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Covenant Not To Compete When Buying or Selling a Business (Part III)

by Staff of the Firm | Jul 5, 2016 | Business Management, California Law Update, New York Law Update, Texas Law Update, Uncategorized

Florida: Reasonableness Matters. In Florida, restrictive covenants are not prohibited, so long as they are reasonable in time, area, and line of business.[1]  In the context of the sale of a business or professional practice, Florida courts generally presume...

Covenant Not To Compete When Buying or Selling a Business (Part II)

by Staff of the Firm | Jun 28, 2016 | Business Management, California Law Update, New York Law Update, Texas Law Update, Uncategorized

California: It All Comes Down to Goodwill. Generally speaking, non-competes are void under California law.[1]  Exceptions do exist.  In the context of the sale of goodwill in a business, for example, the seller may agree not to compete with the buyer so long as the...

Covenant Not To Compete When Buying or Selling a Business (Part I)

by Staff of the Firm | Jun 16, 2016 | Business Management, California Law Update, New York Law Update, Texas Law Update, Uncategorized

If your business employs skilled workers, or you have been one, you may be familiar with non-compete agreement, also known as covenant not to compete.  For those who are less familiar with the subject, it is a contractual provision under which one party agrees not to...

Delaware Law Update: The Meaning of “Control” in “Controlling Stockholder” (Part II)

by Staff of the Firm | Apr 21, 2016 | Business Management, Delaware Law Update, Disagreement, Minority Shareholders, Uncategorized

In Calesa Associates, L.P. v. American Capital, Ltd., a group of minority stockholders of Halt Medical, Inc. (the “company”) filed a lawsuit for breaches of fiduciary duty in connection with a corporate transaction against current and former directors of the company...

Delaware Law Update: The Meaning of “Control” in “Controlling Stockholder” (Part I)

by Staff of the Firm | Apr 14, 2016 | Business Management, Delaware Law Update, Disagreement, Minority Shareholders, Uncategorized

We write frequently about minority shareholder rights here.  We started with Ritchie v. Rupe, a Texas Supreme Court case that completely changed the lay of the land by making it harder for minority shareholders to bring lawsuits based on oppressive conduct by majority...
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