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Product ID: 407200EAU
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Noncompete Agreements in the Context of a Business Sale

OnDemand Webinar (90 minutes)

Gain and understanding of noncompete agreements and negotiations of these agreements.Noncompete agreements are powerful tools to protect a business' trade secrets, confidential information, clients, and goodwill by preventing a departing employee to secret away critical business information and client relationships to a competitor. When enforceable, noncompete agreements prohibit former employees from working for any competitor or forming their own competitive business. Under normal business conditions, drafting enforceable noncompete agreements requires thoughtful, advanced planning. In addition to providing a general overview of the best practices for drafting and enforcing noncompete agreements, with or without litigation, this material will address the special complications that arise during corporate restructuring. The covered topics will include how to preserve pre-existing noncompete agreements, introduce noncompete agreements into an existing workforce, and negotiate and draft noncompete agreements with prior owners. While geared towards the special problems businesses must navigate in the context of a business sale, this material will also provide all individuals with a sophisticated understanding of how to better protect their assets.


Josh Goldberg, Barran Liebman, LLP


Unique Protections Noncompete Agreements Provide

• Assets Noncompete Agreements Protect

• Remedies Noncompete Agreements Provide

Creating Your Checklist

• Individuals Who May Be Subject to a Noncompete Agreement

• Salary Requirements

• Legitimate Protectable Interests

• Timing Issues

Obstacles and How to Overcome Them

• Reasonable Restrictions

• Judicial Approaches to Overbroad Restrictions

• Tolling Agreements to Extend the Life of a Noncompete Agreement

• Antitrust and Other Public Interest Exemptions

• Reminder of Obligations to Departing Employees

Special Considerations for Business Sales

• Deciding Whether to Assign Existing Noncompete Agreements

• Practical Issues Assigning Noncompete Agreements

• Introducing Noncompete Agreements to a Workforce

• Considerations for Noncompete Agreements With Former Owners

Enforcement Options

• Litigation Dynamics

• Enforcement Without Litigation