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Holding the defensive line: Delaware court rejects extension of WARN Act liability to private equity sponsor

Debevoise & Plimpton LLP
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USA
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May 16 2013

On May 10, 2013, Judge Brendan Linehan Shannon of the United States Bankruptcy Court for the District of Delaware rejected an attempt to hold a

WARN Act liability and private equity firms

Drinker Biddle & Reath LLP
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USA
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May 2 2013

Last month's decision out of the Delaware District Court in Woolery, et al. v. Matlin Patterson Global Advisers, LLC, et al. was an eye opener for

You buy the business, you buy its sins - Seventh Circuit reminds business buyers of successor liability for federal employment law violations

Constangy Brooks & Smith LLP
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USA
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April 16 2013

The recent decision of the U.S. Court of Appeals for the Seventh Circuit in Teed v. Thomas & Betts Power Solutions, LLC, holding that a successor

Colorado federal court decision in non-compete dispute demonstrates importance of drafting enforceable forum selection provisions in business transactions

Seyfarth Shaw LLP
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USA
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April 6 2012

As part of the process of acquiring of a business and retaining key employees of the acquired business, multiple agreements surrounding the parameters and contingencies of the transaction are often drafted, including asset purchase agreements and employment agreements

Think you purchased assets “free and clear”? That’s not always the case when it comes to liability for violations of federal employment and labor laws

Roetzel & Andress
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USA
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April 26 2013

Generally, buyers of corporate assets intend to acquire the assets but not the liabilities of the seller. Whether or not a purchaser acquires such

Non-compete agreement not enforceable by successor company after merger

Roetzel & Andress
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USA
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May 30 2012

On May 24, 2012, the Ohio Supreme Court decided the case of Accordia of Ohio, LLC v. Fishel, Slip Opinion No. 2012-Ohio-2297, holding that the language of the non-compete agreements at issue dictated that the surviving, successor company could not have them enforced after a corporate merger as though they had stepped into the shoes of the original company

Asset acquisition comes with unexpected FLSA pain

Foley & Lardner LLP
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USA
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April 8 2013

Some bargains are not as they seem. An asset-acquiring Company discovered this the hard way in Teed v. Thomas & Betts Power Solutions. In the case

Ohio Supreme Court rules on the enforcement of non-compete agreements by the surviving company in a merger

Porter Wright Morris & Arthur LLP
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USA
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May 29 2012

The Ohio Supreme Court ruled 4-3 on May 24, 2012, that following a merger the surviving company may not be able to enforce employees’ non-compete agreements where the agreements fail to contain an assignment clause and the time period of the employees’ non-competes began to run as of the date of the merger

Corporate mergers can create potential restrictive covenant violations

Epstein Becker Green
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USA
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February 13 2013

An employee who joined a corporate employer that was not a competitor with his former employer was still enjoined and restrained by restrictive

Seventh Circuit settles open issue: can’t contract around successor liability for federal wage claims

Quarles & Brady LLP
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USA
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April 19 2013

When buying corporate assets, a buyer wants to buy just assets, not liabilities. But a recent decision from the United States Court of Appeals for

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Search results

Holding the defensive line: Delaware court rejects extension of WARN Act liability to private equity sponsor

WARN Act liability and private equity firms

You buy the business, you buy its sins - Seventh Circuit reminds business buyers of successor liability for federal employment law violations

Colorado federal court decision in non-compete dispute demonstrates importance of drafting enforceable forum selection provisions in business transactions

Think you purchased assets “free and clear”? That’s not always the case when it comes to liability for violations of federal employment and labor laws

Non-compete agreement not enforceable by successor company after merger

Asset acquisition comes with unexpected FLSA pain

Ohio Supreme Court rules on the enforcement of non-compete agreements by the surviving company in a merger

Corporate mergers can create potential restrictive covenant violations

Seventh Circuit settles open issue: can’t contract around successor liability for federal wage claims

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