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M&A Webinar Series - Restrictive Covenants in M&A Transactions

Tuesday, Sep 01, 2020
11:00 AM - 11:15 AM EDT

Whether you are the buyer or seller, there are employment elements you must consider in M&A transactions. Join Laura Windsor, Chair of the firm’s Labor, Employment and Immigration Section and Forbes Thompson, a Partner in our M&A Practice, for a discussion on what you should look for in your next deal. Key topics will include:

  • Defining restrictive covenants and their key elements, including duration, scope, and defining the legitimate business interest.
  • Key considerations for both the seller and buyer to enhance likelihood of enforceability.
  • Nuts and bolts of restrictive covenants in a purchase and sale context; and the need for two sets of covenants: one in the purchase agreement and one in the employment agreement.
  • Relevant state laws and impacts on enforceability.