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.