In a per curiam opinion issued yesterday, the United States Supreme Court reversed a decision of the Oklahoma Supreme Court that had determined the enforceability of a non-compete agreement arising out of a contract that contained an arbitration provision. Despite the fact that the restraint at issue was found to violate Oklahoma law, the US Supreme Court determined that the Oklahoma Supreme Court overstepped its bounds and that under the Federal Arbitration Act enforceability of the non-compete should have been left to the Arbitrator.
Continue Reading The U.S. Supreme Court Decides a Non-Compete Issue: Not Really
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Ohio Supreme Court Reverses Itself, Holding That Noncompete Agreements Do Transfer To The Successor Corporation After A Corporate Merger
Posted in Non-Compete Agreements
Last week, the Ohio Supreme Court reversed its decision of earlier this year in Acordia of Ohio, L.L.C. v. Fishel et al., in which the Court held that when a company that was the original party to a noncompete agreement merges in to another company, unless the noncompete agreement contained a “successors and assigns” clause, the merger was a termination of employment which triggered the running of the restrictive period in the noncompete.
Continue Reading Ohio Supreme Court Reverses Itself, Holding That Noncompete Agreements Do Transfer To The Successor Corporation After A Corporate Merger
Ohio Supreme Court Holds That A Merger Triggers The Running Of A Noncompete Clock
Posted in Non-Compete Agreements
The Ohio Supreme Court recently held that when a company that was the original party to a noncompete agreement merges in to another company, unless the noncompete agreement contained a “successors and assigns” clause, the merger is a termination of employment which triggers the running of the restrictive period in the noncompete.
Continue Reading Ohio Supreme Court Holds That A Merger Triggers The Running Of A Noncompete Clock