National Implications Of Enforcing Acquired Noncompetes

Law360, New York (June 27, 2012, 1:35 PM EDT) -- In a somewhat surprising decision reported in Law360 on May 24, 2012, the Ohio Supreme Court, in a 4-3 decision, narrowly construed the right of the surviving corporation in a corporate merger to enforce noncompete agreements entered into with the predecessor.

The decision is a reminder to practitioners nationally to anticipate merger and asset acquisition scenarios when drafting noncompetes, and to anticipate enforcement situations when executing mergers and asset acquisitions.

In Acordia of Ohio LLC v. Fishel, Case No. 2011-01639 (Ohio May 24, 2012), the surviving...
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