21 May 2024
Broken Chains and Reduced Valuations: How the FTC’s Non-Compete Ban May Impact M&A
Unless you’ve been practicing under a rock, you’ve probably heard that the Federal Trade Commission (FTC) recently issued a final rule banning most employee non-compete clauses. You may even have heard that there’s an exemption for non-competes with sellers of a business. But did you know that even compensation clawbacks could be deemed to be a “non-compete clause” under the FTC’s final rule, or that the business sale exemption may only extend to sellers and not to target management or key employees? Learn more about these questions and what the FTC’s rule means for M&A practice in this new article from Practical Guidance.
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- Non-Competition, Non-Solicitation, Non-Disparagement, and Confidentiality Agreements in M&A Deals
Understand how M&A attorneys and buyers use non-compete clauses to protect the value of a target business post-closing.
- Employment and Consulting Agreements in M&A Deals
Learn about non-competes and other provisions typically found in M&A-related employment and consulting agreements.
- Sections 280G and 4999 Parachute Payment Rules
Discover how the non-compete ban could affect a target company’s efforts to preserve the full value of a change in control payment.
- Private Acquisition Agreements Key Negotiating Points Checklist
Brush up on the many different provisions parties typically negotiate, including non-competes, in private M&A transaction agreements.
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