Litigation Issues Arising from M&A Transactions - Non-compete Agreements: Enforceability and Role in M&A Deals

July 29, 2019

Presentation

Presentation Slides

San Francisco Partner Meryl Macklin and St. Louis Partner Mark Deiermann hosted a webinar July 23 on non-compete issues in the M&A context. Ms. Macklin and Mr. Deiermann discussed deal-related non-compete considerations such as:

  • Who is or should be bound by non-competes;
  • Potential non-compete issues and problems; and
  • Some practical realities in light of state law differences.

Ms. Macklin is a trial lawyer with over 30 years of experience trying and resolving complex business disputes. Ms. Macklin has served as lead trial counsel for clients ranging from major corporations to small startups in dozens of high-exposure cases in state and federal courts around the country, and regularly practices in both Northern and Southern California. Ms. Macklin co-leads the firm’s M&A Disputes group where she focuses on merger and acquisition-related disputes, on issues such as indemnification, breaches of representations and warranties, and earnouts. She often teams with corporate attorneys to resolve such disputes.

Mr. Deiermann is a litigator whose practice primarily involves noncompetition and related disputes. He has extensive experience in connection with covenant not to compete, trade secret, computer misconduct and employee unfair competition disputes. As co-leader of Bryan Cave Leighton Paisner’s Non-Compete, Trade Secret and Employee Unfair Competition Team, Mr. Deiermann has been involved in more than 60 cases involving non-compete or trade secret disputes; many more non-compete or trade secret disputes which were resolved without the need for litigation; counseling numerous "old" employers, former employees and "new" employers regarding the enforceability of noncompetition provisions; drafting noncompetition agreements; reviewing the enforceability of noncompetition provisions contained in sale of business agreements; and providing advice and guidance to other firm attorneys in connection with non-compete disputes they are handling.