Restrictive Covenants and Considerations

August 24, 2021

In a sale of a company or of its assets, it is common for founders, executives, sales people, or other important employees to be retained after the acquisition to assist in the transition of the company. It is also common for these people to sign restrictive covenants. We will discuss these covenants; such as non-competition, non-disclosure, non-solicitation, and confidentiality covenants which are recommended or necessary to protect a business interest in the context of a business purchase and sale, formation of a business relationship, dissolution of a business relationship, buyout, and employment. Join us to discuss more in detail these considerations.

0:48 What are restrictive covenants.

4:21 Why you need restrictive covenants in place even without employment agreements.

6:42 Restrictive covenants and a business sale.

9:17 Restrictive covenants and forming a business relationship.

13:47 Independent contractors vs employees.

20:07 Trade secrets.

22:56 Legitimate business interest, reasonably necessary to protect interest, and scope of activities.


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