Non-Compete Agreements in Business Sale Transactions: Buyer and Seller Considerations
Drafting Enforceable Restrictive Covenants, Optimizing Tax Treatment of the Agreements
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will offer guidance to deal counsel for drafting non-compete clauses in contracts for the purchase and sale of a business. The panel will examine key enforceability and tax considerations with non-competes and strategies to avoid unintended legal consequences and optimize the tax treatment of the agreements.
- Benefits and limitations of non-compete agreements in buy-sell agreements
- Drafting non-compete agreements
- Enforceability considerations
- Tax considerations
- Interplay with employee non-compete agreements
The panel will address these and other key questions:
- How can non-compete agreements be structured to avoid being found overly restrictive and unenforceable?
- Are all non-compete agreements treated the same for income tax purposes? How do the tax rules work for these agreements?
- What factors should counsel for buyers and sellers consider in evaluating whether to include a non-compete agreement as a part of the sale transaction?
Mr. Pollard is a trial lawyer and commercial litigator who focuses his practice on competition law. He has... | Read More
Mr. Pollard is a trial lawyer and commercial litigator who focuses his practice on competition law. He has extensive experience litigating a wide range of competition claims, including non-compete, trade secret and antitrust claims. Mr. Pollard both prosecutes and defends claims involving non-compete and non-solicitation agreements, but the overwhelmingly majority of his non-compete practice focuses on non-compete defense.Close
Nicole J. Druckrey
Quarles and Brady
Ms. Druckrey practices in the firm's Commercial Litigation Group and serves as the Chair of the firm's Trade... | Read More
Ms. Druckrey practices in the firm's Commercial Litigation Group and serves as the Chair of the firm's Trade Secrets and Unfair Competition Team. She regularly handles disputes over non-compete agreements, trade secrets, allegations of fraud, loyalty obligations, software development, and contract breaches. Ms. Druckrey has represented clients in a variety of industries and has litigated matters in state and federal courts, before arbitrators, and before FINRA panels.Close
Priya Prakash Royal, Esq. LL.M.
Royal Law Firm
Ms. Royal has extensive experience representing clients in diverse areas of the law, including commercial transactions... | Read More
Ms. Royal has extensive experience representing clients in diverse areas of the law, including commercial transactions and litigation, corporate tax including mergers and acquisitions, trusts and estates, guardianship matters, and related areas. She previously served as an attorney in the Estate and Gift Tax Division of the Internal Revenue Service.Close