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Noncompete Agreements in the Context of a Business Sale

 

Gain and understanding of noncompete agreements and negotiations of these agreements.

Noncompete agreements are powerful tools to protect a business' trade secrets, confidential information, clients, and goodwill by preventing a departing employee to secret away critical business information and client relationships to a competitor. When enforceable, noncompete agreements prohibit former employees from working for any competitor or forming their own competitive business.
Under normal business conditions, drafting enforceable noncompete agreements requires thoughtful, advanced planning. In addition to providing a general overview of the best practices for drafting and enforcing noncompete agreements, with or without litigation, this material will address the special complications that arise during corporate restructuring. The covered topics will include how to preserve pre-existing noncompete agreements, introduce noncompete agreements into an existing workforce, and negotiate and draft noncompete agreements with prior owners. While geared towards the special problems businesses must navigate in the context of a business sale, this material will also provide all individuals with a sophisticated understanding of how to better protect their assets.

Agenda

Faculty

Josh Goldberg

Josh Goldberg

Barran Liebman, LLP

  • Attorney with Barran Liebman, LLP, in Portland, Oregon
  • Litigation and advice practice focuses on advice and litigation related to restrictive covenants, including noncompete agreements, non-solicitation agreements, and non-disclosure agreements
  • Drafted noncompete agreements for small, medium and large-sized employers that are compliant in states across the country
  • Advised companies on how to preserve noncompete agreements during sales and corporate transfers
  • Defended a claim of breach of a noncompete agreement for a global technology company and quickly achieved a highly favorable result
  • Briefed the Oregon Court of Appeals on novel issues that arose in an action to enforce a noncompete agreement
  • Advised companies on best practices while hiring employees subject to noncompete agreements
  • J.D. degree, Lewis & Clark Law School, B.A. degree, Williams College
  • Can be contacted at [email protected]

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