Epstein Becker: Ohio Supreme Court Holds That a Non-compete Agreement Transfers to a Successor Company After a Merger | Practical Law

Epstein Becker: Ohio Supreme Court Holds That a Non-compete Agreement Transfers to a Successor Company After a Merger | Practical Law

This Law Firm Publication by Epstein Becker & Green, P.C. discusses the Ohio Supreme Court's new decision in Acordia of Ohio, L.L.C. v. Fishel. In its first Acordia decision, the court held that a corporate merger triggers the running of a non-compete's restrictive period. Following a motion for reconsideration by the employer, the court recently held that a non-compete agreement transfers to a successor company after a corporate merger. The absorbed company becomes a part of the resulting company following a merger and the successor can enforce the merged company's non-compete agreements.

Epstein Becker: Ohio Supreme Court Holds That a Non-compete Agreement Transfers to a Successor Company After a Merger

by Epstein Becker & Green, P.C.
Published on 18 Oct 2012Ohio, United States
This Law Firm Publication by Epstein Becker & Green, P.C. discusses the Ohio Supreme Court's new decision in Acordia of Ohio, L.L.C. v. Fishel. In its first Acordia decision, the court held that a corporate merger triggers the running of a non-compete's restrictive period. Following a motion for reconsideration by the employer, the court recently held that a non-compete agreement transfers to a successor company after a corporate merger. The absorbed company becomes a part of the resulting company following a merger and the successor can enforce the merged company's non-compete agreements.