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More Answers on Noncompetes from 7th Circuit

October 23, 2017

O’Melveny partner Eric Amdusrky and associate Tyler Runge co-authored the article, “More Answers on Noncompetes from 7th Circuit” published October 23, 2017, in Law360. The article examines the answers provided in the recent Seventh Circuit ruling in E.T. Products LLC v. D.E. Miller Holdings Inc.

“The interpretation and enforcement of noncompetition agreements in the context of a sale of a business are a frequent source of angst for both the buyer and seller,” the authors write. “Despite the volumes that have been written on the subject, questions still remain: Who, exactly, is a ‘competitor,’ when does a seller’s interactions with a competitor amount to a breach of contract, and what is the permissible geographic scope of the noncompete?”