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Employee Benefits Law Report Reporting on recent trends and developments affecting employee benefits

Tag Archives: Ohio Supreme Court

Ohio Supreme Court Partially Reverses its Acordia Non-Compete Decision

Posted in Benefits Issues Related to Mergers and Acquisitions, Executive Compensation

This past May, we reported that the Ohio Supreme Court ruled in Acordia of Ohio, L.L.C. v. Fishel that following a merger, the surviving company may not be able to enforce employees’ non-compete agreements, where the agreements failed to contain an assignment clause, and the time period of the employees’ non-competes began to run as of the date of the merger. The Court reconsidered its decision, and issued a new decision today. Upon quick review, the bottom line seems to be that the Court has decided that it mis-read earlier precedent regarding corporate mergers. Here is part of the