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Acordia of Ohio, L.L.C. v. Fishel, Slip Opinion No. 2012-Ohio-4648 (October 11, 2012)

Articles Discussing Case:

The Ohio Supreme Court Reverses a Prior Decision and Gives Some Teeth to Noncompetes Applicable to Acquired Employees

Ogletree Deakins • October 23, 2012
The Ohio Supreme Court recently revisited an important decision for companies involved in merger and acquisition transactions in Ohio. In Acordia of Ohio, L.L.C. v. Fishel (Acordia I), the court decided that successor companies were not permitted to take the place of their predecessors in order to enforce noncompetition agreements between the predecessor and acquired employees. The Acordia I decision was partially based on the fact that the noncompetition agreements at issue did not contain assignment language and narrowly defined the parties as the predecessor company and its employees. (For more on this decision, visit our blog post here.)