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Symphony Diagnostic Services No. 1 Inc. v. Greenbaum

Articles Discussing Case:

Can Non-Compete Agreements Be Classified As Personal Services Contracts?

Fisher Phillips • July 17, 2016
In Symphony Diagnostic Services No 1 Inc. d/b/a MobilexUSA v. Greenbaum, the Eighth Circuit Court of Appeals tjust addressed an issue that frequently arises in the non-compete context: what happens when a company buys the assets of another and then tries to enforce non-compete agreements?

Non-Compete Agreements may be Transferred and Enforced by the Successor Employer Following an Asset Purchase Sale

Franczek Radelet P.C • July 13, 2016
The Eighth Circuit Court of Appeals recently held that non-compete agreements may be transferred to a successor employer through an asset sale and enforced by that successor employer against the employees who previously signed the non-compete agreements. (Symphony Diagnostic Services No 1 Inc. d/b/a Mobilex USA v. Greenbaum).

Eighth Circuit Finds Non-Competition Agreements Assignable to Successor Employer in Asset Purchase Without Employees' Consent

FordHarrison LLP • July 11, 2016
Executive Summary: The United States Court of Appeals for the Eighth Circuit recently held that a successor employer, who was assigned non-competition agreements as part of an asset purchase, could seek to enforce the non-competition agreements under Missouri law against two former employees of the predecessor who went to work for a competitor. Reversing the district court's order granting summary judgment to the former employees on the basis that the non-competition agreements were "personal service contracts" and could not be assigned without the employees' consent, the Court of Appeals in Symphony Diagnostic Services No. 1 Inc. v. Greenbaum found that that the non-competition agreements were not personal service contracts and, therefore, could be assigned without the employees' consent.