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Non-Compete Agreements › Delaware

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

Skadden, Arps, Slate, Meagher & Flom LLP on

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Sheppard Mullin Richter & Hampton LLP

Delaware Supreme Court Enforces Forfeiture for Competition Provision in Partnership Agreement

Sheppard Mullin Richter & Hampton LLP on

In Cantor Fitzgerald, L.P. v. Ainslie, No. 162, 2023, 2024 WL 315193 (Del. Jan. 29, 2024), the Delaware Supreme Court held enforceable a “forfeiture for competition” provision in a limited partnership agreement, upholding...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ruling: Forfeiture-for-Competition Provisions in Delaware Partnership Agreements Are Not Subject to a Reasonableness Review

Skadden, Arps, Slate, Meagher & Flom LLP on

On January 29, 2024, in Cantor Fitzgerald, L.P. v. Ainslie, the Delaware Supreme Court reversed a decision of the Delaware Court of Chancery holding that a forfeiture-for-competition provision in a partnership agreement was a...more

Allen Matkins

Will Your Next California Non-Compete Dispute Be Adjudicated In The Delaware Court Of Chancery?

Allen Matkins on

Sunder Energy, LLC recently sought to enforce a non-compete agreement against its former head of sales in the Delaware Court of Chancery.  Sunder Energy, LLC v. Jackson, 2023 WL 8166517.  Vice Chancellor J. Travis Laster...more

Proskauer - Law and the Workplace

Delaware Court Of Chancery Refuses To Enforce Both Choice of Law Provision And Nationwide Non-Compete

Proskauer - Law and the Workplace on

On August 31, 2023, the Delaware Court of Chancery held, with respect to a non-compete provision in an employment agreement, that: (1) the choice of law provision selecting Delaware was “not necessarily binding”; and (2) the...more

Foley & Lardner LLP

Race to the … Increasingly Conservative Non-Competition Jurisdiction?

Foley & Lardner LLP on

Businesses frequently choose Delaware as the governing law and venue for enforcement when drafting many kinds of agreements, including non-competition covenants. Delaware is attractive for several reasons, including robust...more

Snell & Wilmer

Blue Pencils Down: The Recent Delaware Non-Compete Case Trifecta

Snell & Wilmer on

Over the past six months, the Delaware Court of Chancery has issued a series of decisions narrowing the scope of permissible non-compete agreements, while declining to “blue pencil” those provisions to render them...more

Dunlap Bennett & Ludwig PLLC

Non-Competes In A Transactional Context Under Delaware Law

Dunlap Bennett & Ludwig PLLC on

A non-compete clause is often part of an employment agreement. In the employment context, these restrictive covenants can prevent an employee or independent contractor (together, “Worker” or “Workers”) from working for a...more

Morrison & Foerster LLP

Trio of Delaware Cases Signal Stricter Review of Sale-of-Business Non-Competes

Morrison & Foerster LLP on

On March 16, 2023, the Delaware Chancery Court in Intertek Testing Services NA, Inc. v. Eastman found a sale-of-business non-compete was overbroad, given its worldwide geographic scope, and refused to modify it to make it...more

Proskauer - Law and the Workplace

Delaware Chancery Court Invalidates Forfeiture-for-Competition Provision in Partnership Agreement

Proskauer - Law and the Workplace on

On January 4, 2023, in Ainslie, et al. v. Cantor Fitzgerald, L.P., the Delaware Court of Chancery invalidated the forfeiture-for-competition provision in the financial services company’s limited partnership agreement, based...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Delaware Declines to Enforce Sale of Business Non-Compete

Sheppard Mullin Richter & Hampton LLP on

Courts and state legislatures continue to take aim at post-employment non-competes. In a companion blog, we recently detailed the Federal Trade Commission’s proposed rule banning post-employment non-competes. However, for...more

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