The Delaware Court of Chancery’s post-trial opinion in Gener8 v. Castanon (2023 Del. Ch. LEXIS 380 (Del. Ch. Sept. 29, 2023)) is both a helpful resource for anyone looking for a discussion of the elements of a variety of causes of action, including, spoliation, breach of contract, breach of the implied covenant of good faith and fair dealing, intentional interference with contractual relations and with prospective economic advantage, and unclean hands, and a good reminder of the flexibility the Court of Chancery has in addressing egregious conduct.

The case involved claims that the defendant, Scott Castanon, was materially involved with an entity known as Protoshop, Inc. (Protoshop), in breach of the noncompete and nonsolicitation provisions contained in an equity purchase agreement Castanon entered into with Gener8 in connection with Gener8’s purchase of Symbient Product Development, LLC (Symbient), a company Castanon founded.

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