May 29, 2024 | Delaware Business Court Insider
How the FTC's Noncompete Ban Would Change Delaware LawIf the final rule is upheld, Delaware's approach to employment-related restrictive covenants will change significantly.
By Molly DiBianca
3 minute read
February 21, 2024 | Delaware Business Court Insider
Delaware Supreme Court Upholds Partnership's Anti-Competition ProvisionIn Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court upheld the validity of a post-employment restriction in a limited partnership agreement. The decision overturned the ruling of the Delaware Court of Chancery invalidating a forfeiture-for-competition provision, which permitted the partnership to withhold distributions to partners who voluntarily withdrew from and then competed with the partnership.
By Molly DiBianca
3 minute read
July 26, 2023 | Delaware Business Court Insider
Difference in Political Beliefs Is Not a Proper Purpose for Section 220 ActionThe right of a shareholder to demand to inspect a company's books and records may be an important tool but it is not without limits. In a recent decision involving The Walt Disney Co. (Disney), the Delaware Court of Chancery reminded one litigant that disagreement over business decisions, including decisions about a company's position on social issues, is not a proper basis for a shareholder action under Section 220.
By Molly DiBianca
5 minute read
May 10, 2023 | Delaware Business Court Insider
Drug Policies Up in Smoke: What Legalization Means for Delaware BusinessesOn April 23, Delaware became the 22nd state in the country to legalize marijuana for recreational use. With the passage of the new law, Delaware employers face new challenges and questions. This article is intended to offer some answers.
By Molly DiBianca and Robert T. Hoban
4 minute read
February 08, 2023 | Delaware Business Court Insider
The Fragile State of Noncompetes in DelawareThe enforceability of restrictive covenants, both in Delaware and across the country, is an issue in a state of flux. A recent decision by the Delaware Court of Chancery serves to highlight the court's hesitance to enforce noncompetes in Delaware and the rule recently proposed by the FTC would eliminate noncompetes entirely.
By Molly DiBianca
5 minute read
August 17, 2022 | Delaware Business Court Insider
Employee's Double Dealing Lands Him in Serious Legal TroubleIn a recent decision, Metro Storage International, v. Harron, C.A. No. 2018-0937-JTL (Del. Ch. May 4, 2022), the Delaware Court of Chancery made clear that executives who engage in double dealing will pay a high price for their bad acts.
By Molly DiBianca
5 minute read
May 25, 2022 | Delaware Business Court Insider
The Risks of Litigating Employment Claims in the Court of ChanceryA recent decision by the Delaware Court of Chancery highlights some of the perils employers face when attempting to enforce post-employment covenants, such as confidentiality and nonsolicit provisions.
By Molly DiBianca
6 minute read
February 23, 2022 | Delaware Business Court Insider
Proposed Law Would Require Paid Leave for Delaware EmployeesThe Healthy Delaware Families Act (the act) is a proposed law that, if passed, would provide access to paid leave for eligible Delaware workers.
By Molly DiBianca
7 minute read