Non-competes and other anticompetitive contracts have been a running theme this year for the Delaware Supreme Court, which on Wednesday again heard argument on how to apply one of the first opinions it issued in 2024.

At stake in the case itself is $5.3 million, the amount of carried interest payments private equity firm Court Square Capital Management withheld from former employee Kevin Brown, claiming after he left Court Square, he breached a non-compete by advising MSD Partners, a Court Square competitor, on two matters on the deal sheet provided by Court Square.