News & Analysis as of

Choice-of-Law Scope and Duration of Restrictive Covenant

Faegre Drinker Biddle & Reath LLP

Delaware Chancery Court Declines to Blue-Pencil Overly Broad Noncompete Agreement; Casts Doubt on Choice of Law Provisions

A recent Delaware Chancery Court opinion has elucidated Delaware’s approach to judicially modifying, or “blue-penciling,” overly broad noncompete agreements and deferring to parties’ choice of law provisions. The case, FP UC...more

Jaburg Wilk

Employment Non-Competition Covenants- What Law Applies and Why The Answer To That Question Is So Important

Jaburg Wilk on

Many Arizona employees are often subject to non-compete agreements, or “covenants,” in which the employee agrees in advance to not compete with his or her employer for some time after leaving or being terminated by the...more

Proskauer - Law and the Workplace

Non-Competes in Washington – Over-Reaching Could Cost Employers

Washington is the most recent state to adopt a law restricting the use of noncompetition agreements. The new law (HB 1450), which was signed by Governor Jay Inslee on May 8, 2019 and is scheduled to go into effect on January...more

Payne & Fears

Recent Developments Regarding Noncompete Agreements

Payne & Fears on

There is no question that noncompete agreements in California employment contracts are generally unenforceable. Many other states, however, may enforce such agreements if they are “reasonable” in duration and geographic...more

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