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Employment Litigation Roundup: February 2026

Delaware Supreme Court: Employers may not be able to recover monetary damages for violations of overbroad restrictive covenants - The Delaware Supreme Court affirmed a Delaware Chancery Court ruling barring an employer...more

Employment Litigation Roundup: January 2026

The Delaware Court of Chancery recently recommended dismissal of an employer’s motion to enforce a two-year noncompete contained in a profits interest award against a former employee. The restriction prohibited the employee,...more

Employment Litigation Roundup: December 2025

Delaware court enforces five-year non-compete signed during merger - In William Brian Derge v. D&H United Fueling Solutions, Inc., et al., the Delaware Court of Chancery enforced a five-year non‑compete signed in...more

Employment Litigation Roundup: November 2025

Maryland court says short-term incentive bonus is not a “wage” under Maryland law - In Swain v. Paramount Global, Inc., et al., a Maryland federal court held that an employee’s annual bonus under Paramount’s Short-Term...more

Employment Litigation Roundup: October 2025

Massachusetts court holds parent company cannot enforce noncompete against its subsidiary’s employee - On October 7, 2025, the Massachusetts Superior Court denied an employer and its parent entity’s request for an...more

Employment Litigation Roundup: September 2025

FTC retreats from broad non-compete ban but signals increased case-by-case scrutiny of non-competes will continue - On September 5, 2025, the Federal Trade Commission (the “FTC”) voluntarily dismissed its appeal in the...more

Employment Litigation Roundup: August 2025

In Bivens v. Zep, Inc., a customer engaged in unwanted romantic advances towards a former employee. The employee sued the employer for harassment and hostile work environment under federal law, asserting that the employer...more

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