News & Analysis as of September 21, 2024

Non-Compete Agreements › Delaware General Corporation Law

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Public Company Watch: September 2024

Paul Hastings LLP on 9/18/2024

In the September edition of our Public Company Watch, we cover key issues impacting public companies, including updates regarding the most recent amendments to the Delaware General Corporate Law and the EU’s Corporate...more

2024 Compensation Committee Handbook

Skadden, Arps, Slate, Meagher & Flom LLP on 4/4/2024

Overview of Committee Member Responsibilities - Compensation committee (Committee) members’ duties and responsibilities generally are outlined in the Committee’s organizational charter approved by the board of directors...more

Sundering Noncompetes From The Internal Affairs Doctrine

Allen Matkins on 12/18/2023

Last week, I wrote about a recent Delaware case involving an attempt to enforce a non-compete provision in a limited liability company agreement. Sunder Energy, LLC v. Jackson, 2023 WL 8166517. The case was brought in the...more

Delaware Choice of Law Clause Unenforceable Against Nebraska Employee: A Cautionary Tale

Epstein Becker & Green on 5/14/2020

Citing Nebraska’s fundamental public policy, the U.S. Court of Appeals for the Third Circuit recently affirmed a District Court’s refusal to enforce a Delaware choice of law clause in a non-compete agreement signed by a...more

Advance! Amend! Retreat!

Farrell Fritz, P.C. on 11/4/2019

The title of this post describes not an army maneuver, but the outcome of a recent lawsuit in Delaware Chancery Court for advancement of litigation expenses in which...more

Special Considerations in California M&A Deals

WilmerHale on 6/15/2017

In addition to the deal-structuring issues that typically arise in any acquisition, M&A transactions involving a party incorporated or based in California raise a number of special issues and opportunities. Some of these...more

Choice-of-Law Agreements and Public Policy Enforceability Exception

Morris James LLP on 2/12/2015

By statute, Delaware has affirmed the ability of parties to agree to have their rights, remedies, liabilities, powers and duties governed by the law of Delaware. Originally published in the Delaware Business Court...more

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