News & Analysis as of

Stock Purchase Agreement Non-Compete Agreements

Morris James LLP

Chancery Finds Restrictive Covenant in Stock Purchase Agreement is Unreasonable and Unenforceable

Morris James LLP on

Intertek Testing Servs. NA, Inc., C.A. No 2022-0853-LWW (Del. Ch. Mar. 16, 2023) - Delaware courts do not mechanically enforce non-competes. Instead, the non-compete must be reasonable in scope and duration and advance a...more

MoFo Employment Law Commentary (ELC)

Delaware Court Refuses To Enforce Or Blue Pencil Sale Of Business Non-Compete

20 second read: While courts generally appear to give greater deference to enforcement of sale of business non-competes, at least one Delaware court confirmed that if a court thinks the restrictions go beyond the scope of the...more

Burns & Levinson LLP

Don’t Assume That Closely Related Agreements Will Be Interpreted As One Contract

Burns & Levinson LLP on

In some transactions, such as those involving the acquisition of a business, the deal may be documented through a primary contract and subsidiary agreements that are referenced in, or even attached as Exhibits to, the...more

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