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ANALYSIS: Delaware Court Sees Three Noncompete Cases in Two Days

Aug. 27, 2021, 9:00 AM

While noncompetition agreements in the employment context are being subjected to increasing scrutiny both federally and at the state level, Delaware continues to field interesting cases that buck this general trend.

In two days in August, three separate cases were filed in the Delaware Chancery Court. Each of them sought to enforce noncompetition and related restrictive covenants against non-Delaware-based defendants. Unusually, in each case, the restrictive covenants were set forth in instruments to which the actual employer of the defendant was not a party.

Despite the current anti-noncompete environment and these limitations, plaintiffs in these cases stand a good ...

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