Restrictive Covenants

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In a pair of decisions from the Delaware Court of Chancery and the Delaware Supreme Court, Vice Chancellor Morgan T. Zurn and the Supreme Court en banc rejected a creative but ultimately unsuccessful attempt to circumvent the reasonableness requirement for restrictive covenants.

What struck me most about Vice Chancellor Zurn’s opinion is how it applies…

Delaware, long viewed to be one of the most business-friendly jurisdictions in the country, has joined the ever-expanding list of jurisdictions that no longer give businesses the benefit of the doubt when it comes to restrictive covenants.

Partners Christina Bost Seaton, Amy Epstein Gluck and I explored this issue as set forth herein.

Traditionally…