The Delaware Supreme Court’s decision in Payscale Inc. v. Erin Norman and BetterComp, Inc., No. 297, 2025 (Del. Mar. 19, 2026), is an important course correction for employers seeking to enforce restrictive covenants tied to equity incentive plans. In a reversal of the Court of Chancery, the Supreme Court held that Vice Chancellor
Delaware Supreme Court
Delaware Supreme Court Revives Ex-Partner’s Compensation Claims Against Centerview Partners, Limits Collateral Estoppel
By Carl D. Neff on
The long-running dispute between investment banker David Handler and M&A advisory boutique Centerview Partners has taken another turn. In David A. Handler v. Centerview Partners Holdings LP, et al., No. 269, 2025 (Del. Mar. 18, 2026), the Delaware Supreme Court reversed the Court of Chancery’s dismissal of Handler’s compensation-related counterclaims, holding that the…
Delaware Courts Reject Novel Attempt to Avoid Reasonableness Review of Restrictive Covenants
By Carl D. Neff on
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 Courts in 2025: A Year of Course Correction
By Carl D. Neff on
Major Decisions and Legislative Reforms Shape Corporate Governance
If 2024 was the year Delaware’s corporate law establishment got nervous, 2025 was the year it fought back. And fought back hard.
For those of us who follow Delaware corporate law closely, the past year has been nothing short of remarkable. What began with hand-wringing over the…
An Updated Primer on Delaware Books and Records Demands Pursuant to Section 220 of the DGCL
By Carl D. Neff on
Delaware stockholders and directors have an important tool in their arsenal to obtain information from a Delaware corporation: Section 220 of the Delaware General Corporation Law (“DGCL”). The statute confers standing upon stockholders or directors to demand inspection of the books and records of a Delaware corporation. 8 Del. C. § 220.
This post will…
Delaware Judiciary Extends Judicial Emergency, Delaware Courts Remain in Phase 2
By Carl D. Neff on
On December 30, 2020, the Delaware Supreme Court extended the current judicial emergency for an additional 30 days, effective January 4, 2021. The Chief Justice of the Delaware Supreme Court issued Administrative Order No. 15 memorializing the same.
Previously, on October 5, 2020, the Delaware Courts had moved to a modified Phase 3 of the…
Delaware Judiciary Extends Emergency Until Oct. 5, 2020; Unveils Plan to Resume Trials In October
By Carl D. Neff on
On Friday, September 4, 2020, the Delaware Supreme Court released a plan to restart jury trials in October, 2020, while extending the current judicial emergency an additional 30 days until October 5, 2020. The Chief Justice likewise issued Administrative Order No. 10 memorializing the same.
According to the notice, the resumption of jury trials…
Delaware Judicial Emergency Extended for Another 30 Days
By Carl D. Neff on
Today, the Chief Justice of the Delaware Supreme Court issued Administrative Order No. 9, which extends Delaware’s Judicial Emergency for another 30 days, effective August 7, 2020. Per the Administrative Order, the Delaware courts will continue to operate under Phase 2.
Citing the “national trend of increasing virus spread, new quarantine requirements by other…
Delaware 2020 Bar Exam Cancelled; Applicants to Practice Law on Limited Basis
By Carl D. Neff on
In light of the ongoing coronavirus pandemic, the Delaware bar exam has been cancelled this year, according to an announcement by the Court issued on July 24, 2020. The bar examination, usually scheduled in late July, had previously been rescheduled to September 9th to 11th.
Pursuant to the announcement, in lieu of the bar exam,…