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Part 29 of “The Restricting Covenant Series”: From Reliable to Unpredictable: Navigating Post-Employment Restrictive Covenants in Delaware

Once considered a reliable “go-to” state for enforcing noncompetes and nonsolicitation agreements, Delaware is now a minefield of unpredictability. Historically, if a noncompete’s geographic, temporal or business activity scope was too broad, Delaware courts used the “blue-pencil” doctrine1 to render them reasonable and enforceable. Those days are largely gone. Blue-penciling is not a reliable safety … Continue reading “Part 29 of “The Restricting Covenant Series”: From Reliable to Unpredictable: Navigating Post-Employment Restrictive Covenants in Delaware”

Part 20 of “The Restricting Covenant” Series: Radius, The Raven, and Restrictive Covenants

You’re probably reading the title of this article and saying, “He’s gone bonkers! What does ‘radius’ and Edgar Allan Poe’s poem ‘The Raven’ have to do with restrictive covenants?” This article is for all you inner mathematicians and geometry aficionados. More to the point, it is for those who draft, interpret and litigate non-compete agreements … Continue reading “Part 20 of “The Restricting Covenant” Series: Radius, The Raven, and Restrictive Covenants”

Part 17 of “The Restricting Covenant” Series: Realtors, Real Estate Agents, and Restrictive Covenants

At least once a month I receive a postcard in the mail from a local, regional or national realtor about homes sold recently in my neighborhood. These glossy postcards typically feature a specific real estate agent with his or her photo, name and telephone number. What these postcards don’t tell you, however, is whether the … Continue reading “Part 17 of “The Restricting Covenant” Series: Realtors, Real Estate Agents, and Restrictive Covenants”

Part XI of “The Restricting Covenant” Series: Restatements of the Law and Restrictive Covenant Disputes

In this eleventh article in the continuing series “The Restricting Covenant,” I discuss the “Restatements of the Law,” which, while not law per se, are important secondary legal sources that should not be overlooked when tackling thorny restrictive covenant disputes. Relevance of the Restatements in Non-Compete Cases In many states, decisions regarding the validity and … Continue reading “Part XI of “The Restricting Covenant” Series: Restatements of the Law and Restrictive Covenant Disputes”

Delaware Is Increasingly No Longer a Safe Bet for Restrictive Covenants and Default Choice of Law Provisions

Employers should be careful before defaulting to Delaware choice of law for restrictive covenant agreements. Historically, Delaware law presented a good option, particular for Delaware entities. However, a series of court decisions out of that state have severely limited the advantages of that approach.

Part 28 of the “The Restricting Covenant Series”: Worldwide Noncompete Restrictions

Grab your passports, compass and other essential travel gear, as this edition of The Restricting Covenant Series navigates through the treacherous waters of noncompete agreements and their geographic reach. First Stop: New Jersey Ah, the Garden State. Home to the most diners and shopping malls. Where the state bird is the American goldfinch, the state … Continue reading “Part 28 of the “The Restricting Covenant Series”: Worldwide Noncompete Restrictions”