Albert Carroll on Confidential Information

Chancery Orders Confidential Treatment of Member List Produced in Books and Records Action

Garlington v. Two Rivers Farm, LLC, C.A. No. 2024-0917-BWD (Del. Ch. Apr. 7, 2025) - The Court of Chancery entered default judgment in a books and records action. The defendant limited liability company then appeared...more

7/10/2025 / Books & Records , Business Litigation , Confidential Information , Confidentiality Agreements , Default Judgment , Delaware , Discovery , Limited Liability Company (LLC) , Litigation Strategies

Superior Court Finds Defamatory Letter to Lender Breached Separation Agreement But Proposed Damages Were Largely Speculative

Feenix Payment Sys., LLC v. Blum, C.A. No. N21C-05-099 EMD CCLD (Del. Super. May 29, 2024) - Plaintiffs were various corporate entities and Keith Lee, their founder and chief executive (collectively, “Feenix”). Defendant...more

3/20/2025 / Breach of Contract , Confidential Information , Contract Terms , Damages , Non-Disparagement Provisions , Restrictive Covenants , Separation Agreement

Delaware Supreme Court Upholds Forfeiture for Competition Provision in Partnership Agreement

Cantor Fitzgerald, L.P., v. Ainslie, No. 162, 2023 (Del. Jan. 29, 2024) - Here, a limited partnership agreement authorized the partnership to withhold distributions owed to a partner who withdraws from the partnership and...more

4/26/2024 / Competition , Confidential Information , Contract Terms , Employment Contract , Non-Compete Agreements , Restrictive Covenants

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

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

8/2/2023 / Confidential Information , Motion to Dismiss , Non-Compete Agreements , Non-Solicitation Agreements , Restrictive Covenants , Stock Purchase Agreement

Delaware Supreme Court Highlights Risks Involved in Court Rules Governing Confidential Filings

DowDuPont Inc. v. The Chemours Co., C.A. No. 2019-0351 (Del. June 26, 2019). A recent Delaware Supreme Court Order emphasizes the risks associated with the presumptions of public access to court filings and the...more

7/9/2019 / Appeals , Confidential Information , DE Supreme Court , Interlocutory Appeals

Chancery Unseals Confidential Complaint for Failure to Comply With Court Rules

The Chemours Co. v. DowDupont Inc., C.A. No. 2019-0351-SG (Del. Ch. June 7, 2019). The Delaware courts have long tried to balance the public’s right of access to information about judicial proceedings with the legitimate...more

6/19/2019 / Appeals , Confidential Information , Corporate Counsel , Motion to Dismiss

Court of Chancery Enforces the Absolute Litigation Privilege

Ritchie CT Opps, LLC v. Huizenga Managers Fund, LLC, C.A. No. 2018-0196-SG (Del. Ch. May 30, 2019). The absolute litigation privilege is an affirmative defense that bars claims arising from statements made in the course...more

6/18/2019 / Absolute Privilege , Breach of Contract , Confidential Information , Disparagement , Judicial Proceedings

Chancery Declines Confidential Treatment to Nonparty’s Claimed Sensitive Business Info

American courts have long recognized that the public enjoys a First Amendment right of access to judicial proceedings and records. While forceful, the right is only presumptive, and the public’s interest in access may be...more

10/20/2017 / Business Disputes , Confidential Information , First Amendment

Albert Carroll

Morris James LLP

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