Barnaby Grzaslewicz

Morris James LLP

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Court of Chancery Finds Employee’s Restrictive Covenants Unenforceable for Lack of Consideration

N. Am. Fire Ultimate Holdings, LP v. Doorly, C.A. No. 2024-0023-KSJM (Del. Ch. Mar. 7, 2025) - A contract requires consideration to be enforceable. In this case, the Court of Chancery held restrictive covenants were...more

8/21/2025 / Breach of Contract , Contract Disputes , Contract Terms , Employment Contract , Employment Litigation , Former Employee , Non-Compete Agreements , Restrictive Covenants , Termination , Unenforceable Contract Terms

Key Takeaways from Recent Delaware Restrictive Covenant Case Law

Partners Vincent Cannizzaro and Barnaby Grzaslewicz recently presented Recent Developments in Delaware Restrictive Covenant Case Law: The Alternative Entity Creep, providing key insights into how Delaware’s courts are...more

2/3/2025 / Business Entities , Business Litigation , Contract Terms , Corporate Governance , Delaware , Employment Contract , Limited Liability Company (LLC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

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

Chancery Rules That The Standard Of Proof For Contempt Motions Is The Preponderance Of The Evidence, Not Clear And Convincing...

inTEAM Associates, LLC v. Heartland Payment Systems, LLC, C.A. No. 11523-VCF (Del. Ch. Oct. 29, 2021) - Court of Chancery Rule 70(b) empowers the Court to hold a party in contempt for, among other things, failing to obey...more

1/11/2022 / Acquisition Agreements , Breach of Contract , Non-Compete Agreements , Non-Solicitation Agreements , Restrictive Covenants

Chancery Applies Forum Non Conveniens Analysis to Grant Partial Stay of Dispute Between LLCs and Former Manager

AG Resource Holdings, LLC v. Thomas Badford Terral, C.A. No. 2020-0850-JRS (Feb. 10, 2021) - In AG Resource, the Court of Chancery was tasked with determining whether it or a Louisiana state court should resolve similar...more

3/3/2021 / Breach of Contract , Employment Contract , Forum Non Conveniens , Jurisdiction , LLC Agreements , Non-Compete Agreements

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