Cooper Spinelli

Morrison & Foerster LLP

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Non-Compete Round Up- FTC, NLRB, California and Delaware

As we approach the end of the first quarter in 2025, we have seen notable developments in non-compete law over the last 12 months. As the new administration decides what to do with non-competes at the federal level, state...more

3/20/2025 / California , Chevron Deference , Delaware , Employment Contract , Enforcement Actions , Federal Trade Commission (FTC) , Loper Bright Enterprises v Raimondo , NLRB , Non-Compete Agreements , Restrictive Covenants

Kodiak Two Years Later: Is Delaware’s Blue Pencil Turning Red for Non-Competes?

October 6, 2024 marks the two-year anniversary of Kodiak Building Partners, LLC v. Adams—the case in which the Delaware Chancery Court refused to enforce a sale-of-business non-compete against an executive who received $1...more

10/3/2024 / Blue Pencil Contract Modification , Delaware , Employment Contract , Non-Compete Agreements , Restrictive Covenants , State Courts , Unenforceable Contract Terms

Trio of Delaware Cases Signal Stricter Review of Sale-of-Business Non-Competes

On March 16, 2023, the Delaware Chancery Court in Intertek Testing Services NA, Inc. v. Eastman found a sale-of-business non-compete was overbroad, given its worldwide geographic scope, and refused to modify it to make it...more

4/3/2023 / Blue Pencil Contract Modification , Competition , Corporate Counsel , Delaware , Non-Compete Agreements , Partnership Agreements , Restrictive Covenants , Selling a Business , State Courts

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