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Is the Delaware Supreme Court Pushing Back on Chancery’s Suspicion of Non-Competes?

The Delaware Court of Chancery has been increasingly willing of late to strike down non-compete covenants as overbroad, a trend accompanied by a growing unwillingness to “blue pencil” agreements by narrowing terms to what the...more

Hotel Group Seller’s COVID-19 Response Breaches ‘Ordinary Course’ Covenant, Excusing Buyer’s Performance

Delaware’s Supreme Court held this month that a buyer’s obligation to close a hotel group purchase was excused where the seller adopted what it described as “proportional changes in response to extraordinary...more

Delaware Court Limits Former Directors' Access to Privileged Information

Delaware’s Chancery Court recently blocked two former directors from obtaining privileged communications between a corporation and its counsel in the context of the former directors’ pursuit of personal claims against the...more

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