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Employees Delaware

Ballard Spahr LLP

Delaware Supreme Court Broadens Utility of Noncompete Enforcement Tool

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In a recent en banc decision, Delaware’s Supreme Court upheld a key tool available to employers to enforce forfeiture-for-competition provisions against former employees. Delaware’s Chancery Court has shown an increasing...more

Proskauer - Trade Secrets

Seventh Circuit Decision Highlights Distinction Between Traditional Non-Compete and Forfeiture-for-Competition

A recent decision by the U.S. Court of Appeals for the Seventh Circuit allowed an employer to enforce a “forfeiture-for-competition” against a former plant manager. The Court explained that, under Delaware law, forfeiture-for...more

Hogan Lovells

Gilbert v. Unisys: The Court of Chancery grants advancement to unelected officers

Hogan Lovells on

In Gilbert v. Unisys Corp., the Delaware Court of Chancery held that two former employees with the title of Vice President were entitled to advancement of litigation expenses brought by the corporation, despite the fact that...more

Foley & Lardner LLP

Complying With Recent Guidance From Delaware Courts Regarding Enforcement of Noncompetes

Foley & Lardner LLP on

In line with the national trend making noncompetes more difficult to enforce, a number of Delaware courts have recently refused to “blue pencil” overbroad noncompetition agreements and have stricken them in their entirety. As...more

A&O Shearman

Delaware ruling supports enforceability of forfeiture-for-competition provisions

A&O Shearman on

On December 18, 2024, the Delaware Supreme Court (the “Court”) held in LKQ Corp. v. Rutledge that forfeiture-for-competition provisions in employee equity award agreements are enforceable in certain contexts. This article...more

Littler

Delaware Issues its WARN Act Regulations

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Five years after enacting its Worker Adjustment and Retraining Notification (WARN) Act, Delaware has issued its first set of WARN Act regulations. The regulations generally mirror federal WARN Act regulations, but there are...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Littler

Delaware Issues First Round of Regulations Interpreting the Healthy Delaware Families Act

Littler on

Last year, Delaware enacted the Healthy Delaware Families Act (HDFA), adding Delaware to an expanding list of jurisdictions with a paid family and medical leave (PFML) requirement. The PFML program is not yet live, and the...more

Baker Donelson

Delaware Becomes the 11th State to Enact Paid Family Leave

Baker Donelson on

Following in Maryland's footsteps, on May 10, 2022, Delaware Governor Carney signed S.B. 1 known as the Healthy Delaware Families Act, which takes effect on July 1, 2022. In brief, the Act establishes a Family and Medical...more

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