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Employer Liability Issues Delaware

Jenner & Block

Delaware Supreme Court Reaffirms Reluctance to Blue-Pencil Overbroad Restrictive Covenants in Sunder v. Jackson

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The Delaware Supreme Court’s decision in Sunder Energy, LLV v. Jackson, No. 455, 2023, 2024 Del. LEXIS 407 (December 10, 2024) reaffirmed the courts’ limited willingness to modify or “blue-pencil” overbroad restrictive...more

Marshall Dennehey

Delaware Industrial Accident Board Rules Claimant is an Actually Displaced Worker Following Job Search Evaluation

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Frances Carr v. Amazon.com Services, IAB No. 1540462 (Feb. 25, 2025) - In Delaware workers’ compensation cases, claimants who are unable to return to their previous jobs due to injury may contend they are prima facie...more

A&O Shearman

Delaware ruling supports enforceability of forfeiture-for-competition provisions

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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

Proskauer - Employee Benefits & Executive...

“Boomerang” Indemnification/Advancement-Gilbert v. Unisys

Under Delaware law, executives (and former executives) may be entitled to indemnification and advancement from their employer for claims arising in connection with their employment. These rights to indemnification/advancement...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

Sheppard Mullin Richter & Hampton LLP

Delaware Supreme Court Enforces Forfeiture for Competition Provision in Partnership Agreement

In Cantor Fitzgerald, L.P. v. Ainslie, No. 162, 2023, 2024 WL 315193 (Del. Jan. 29, 2024), the Delaware Supreme Court held enforceable a “forfeiture for competition” provision in a limited partnership agreement, upholding...more

Allen Matkins

Will Your Next California Non-Compete Dispute Be Adjudicated In The Delaware Court Of Chancery?

Allen Matkins on

Sunder Energy, LLC recently sought to enforce a non-compete agreement against its former head of sales in the Delaware Court of Chancery.  Sunder Energy, LLC v. Jackson, 2023 WL 8166517.  Vice Chancellor J. Travis Laster...more

Wilson Sonsini Goodrich & Rosati

Sustainability and ESG Advisory Practice Update, July 2023

Environmental Protection Agency (EPA) Completes the Launch of Greenhouse Gas Reduction Fund Opportunities - On July 14, 2023, the EPA announced two notice of funding opportunities for up to $20 billion. Up to $14 billion...more

Littler

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

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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

Jackson Lewis P.C.

Delaware Legalizes Recreational Marijuana

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Delaware became the latest state to legalize recreational marijuana on April 23, 2023 when the state’s Governor failed to veto two bills that allow for the legalization of marijuana, effective immediately. Individuals who...more

Epstein Becker & Green

Delaware’s Paid Family & Medical Leave Program to Commence in 2026

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Governor John Carney recently signed the Healthy Delaware Families Act (the “Act”), which establishes the Delaware Family and Medical Leave Insurance Program (the “Program”) and makes Delaware the 11th state to provide paid...more

Littler

Delaware Joins the Family (Paid Family-Medical Leave, That Is)

Littler on

On May 10, 2022, Governor John Carney signed into law the Healthy Delaware Families Act, adding Delaware to an expanding list of jurisdictions with a paid family and/or medical leave (PFML) requirement. The law creates a...more

Proskauer - Law and the Workplace

Delaware Becomes Latest State to Institute Paid Family and Medical Leave

On May 10, 2022, Delaware Governor John Carey signed into law a bill that will require private employers with ten or more employees in Delaware to provide up to 12 weeks of paid family and medical leave beginning in January...more

Stevens & Lee

Delaware Requiring Paid Family and Medical Leave by 2026

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On May 10, 2022, Governor Carney signed the Healthy Delaware Families Act (“HDFA)” making Delaware the eleventh state that will require employers to provide paid family and medical leave.  While the law will take effect on...more

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