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Nov 20, 2024 | 
mondaq.com | Sean M. Brennecke
Contractual covenants not to compete, or
"noncompetes," restrict "a man's natural right
to follow any trade or profession anywhere he pleases and in any
lawful manner."1 Delaware courts "frown
on or disfavor restrictive covenants," particularly in
employment contracts, but such provisions have historically been
enforced.2 While the applicable standard has
remained nominally consistent, recent case law suggests that these
provisions are being scrutinized more closely.
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Nov 1, 2024 | 
businesslawtoday.org | Sean M. Brennecke |Lewis Brisbois |Kevin Liu |Glenn West
CURRENT MONTH (October 2024)Delaware Court of Chancery Approves Use of Technology-Assisted Review in DiscoveryBy Sean M. Brennecke, Lewis BrisboisAs litigators are well aware, electronic discovery can be one of the most burdensome and costly aspects of litigation.
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Oct 31, 2024 | 
businesslawtoday.org | Sean M. Brennecke
Contractual covenants not to compete, or “noncompetes,” restrict “a man’s natural right to follow any trade or profession anywhere he pleases and in any lawful manner.”[1] Delaware courts “frown on or disfavor restrictive covenants,” particularly in employment contracts, but such provisions have historically been enforced.[2] While the applicable standard has remained nominally consistent, recent case law suggests that these provisions are being scrutinized more closely.
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Aug 2, 2024 | 
businesslawtoday.org | Sean M. Brennecke |Lewis Brisbois |Myrna Barakat Friedman |Robert Payne
CURRENT MONTH (July 2024)Delaware Court of Chancery Finds a Restrictive Covenant Overbroad and Denies Preliminary InjunctionBy Sean M. Brennecke, Lewis BrisboisThe Delaware Court of Chancery will only enforce noncompetition provisions when the “contract is clear, reasonable in scope and necessary to the legitimate interests of the employer.” Hub Group, Inc. v. Knoll, 2024 Del. Ch. LEXIS 250, *2 (Del. Ch. July 18, 2024). Vice Chancellor Glasscock’s July 18, 2024, decision in Hub Group, Inc. v.
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Jan 24, 2024 | 
mondaq.com | Francis G.X. Pileggi |Sean M. Brennecke |Aimee M. Czachorowski
Wilmington, Del. (January 18, 2024)- In the
second part of a two-part series, we explore more of the notable
corporate and commercial decisions of Delaware courts in 2023,
including a Court of Chancery ruling that rejected a former Twitter
investor's request for a mootness fee in connection with the
decision of Elon Musk to purchase the social media giant.
In Crispo v. Musk, 2023 Del. Ch. LEXIS 466 (Del. Ch.
Oct.
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Jan 23, 2024 | 
mondaq.com | Francis G.X. Pileggi |Sean M. Brennecke |Aimee M. Czachorowski |Ron Diaz
Wilmington, Del. (January 17, 2024) - Delaware
courts issued many important corporate and commercial decisions in
2023, including rulings by the state high court that clarified the
test for analyzing board actions in the context of contested
director elections, and clarified the limits of judicial equitable
review of LLC agreements.
In the first part of a two-part series, we examine these and
other impactful decisions from last year.
In Coster v. UIP, 300 A.3d 656 (Del.
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Jan 3, 2024 | 
businesslawtoday.org | Sean M. Brennecke |Lewis Brisbois |Leona Yazdidoust |Susan W. Lanham
CURRENT MONTH (December 2023)Delaware Supreme Court Reverses Dismissal in Opioid Case Based on Misapplication of Other Court’s Factual FindingsBy Sean M. Brennecke, Lewis BrisboisFor more than a decade courts and government agencies have been wrangling with the fallout of the opioid crisis, which has gripped this country since the beginning of the twenty-first century.
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Jan 3, 2024 | 
law.com | Francis G.X. Pileggi |Sean M. Brennecke |Rolando Díaz |Andrew J Czerkawski |Katherine Welch |Aimee M. Czachorowski | +2 more
This is the 19th year that Francis Pileggi has published an annual list of key corporate and commercial decisions of the Delaware Supreme Court and the Delaware Court of Chancery, often with co-authors. This year’s list does not attempt to include all important decisions of those courts that were rendered in 2023, and eschews some of the cases already extensively discussed by the mainstream press or legal trade publications.
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Oct 25, 2023 | 
law.com | Sean M. Brennecke
The Delaware Court of Chancery’s post-trial opinion in Gener8 v. Castanon (2023 Del. Ch. LEXIS 380 (Del. Ch. Sept.
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Apr 19, 2023 | 
law.com | Sean M. Brennecke
There are times in the life of an LLC where the relationship between the members or managers becomes so dysfunctional that it is not reasonable to continue the business. The Delaware Limited Liability Company Act recognizes that fact and provides that the Delaware Court of Chancery “may decree dissolution of a limited liability company whenever it is not reasonably practicable to carry on the business in conformity with a limited liability company agreement.” 6 Del. C. Section 18-802.
