Citing Nebraska’s fundamental public policy, the U.S. Court of Appeals for the Third Circuit recently affirmed a District Court’s refusal to enforce a Delaware choice of law clause in a non-compete agreement signed by a Nebraska employee.
Delaware law is generally favorable to enforcing non-compete restrictions. Hundreds of thousands of new corporate entities (corporations, LLCs, LPs, LLCs, etc.) are created in Delaware every year, and the First State is home to more than two-thirds of the Fortune 500 and 80 percent of all firms that go public.[1] Many of these Delaware ...
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Recent Updates
- Spilling Secrets Podcast: FTC Nixes Non-Competes Nationwide—Now What?
- Q&A on the FTC's Final Rule Banning Post-Employment Non-Competes
- Chamber of Commerce and Others Swiftly File Lawsuits Seeking to Enjoin and Vacate the FTC’s Noncompete Rule
- The FTC Finally Pulls the Trigger on a Final Noncompete Rule, with a Few Changes, but Remains Unlikely to Ever Hit Its Target
- Spilling Secrets Podcast: Navigating Physician Non-Compete Litigation