In a bombshell ruling last year that upended longstanding Delaware law, the Delaware Chancery Court ruled in Ainslie v. Cantor Fitzgerald, L.P., 2023 WL 106924 (Del. Ch. Jan. 4, 2023), that forfeiture-for-competition clauses, under which departing employees must forfeit certain long-term incentive compensation if they join a competitor, are akin to post-employment noncompetes and other restraints of trade. As a result, the Chancery Court determined these forfeiture provisions should be analyzed under a reasonableness standard rather than the employee choice doctrine ...
Senators Chris Murphy (D-CT) and Todd Young (R-IN) introduced legislation on February 1, 2023 entitled the Workforce Mobility Act (the “Act”). This bill has been introduced previously, but never made it out of committee.
Blog Editors
Recent Updates
- Washington State Seeks to Broaden the Definition of “Noncompetition” and Ban Most Noncompetes
- Preparing for Non-Compete Litigation: 2025 Update
- Spilling Secrets Podcast: Trade Secret Litigation - Lessons from High-Stakes Group Exits
- New York State Proposes Bill That Would Place Restrictions on Noncompetes and Other Restrictive Covenants
- Spilling Secrets Podcast: 2024’s Biggest Trade Secrets and Non-Compete Developments