The Delaware Court of Chancery has a national reputation as the preeminent forum for business disputes. This is, in part, due to the fact that Delaware draws a large number of businesses with its business-friendly laws and tax benefits. The Court of Chancery’s...
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Corporate Litigation
What should I know about injunctive relief in Delaware?
Injunctive relief is a powerful legal remedy. If granted, a request for an injunction will result in a court requirement that the other party stop or take a specific action to reduce the risk of irreparable harm. This legal remedy can prove especially useful in merger...
Recent case shows Court of Chancery has its limits when it comes to noncompete agreements
Recent estimates find 68% of Fortune 500 companies have registered in Delaware. In 2020, over 250,000 new businesses registered in the state. With these numbers, it is no surprise that business leaders refer to Delaware as a corporate paradise. The state’s corporate...
When is business restriction “so repugnant” it excludes choice of Delaware law?
The choice of Delaware law is often favorable for certain business matters, like do not compete covenants and other limitations on business transactions. Businesses will often take advantage of these benefits by having their agreements drafted to apply Delaware law in...
3 key lessons from recent Circuit Court split on 14(a) claims
The Securities and Exchange Commission (SEC) has strict rules about what corporations can and cannot say regarding performance. The SEC has put these rules in place to help protect potential investors. The rules are complex and a failure to follow proper procedure can...
Reducing the risk of lawsuits and investigations
A civil lawsuit or investigation by a government agency can derail a company's goals while diverting precious time and resources from business operations. Business leaders who want to limit their exposure to such problems can help themselves by following a few...
Business valuation: A primer for 2022
Whether looking to sell a business to retire or move forward with other opportunities, one of the first steps is to get an accurate estimate of the business’ worth. This business valuation process is more than just a quick estimation of the business’ worth. It is a...
Two tips to help enforce a noncompete agreement
Noncompete agreements are powerful and important legal tools that help protect a business’ intellectual property. Not all employees will follow the rules of these agreements. As a result, it is not uncommon for these documents to face a challenge. Businesses must...
I was accused of patent infringement. Now what?
Patents are an important part of innovation. Our country takes patent protections so seriously that our founding fathers included this form of legal protection for innovation within the original U.S. Constitution. Even before our founding fathers thought to protect...
Is this the end of non-compete agreements?
When a business shares trade secrets and innovations, and trains valuable members of the organization, it seems reasonable to expect those members to agree to stay with the business, or at least not join a nearby competitor pursuant to a non-compete agreement. These...