Delaware Business Litigation Report

Court Of Chancery Limits Non-Compete Agreement

Badger Holding LLC v. Kirsch, C.A. 2017-0147-SG (October 1, 2018)

As this decision points out, if a non-compete agreement conditions its enforcement on the employer’s performance of its end of the bargain, then a failure to do so renders the non-compete unenforceable.

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