Delaware Court Refuses to Enforce or Blue Pencil Sale of Business Non-compete

While courts generally appear to give greater deference to enforcement of sale of business non-competes, at least one Delaware court confirmed that if a court thinks the restrictions go beyond the scope of the business being sold, it may refuse to enforce the non-compete and strike it in its entirety without blue-penciling. A consideration for parties when drafting sale of business non-competes.

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