Kodiak Two Years Later: Is Delaware’s Blue Pencil Turning Red for Non-Competes?

Cooper J. Spinelli, Eric Akira Tate, Andrew R. Turnbull, and Danielle R. Rich wrote this article about the developments in Delaware's non-compete law since the Kodiak Building Partners, LLC v. Adams case. The article highlights the Delaware courts' increasing refusal to enforce or blue pencil overbroad non-competes. The authors also discuss the Delaware Supreme Court's narrow ruling in a case which upheld a forfeiture-for-competition provision, contrasting it with the scrutiny applied to non-competes.

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