It’s not uncommon for equity award agreements to say that the recipient will forfeit their awards if they breach non-solicitation, non-competition, and/or confidentiality provisions. Ideally, the very thought of forfeiting their valuable equity deters people from engaging in these behaviors. But not always. And a recent case from the Delaware Court of Chancery held that […]

Court Holds That Equity Forfeiture Made Restrictive Covenants Unenforceable