In Sunder Energy, LLC v. Tyler Jackson, (Del.; 12/24), the Delaware Supreme Court addressed a plaintiff’s argument that the Chancery Court erred in refusing to blue pencil a non-compete agreement that the Court found to be impermissibly overbroad. The Supreme Court upheld the Chancery Court’s decision, and in doing so shed some light on the circumstances […]

Non-Competes: When Will Delaware Courts “Blue Pencil” Unenforceable Covenants?