Forfeiture-for-Competition

By Michael Wexler and Marcus Mintz 

Seyfarth Synopsis: Delaware has long been favored by businesses for many reasons, including its courts’ deference to parties’ ability to contract. Recently, however, the Delaware Chancery Court was seemingly less deferential to restrictive covenant agreements in circumstances outside of the traditional employment agreement context.

In Cantor Fitzgerald, L.P. v. Ainslie, the

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