In Kodiak Building Partners, LLC v. Adams (“Kodiak”), C.A. No. 2022-0311-MTZ, the Delaware Court of Chancery recently found the restrictive covenants imposed on a stockholder in a business acquisition were overbroad and therefore unenforceable. Historically, Delaware (and most) courts routinely uphold even aggressive non-compete agreements in connection with the sale of a business. However, this decision – an unprecedented departure from this practice – is consistent with the near-national trend to strictly scrutinize restrictive covenants, enforcing only those narrowly […]

Multistate employers often face the difficult task of finding the most effective way to prepare their handbooks while ensuring compliance not only with federal law, but also with the applicable state, local, and even international laws of the jurisdictions in which they operate. As many multistate employers continue to grow and expand their footprints both nationally and internationally, and as remote work becomes more common across industries, this is one of the challenges they […]