Law360, New York ( February 12, 2015, 11:15 AM EST) -- On Jan. 28, 2015, the Delaware Chancery Court declined to follow an explicit Delaware choice of law provision, denying a Delaware limited liability company's request for preliminary injunctive relief to enforce a noncompete provision against a California resident and former employee. See Ascension Insurance Holdings LLC v. Underwood. This case serves as a reminder that a non-California choice of law provision is not a guarantee that a noncompetition covenant that would be void under California law will be enforced, even by non-California courts, and has particular implications for employers seeking noncompete agreements against California employees....
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