Chancery Says It Can't Enforce NuVasive Noncompete In Del.
Law360 (August 26, 2019, 8:45 PM EDT) -- A Delaware vice chancellor ruled Monday that noncompete claims medical device company NuVasive Inc. lodged against competitor Alphatec Spine Inc. for hiring one of its former executives can't be enforced in Chancery Court, despite the state's choice-of-law provision, because such noncompete clauses conflict with California law.
In a 17-page memorandum opinion, Vice Chancellor Sam Glasscock III said noncompete and nonsolicitation provisions of a 2016 contract between NuVasive and former executive Patrick Miles, which purported to "import Delaware law into a California employment relationship," cannot be enforced because California's interest in those contractual issues outweighs Delaware's.
"Delaware's interest in freedom of contract...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!