Kutak Rock attorneys Danielle Wolf and Andrew Shedlock recently were featured in Bloomberg Law discussing evolving judicial scrutiny of noncompete agreements in Delaware and what recent court decisions mean for employers, departing employees and their counsel.

In the article, “Delaware’s Rising Noncompete Scrutiny Offers Litigation Road Map,” Danielle and Andrew examine a series of 2026 Delaware court rulings that signal a more exacting approach to restrictive covenants. They note that courts are increasingly focused on whether noncompete provisions are narrowly tailored, supported by legitimate business interests and backed by meaningful consideration.

The attorneys explain that recent decisions demonstrate Delaware courts’ growing reluctance to modify overly broad agreements, instead opting in some cases to invalidate them entirely. Their analysis highlights practical considerations for businesses seeking to protect competitive interests, as well as strategic defenses available to employees challenging restrictive covenants.

Read the full article here.

Danielle focuses her practice on complex commercial litigation and intellectual property litigation. She represents both plaintiffs and defendants in a wide array of matters, including commercial and employment disputes, with experience in all phases of complex commercial litigation and discovery.  In addition, Danielle regularly advises business clients on personnel issues, employee handbook policies, best practices, and operations and compliance issues.

Andrew is a seasoned litigator with a specialized focus on representing brokers, Registered Investment Advisors (RIAs), financial planners, Certified Financial Planners® (CFPs®), financial advisors, and other financial institutions and professionals in contested litigation, advisor transitions, arbitrations and investigations. Financial planners and advisors regularly work with Andrew to represent them in their transitions from one firm to another and to start their own firms.