CANTOR FITZGERALD, L.P., A Delaware limited partnership, Defendant Below, Appellant, v. BRAD AINSLIE, JASON BOYER, CHRISTOPHE CORNAIRE, JOHN KIRLEY, ANGELINA KWAN, and REMY SERVANT, Plaintiffs Below, Appellee., 2024 Del. LEXIS 28


Summary

HOLDINGS: [1]-The court reasoned that forfeiture-for-competition provisions of the limited partnership agreement did not restrain trade like traditional non-competes because they did not prohibit competition or deprive the public of services, and the strong public policy favoring freedom of contract required enforcing forfeiture provisions as written in the parties agreement, absent extraordinary circumstances; [2]-The Court noted that the policy concerns underlying reasonableness review of non-competes were not present.