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In Kodiak Building Partners, LLC v. Adams, 2022 Del. Ch. LEXIS 288 (October 6, 2022) (Kodiak), the Court of Chancery denied the plaintiff’s motion for a preliminary injunction to...
The Delaware Court of Chancery (the Court) has raised eyebrows with a recent decision, in the case of Kodiak Building Partners, LLC v. Adams, to strike down a noncompetition covenant...
Kodiak Building Partners, LLC v. Philip D. Adams, C.A. No., the Delaware Court of Chancery found that a restrictive covenant entered into in connection with an asset purchase agreement was unenforceable.
M&A attorneys representing buyers, and their private equity and strategic clients, have long felt comfortable that the courts would uphold restrictive covenants in an acquisition. Even...
M&A attorneys representing buyers, and their private equity and strategic clients, have long felt comfortable that the courts would uphold…