Delaware Supreme Court Affirms That Unreasonable Restrictive Covenants Are Not Enforceable, Regardless Of The Remedy Sought

On February 10, 2026, the Delaware Supreme Court, sitting en banc, affirmed a ruling by the Delaware Court of Chancery that restrictive covenants in employment agreements are subject to a reasonableness analysis regardless of whether a plaintiff seeks injunctive relief or monetary damages and granted summary judgment in favor of defendants. Fortiline, Inc. v. McCall, No. 300, 2025, 2026 WL 369934 (Del. Feb. 10, 2026).... By: A&O Shearman