Private Equity Digest (December 2023)

In this special edition of the Paul, Weiss Private Equity Digest, we examine Sunder Energy, LLC v. Jackson, in which the Delaware Court of Chancery issued another ruling in a recent series of decisions declining to enforce or modify restrictive covenants in various contexts, including sale-of-business, forfeiture-for-competition, partnerships and employment. The decision provides helpful reminders and considerations for private equity sponsors and others entering into restrictive covenants purporting to be governed by Delaware law.

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