On October 8, 2024, Bloomberg Law reported on Delaware’s highest court hearing arguments related to the enforcement of forfeiture pacts. The court’s decision will impact what happens with deferred compensation and non-compete agreements. Elsberg Baker & Maruri PLLC partner Jared Ruocco spoke with Bloomberg Law on the matter.
“I could see the court potentially making a distinction based upon the level of seniority of the employee,” Ruocco said. “The justices may also focus on whether the forfeiture mechanism targets prospective compensation, as opposed to clawing back earnings.”
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