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.
