Enforceability of Forfeitures-For-Competition and Clawbacks Under Delaware Law
I. Background—Cantor Fitzgerald v. Ainslie The Delaware Supreme Court case, Cantor Fitzgerald v. Ainslie,[1] decided in January 2024, was groundbreaking as to the enforceability of forfeiture-for-competition and clawback provisions in equity and deferred compensation arrangements. Cantor Fitzgerald dealt with a partnership dispute at the investment firm Cantor Fitzgerald, and overruled the Delaware Chancery Court’s decision, leading to the […]
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