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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 […]

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The New Massachusetts Pay Transparency Law: An Executive Employment Lawyer’s Perpective

As an executive employment lawyer focusing on employment agreements and severance arrangements, identifying the sources of my client’s leverage for negotiations is critical. Having access to reliable information on pay can provide valuable leverage, as well as “ammunition” for potential claims of employment discrimination, retaliation, unequal pay, and more. Historically, executive lawyers and advocates have

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