The Delaware Court of Chancery, in FP UC Holdings, LLC, et al. v. James W. Hamilton, Jr., et al., C.A. No. 2019-1029-JRS, memo. op. (Del. Ch. Mar. 27, 2020), finds that a covenant not to compete governed by Alabama law is likely void under state policy of both Alabama and Delaware.

Faegre Drinker discusses the decision in Delaware Chancery Court Declines to Blue-Pencil Overly Broad Noncompete Agreement; Casts Doubt on Choice of Law Provisions.