The United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) recently ruled that the National Labor Relations Board (NLRB) exceeded its authority when it issued its decision in Cemex Construction Materials Pacific LLC. As a result, at least within the Sixth Circuit’s jurisdiction (Tennessee, Kentucky, Ohio, and Michigan), the Cemex decision has been invalidated, and its onerous remedies will not be available for the NLRB to impose upon employers in those states.Continue Reading Federal Appeals Court Invalidates NLRB’s Cemex Standard
March 2026
Delaware Supreme Court Reverses Court of Chancery, Affirming that Forfeited Equity Remains Valid Consideration for Non-Competes
On February 3, the Delaware Supreme Court issued a critical decision for private equity (PE) sponsors and institutional employers in North American Fire Ultimate Holdings LP v. Doorly. The court clarified that restrictive covenants—specifically non-competes tied to equity grants—remain enforceable even if the equity is later forfeited due to an employee’s misconduct.Continue Reading Delaware Supreme Court Reverses Court of Chancery, Affirming that Forfeited Equity Remains Valid Consideration for Non-Competes