On July 5, 2023, WLF asked the Delaware Supreme Court to reverse a Chancery Court decision that invalidated part of a routine partnership agreement on public policy grounds. The appeal arises from a suit by former partners of Cantor Fitzgerald over their partnership agreement that contained a “forfeiture for competition” (FFC) provision. In its amicus brief urging reversal, WLF argues that the Chancery Court’s holding is at odds with Delaware law’s strong preference for freedom of contract. WLF also highlights the many salutary purposes served by FFC provisions—namely, that they enable employers to offer generous benefits to employees and can ensure corporate stock grants do not go to waste. WLF’s brief was prepared and filed with assistance from Kenneth Gage and Daniel Richards of Paul Hastings LLP and Michael Vild and David Holmes of Cross & Simon LLP.


WLF amicus brief