It’s every lawyer’s go-to answer for pretty much every yes or no question: “It depends.”

“It depends” is also the most concise way to describe Delaware’s evolving stance on the enforceability of noncompetes at a time when the topic is getting a lot of attention nationally and some states are passing legislation to mark themselves as categorically for or against trade restrictions in employment contracts.

Delaware courts don’t rubber-stamp noncompetes, but they also don’t have a ban on them like the ones that a handful of other states have enacted through legislation and that the FTC floated before abandoning the effort last year.

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