Much attention deservedly has been
focused on the recent Delaware Chancery and Supreme
Court decisions in the high-profile Vulcan/Martin
Marietta case where the courts found that a “use
restriction” in a confidentiality agreement
(i.e., a provision that limits the recipient’s
“use” of the disclosing party’s confidential information
to a specified purpose) could in certain circumstances
preclude the recipient from later commencing a hostile
offer for a target company even absent an explicit
standstill. Read
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