Law.com, “Here’s How Noncompetes Are Being Interpreted in Contractarian Delaware,” quotes Kristen Swift, Esq., 3-12-2026

Kaufman Dolowich’s Kristen Swift was quoted in a recent Law.com article examining Delaware’s approach to noncompete agreements.

Ms. Swift, Managing Partner of KD’s Delaware office, said when clients come to her asking to have restrictive covenants drafted in a way that prevents any competition, she has a conversation with them about what’s considered reasonable, because if it’s not reasonable, it won’t be enforceable. 

She notes in the article that, “when you deal with these issues, I think you have to have that conversation with your client about why what they might desire might not work out for them best in the end. It’s always their choice of course. If they think it’s a worthy gamble, and they think maybe one out of a hundred might try to fight it, that’s their business decision to make. But I think it’s still important that you have the conversation.”

Ms. Swift also added that, despite differences among jurisdictions, Delaware courts evaluate restrictive covenants through traditional contract principles, noting, “while Delaware’s approach to restrictive covenants may differ from other jurisdictions’, the tenants behind those provisions all link back to the same fundamentals of contracts. I always think of restrictive covenants as just back to the basics of contract law, because that’s what they are. That’s how they’re going to be interpreted.”  

Subscribers can read the full article here.