MFA, along with the U.S. Chamber of Commerce, the Delaware Chamber of Commerce, and SIFMA, filed a joint amicus brief to the Delaware Supreme Court in support of the appellant’s position in Cantor Fitzgerald, L.P. v. Ainslie (Del.).
The associations offered recommendations for the Court’s considerations:
- When the Court evaluates the conditional payment provision in the limited partnership agreement, it should acknowledge the importance of the business interests safeguarded by such provisions.
- The Court should acknowledge the distinct advantages that forfeiture-for-competition agreements offer to both employers and employees.
- Forfeiture-for-competition provisions are most relevant when high-earning professionals, like the plaintiffs in this case, willingly accept them as a prerequisite for their employment and compensation.