Eighty-eight percent: That’s the percentage of employers who already use artificial intelligence-powered applicant screening tools in their hiring processes, according to the World Economic Forum.

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On a scale from California, which passed laws in 2024 strengthening its ban on anticompetitive contracts between employers and employees, to Florida, which last year passed the CHOICE Act to allow blanket enforceability of highly compensated employees' noncompetes within certain parameters, litigators generally place Delaware's likelihood of enforcing noncompetes somewhere in the middle, but leaning more toward enforcement than many other states.

After early injunction wins for Marsh, HSBC and DraftKings, the Gibson Dunn employment litigation partner said the cases keep coming—even as scrutiny of restrictive covenants intensifies.

Companies that have scaled back their DEI initiatives should be prepared...

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