Joint Trade Associations Letter to the Delaware Supreme Court regarding Cantor Fitzgerald, L.P. v. Ainslie (Del.)

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.