An employer may be able to require specific performance of a confidentiality agreement after the resignation of an employee and after the dissolution of the entity making the contract, the Delaware Court of Chancery has said.
Writing in a memorandum opinion in UtiliSave v. Miele, Vice Chancellor Donald F. Parsons Jr. said a former executive with an auditing firm did not carry her burden of showing her duty of confidentiality expired when she resigned her position. He also said UtiliSave could possibly show the agreement applied to Donna C. Miele even after a court-ordered termination of the limited liability company.
