Clickwrap Agreement Found Enforceable

Newell Rubbermaid Ind. v. Storm, C.A. No. 9398-VCN (Del Ch. Mar. 27, 2014).

This decision is blogworthy for its recognition that a non-competition agreement can be enforced against an employee based on an online “click” to signify consent to the terms of the agreement (that was otherwise enforceable as if it were conventionally signed). Known as a clickwrap agreement when one clicks on an icon to express consent, this opinion will make it easier for employers to use “online consent” as a means of binding employees to otherwise valid covenants not to compete.