In NuVasive v. Lanx, Inc., No. 7266-VCG (Del. Ch. Oct. 12, 2012), the Delaware Court of Chancery granted a motion to compel discovery in the context of a suit that seeks redress for the defendant company allegedly luring the employees of NuVasive.  NuVasive seeks to compel the identity of NuVasive employees, both past and present, that Lanx has communicated with in the past year about possible employment. The  court also allowed the direct exam on those persons notwithstanding the potential chilling effect on any potential future recruitment of those persons. This ruling will be helpful for anyone attempting to enforce a covenant not to compete, sometimes referred to as a non-competition agreement, or when a company seeks to restrict employees from going to work for a competitor.

A prior Chancery decision that provides more background was highlighted on these pages here.