Delaware Legal Intel - 2026-05-22 | Axiom Synapse

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Welcome to your daily briefing on legal developments in Delaware. Today we're covering 4 key stories including updates on germany legal headlines, background & context. Let's dive in.

Germany Legal Headlines

1 story

1.1

Delaware County Bar Association Honors LASP Attorney Kimberly Hollenback with Illumination Award.

Kimberly Hollenback, VOCA Supervising Attorney and Media Office Managing Attorney for Legal Aid of Southeastern Pennsylvania, received an Illumination Award at the Delaware County Bar Association President's Dinner held January 17, 2025.

Why It Matters

Recognition of legal aid leadership in neighboring Pennsylvania highlights the regional network of pro bono and access-to-justice efforts that DE legal professionals may collaborate with or draw inspiration from.

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Background & Context

3 stories

2.1

Fee-shifting statutes most lawyers forget exist.

Beyond civil-rights and consumer-protection statutes, many DE jurisdictions have fee-shifting provisions in landlord-tenant, mechanics' lien, insurance bad-faith, and construction-defect contexts. Pleading the fee-shifting statute in the complaint is typically required to preserve the right to recover.

Why It Matters

A fee-shifting case has fundamentally different settlement dynamics than a non-fee case, especially in low-damages disputes where fees can dwarf the underlying claim.

2.2

Why your non-compete clause may be unenforceable in DE.

Enforceability of employee non-competes varies dramatically by state and is trending toward narrower enforcement nationally. Common defects include geographic scope broader than the employer's actual market, duration longer than necessary to protect a legitimate interest, and lack of consideration beyond continued employment.

Why It Matters

An overbroad non-compete is often unenforceable in its entirety, not just blue-penciled down — meaning the employer gets no protection at all. A narrower, defensible clause protects more than an aspirational one.

2.3

The CLE-credit traps that produce non-compliance findings.

Most non-compliance findings stem from three avoidable mistakes: claiming credit for the wrong reporting period, missing the ethics-credit minimum, and failing to retain proof of attendance for the audit lookback window (typically 5 years). State bar audits are random but increasing in frequency.

Why It Matters

A CLE non-compliance finding is a public record in many states and triggers an administrative suspension that requires reinstatement application. Reinstatement is slower than initial admission in some jurisdictions.