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The company can invoke statements made in legal filings by the ex-employee to trigger the provisions in a nondisparagement clause he signed, a Delaware judge said. Although the litigation privilege would have shielded the executive from direct liability for bringing a lawsuit, owning a piece of the company he disparaged involves a different set of concerns, the judge found.
“The specter of potentially chilling litigation by enforcing the repurchase option is far weaker,” Judge ...
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