Holloway Law Knowledge Center

Published January 5, 2023 • Written by Dave Holloway

This week, the Federal Trade Commission (FTC) proposed a sweeping ban on non-compete clauses in employment contracts across the United States.

Non-compete clauses are a common component in many employment agreements. In the simplest terms, a non-compete clause prohibits an employee from leaving their current company and working in the same industry (and geographic area) for some specified period of time. These clauses can make career mobility incredibly difficult for workers seeking better opportunities.

In support of the proposed ban, the FTC points to research indicating that non-competes suppress wage growth, as one of the most reliable ways to secure a raise is by moving to a competitor. The Commission projects that eliminating non-competes could increase national wages by nearly $300 billion annually and expand job opportunities for approximately 30 million American workers.

In practice, litigating non-compete covenants can be grueling. Under Delaware and federal law, courts scrutinize non-competes for "reasonableness" with respect to both duration (e.g., number of years) and geographic scope (e.g., radius of restricted competition).

On a personal level, individual employees rarely have the financial resources to compete with large corporations in protracted litigation, giving employers substantial leverage. If you have a non-compete clause in your employment contract and need to understand your rights, contact Dave Holloway today for an in-depth contract evaluation.

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Published November 14, 2022 • Written by Michael DegliObizzi (Published by Dave Holloway)

The Wednesday night before Thanksgiving ("Thanksgiving Eve" or "Blackout Wednesday") is widely recognized as one of the heaviest drinking nights of the year. Friends and family gather for the holidays, and people let loose knowing an extended weekend lies ahead. Your holiday weekend can quickly take a disastrous turn, however, if you decide to get behind the wheel while intoxicated. Keep in mind that driving under the influence of cannabis, edible THC, or vape cartridges is prosecuted under the exact same DUI statute.

The Harsh Penalties of a First-Offense DUI in Delaware

A conviction for a first-offense DUI carries severe statutory consequences:

• Up to 1 full year of imprisonment
• Statutory fines between $500 and $1,500
• Mandatory driver's license suspension for a minimum of 1 year
• Mandatory alcohol evaluation and completion of an approved rehabilitation or course of instruction program

Beyond legal penalties, there are substantial hidden collateral costs: court assessments, probation supervision fees, Ignition Interlock Device (IID) lease and maintenance costs, steep auto insurance rate hikes, potential job loss, and a permanent criminal record. Second offenses trigger mandatory minimum jail sentences, and third offenses in Delaware constitute felony crimes.

The Urgent 15-Day DMV Rule

Upon arrest, the officer issues a temporary paper permit valid for only 15 calendar days. After 15 days, that temporary permit expires and your driver’s license is automatically revoked. You must formally request an administrative DMV hearing before that deadline to fight revocation while your criminal court case proceeds.

The Three Theories of DUI Prosecution

• 1. Per Se BAC: Blood Alcohol Concentration of .08% or higher, proven through Intoxilyzer breath testing or certified hospital blood draw.
• 2. Per Se Drug Presence: Any detectable trace of an illicit or recreational drug in your bloodstream.
• 3. Impairment Theory: Evidence that alcohol or drugs diminished mental or physical faculties to exercise clear judgment, physical control, or due care, documented through officer observations and Standardized Field Sobriety Tests (SFSTs).

Remember: anything you say or do during your interaction with law enforcement can and will be used against you. If you or someone you know has been charged with DUI, call Michael DegliObizzi immediately.

Call Michael Direct: (302) 285-9486

Published November 8, 2022 • Written by Dave Holloway

Holloway Law is proud to announce that attorneys Dave Holloway and Michael DegliObizzi were both voted as 2022 "Top Attorneys" by Delaware Today magazine.

Dave was voted as one of the Best Business Attorneys in the State of Delaware for the second time in three years, reflecting the firm's dedication to assisting entrepreneurs, founders, and established Delaware companies with practical corporate counsel and contract litigation.

Michael DegliObizzi was selected as one of the Top Criminal Defense Attorneys in the State for the third consecutive year (and went on to earn this distinction again in 2023, along with The National Trial Lawyers "Top 40 Under 40" in 2024). This honor underscores Michael’s peer-voted courtroom excellence, trial advocacy record, and tireless defense of client constitutional rights across Delaware courts.

We thank our peers across the Delaware legal community for their continued trust and recognition.

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Published September 27, 2022 • Written by Dave Holloway

Holloway Law Managing Partner Dave Holloway frequently presents to entrepreneurs and small business forums regarding legal missteps that jeopardize growing companies. Drawing from his presentation series, "As Dangerous as 1-2-3: Legal Mistakes Small Businesses Can't Afford to Make," here are the critical issues every founder must address:

• 1. Failing to Choose the Proper Legal Entity: Operating without formal incorporation or choosing an improper entity structure exposes your personal bank accounts, vehicles, and home to business liabilities and lawsuits. Choosing properly between an LLC, C-Corporation, or S-Corporation establishes critical liability walls.
• 2. Handshake Deals and Unwritten Understandings: Failing to reduce agreements to written contracts is the single most common cause of commercial litigation. Terms regarding deliverables, payment milestones, dispute resolution, and warranties must be clear.
• 3. Neglecting Operating and Partnership Agreements: When two or more people start a business, optimism is high. Without a comprehensive operating agreement addressing buyout formulas, voting deadlocks, and "business divorce," partner disputes can paralyze or dissolve the company.
• 4. Ignoring Intellectual Property Rights Early: Neglecting to secure trademarks, register copyrights for proprietary software, or execute employee Invention Assignment agreements can destroy your valuation during future funding rounds or acquisitions.

Preventative legal counsel is always significantly less expensive than courtroom litigation. Reach out to Holloway Law before legal hurdles threaten your enterprise.

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Published September 13, 2022 • Written by Michael DegliObizzi (Published by Dave Holloway)

When you face a DUI charge, you need a lawyer who knows the law and knows what the State looks for when trying to resolve a case. If you or anyone you know is facing a DUI in Delaware, call, text, or email me as soon as possible to schedule a free 30-minute consultation.

I spent the first seven years of my legal career prosecuting DUI cases on behalf of the State of Delaware; so when it comes to DUIs, I’ve seen it all. As a defense attorney, I know how to protect your rights by challenging the State’s evidence against you and fighting on your behalf for the best possible resolution the law and evidence mandate.

We meticulously examine whether the police officer possessed reasonable suspicion for the traffic stop, whether field sobriety tests were administered strictly in compliance with NHTSA standards, and whether the Intoxilyzer machine was calibrated according to Delaware state regulations.

Do not assume your case is open-and-shut. We examine every detail to protect your record, your driving privileges, and your livelihood.

Schedule Free 30-Min DUI Review