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Successful Defense Against Claimed Violation of Shareholder Agreement Non-Compete

Result

Successfully opposed Order to Show Cause and application for temporary restraining order and preliminary injunction in litigation dispute between two partners. Although shareholder agreement contained non-compete covenants, they were successfully overcome.

Summary

Action involving dispute between two business partners respecting their accounting firm. The partners were equal fifty percent owners and they possessed a shareholder agreement that contained specific provisions respecting dissolution, non-competition and division of clients. After issues of impropriety and alleged misappropriation of funds and corporate assets our client sought dissolution and the right to proceed with his own accounting firm and to do so free of restrictive covenants and wilt full solicitation of all customers of the accounting firm.

Awarded

We successfully defeated the opposing parties motions for a preliminary injunction that would have precluded our client from servicing certain customers/clients of the firm. Our client was permitted to proceed with the establishment of his new accounting firm.

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

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