Legal Question in Business Law in Maryland

business and divorce

My wife and I started a corporation nearly 10 years ago. Three years ago we went through a bitter divorce. At that time I agreed to sign the business over to my wife. For doing this she accepted all debt associated with the company. I signed an agreement saying that I would never use the company's name for financial gain. I also agreed that I would not do anything directly to hurt the company. However, I refused to sign a noncompete form. Last year I started a company that provides the same services. On my website I have a disclaimer stating that I am no longer affiliated with the previous company and do not participate or endorse their practices/procedures. Also, my wife and I were on numerous talk shows (Oprah Winfrey, Gordon Elliot, etc.) and numerous publications (People, Entrepreneur, etc). I have these appearances on my website as part of my resume. My wife also has these appearances on her website as part of her experience. A few days ago my wife's attorney sent me a letter asking that I remove the disclaimer and the references to the talk shows and publications. He states that the disclaimer states my wife's company name and the talk shows were interviewing the company, not me. Legally, is she correct?


Asked on 9/07/04, 1:11 pm

3 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: business and divorce

As for the disclaimer, they are probably right (particularly given how search engines work), and if they want it off your site, you should probably remove it. As for the talk shows, that would depend on the facts. You need to discuss these issues with an attorney who can review the whole situation and advise.

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Answered on 9/07/04, 1:16 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: business and divorce

It all depends upon the language of the separation agreement, the

disclaimer, and the basis being asserted by your ex-wife's attorney.

As in many cases, the details are of utmost importance. The effect may not be the same for each issue (i.e., the disclaimer and reference to

talk show appearances). You should contact an attorney for a review of the matter. I can be reached at (410) 799-9002 or by return e-mail at [email protected]

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Answered on 9/07/04, 2:20 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: business and divorce

In order to properly respond to your inquiry, it is necessary for you to consult with an attorney in person. The attorney should be given an opportunity to review the agreement with your ex-wife, the recent letter from your ex-wife's attorney, and all other relevant documentation.

In general, there should be no objection if you want to publish a "disclaimer". However, the problem may be that your "disclaimer" does not simply indicate you are no longer involved with the previous company; you also indicate that your "disclaimer" states that you do not "endorse their practices/procedures." Clearly, this latter statement may be seen by your wife's attorney as an insinuation that there is something inappropriate about your ex-wife's current company's "practices and procedures."

It is unclear what the objection may be to your referencing talk show appearances in your disclaimer.

Context is everything, and unfortunately without access to the actual source materials involved, it is impossible to determine the reason for the objection.

If your "disclaimer" states that you were not interviewed, personally, when you actually were interviewed--even in a corporate capacity--then your disclaimer MAY be factually incorrect. However, again, without seeing the disclaimer itself, the attorney's letter, or related materials, it is impossible to determine what the objection actually is all about.

However, I can tell you that if your ex-wife is claiming, or may claim, that the form or contents of your "disclaimer" is unfairly impairing the value of her business--as I would imagine she is, or will, claim--then you need to have an in-person consultation with an attorney at once, to determine your legal rights, obligations, and options.

If you wish to consult with me about the possibility of retaining my services, I can be contacted at:

[email protected] or [email protected]

Phone: 973-605-8995

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Answered on 9/07/04, 3:21 pm


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