Legal Question in Business Law in New Jersey

no non-compete

My husband was broight into a business with the understanding that he would be sold this business when the owner retired in 2 years. No contract was ever made, as this was a family member's business. The understanding was that when my husband would buy this business, any accounts he had brought in or developed were ''his part'' of the business and would not be subject to the purchase price.

Fortunately or unfortunately, when the business owner retired he sold this busines to a 3rd party (all behind my husbands back). There was never a non-compete clause signed with the original owner.

The new owners approached my husband to sign a non compete and my husband told them he would never sign anything. Subsequently my husband decided to venture out on his own and he quit. Most, but not all of the accounts followed my husband.

Three years later the original owner is suing the new owners for his own reason. The new owners are counter suing and have dragged my husband into it, because they feel he ''took'' some clients.

There was never a non compete or non solicitation or ANY other document signed wit hEITHER company. How/why can they be dragging my husband into it?


Asked on 6/06/08, 2:10 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: no non-compete

Your husband needs a lawyer, immediately.

Your husband, with your help, will need to fight this nonsense, and that means you need an experienced litigator who can go fight for you in court.

Please call my office if you would like my assistance. I would be happy to speak to you on the telephone, but it will take more than just a brief telephone call to assist you with these issues.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/06/08, 2:15 pm
Richard Wolf Wolf Law Associates LLC

Re: no non-compete

This is a matter in which you will need to engage an experienced corporate litigation attorney. Assuming this is a New Jersey company, I am qualified to serve you in a matter of this nature.

Please find my contact information and profile on my website or feel free to call me directly at the numbers provided.

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Answered on 6/06/08, 3:46 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: no non-compete

Because the system allows them to file the suit. He needs an attorney to crush this right away.

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Answered on 6/06/08, 3:51 pm


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