Question: Richard H Pettingell and Joseph A Regan withdrew as partners

Richard H. Pettingell and Joseph A. Regan withdrew as partners from the Boston law fi rm of Morrison, Mahoney, & Miller. They brought an action to receive funds that they believed were due to them for voluntarily withdrawing from the firm. Pettingell and Regan left the partnership to establish a new, competing firm. The partnership agreement states that if a partner voluntarily withdraws from the firm and "engages in any activities which are in competition with the then-current activities of the firm, he shall forfeit all of the benefits" that would be received if the employee were to voluntarily withdraw. There was no evidence to indicate that the establishment of the new firm had seriously affected the original firm. Pettingell and Regan disagreed with the forfeiture provision of the partnership agreement. How do you think the court decided?

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  • CreatedOctober 21, 2015
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