Legal Question in Business Law in United Kingdom

non-compete

We need an agreement that keeps our equipment supplier (in UK) from directly soliciting a company we are introducing to them (in Italy) that may invest in our company. It's basically a non-compete agreement for specific companies that we identify ahead of time.


Asked on 5/15/07, 1:47 pm

4 Answers from Attorneys

Bryan Becker Stutz Artiano Shinoff & Holtz

Re: non-compete

I would be happy to work with you to draft such an agreement as it sounds as though you would be much better off working with an attorney one-on-one, rather than using a "form" agreement. Feel free to contact me to discuss.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

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Answered on 5/15/07, 1:59 pm
Brian Kinder The Kinder Law Group

Re: non-compete

This is by no means a simple document. There are parties involved from at least three separate countries - all of which have different laws pertaining to unfair competition and what constitutes enforceable contract language.

You can probably get some boiler plate document that you could waive around in the event of a dispute. However, if you want something that will be truly enforceable, you are going to need to have the document drafted by U.S. counsel and then reviewed by associated foreign counsel in the relevant countries. Obviously your goal is to bind the parties to U.S. law and have any disputes heard here. But even if you get a judgment, you want to make sure that it will have teeth in any of the relevant foreign countries.

Obviously, this will cost some money to do right, but it is up to you as to importance and whether it is worth spending the money.

If you need further input, please feel free to contact me.

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Answered on 5/15/07, 2:05 pm
Gregg Gittler GITTLER & BRADFORD

Re: non-compete

To do a complete job of drafting the non-compete agreement, we would have to sit down with you to learn the nature of your business and that of your supplier, and the nature of the competition you are trying to restrict. Also, given that your remedy for any breach would be either injunctive relief and/or money damages, we would have to know more about the nature of your supplier and the location of (a) potential competing markets [for injunctive relief] and (b) the supplier's assets [for money damage claims]. These are important considerations for the choice of law and choice of forum provisions. [Ideally, your supplier will agree to California law and jurisdiction.]

Feel free to call us to discuss this.

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Answered on 5/15/07, 4:16 pm
Johm Smith tom's

Re: non-compete

You definitely need an attorney to draft a contract for your particular needs. We can give you a free referral to an attorney in GB a Italy. Or our CA attorney can work with you.

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Answered on 5/15/07, 4:46 pm


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