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EISENSTEIN v. DAVID G. CONLIN, P.C.; NIXON PEABODY, LLP.

444 Mass. 258 (2005)

RONALD EISENSTEIN & another vs. DAVID G. CONLIN, P.C., & others; NIXON PEABODY, LLP, third-party defendant (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

May 16, 2005.

Attorney(s) appearing for the Case

Robert J. Harrington (Robert W. Harrington with him) for David G. Conlin, P.C., & others.

Joseph J. Leghorn for Ronald Eisenstein & another.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

In 1999, Ronald Eisenstein and David Resnick resigned from the law firm Dike, Bronstein, Roberts & Cushman LLP (DBRC) to become partners in another law firm. Several DBRC clients retained them in the new firm. Eisenstein and Resnick, their new firm, and DBRC became embroiled in litigation over those events, resulting in this appeal. At issue is the enforceability of provisions of the DBRC partnership agreement (agreement) that require departing...

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