About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

12 Me B. Bull. 1 (1978)

handle is hein.barjournals/mainbabu0012 and id is 1 raw text is: VOL. 12, NO. 1 MAINE STATE BAR ASSOCIATION JANUARY 1978 ANTI-COMPETITIVE COVENANTS Robert E. Hirshon, Esquire The author is a member of the ,Ameri- can, Maine, and Cumberland County Bar Associations and is a member of the Portland law firm of Drummond Wood- sum Plimpton & MacMahon. He received his B.A. andJ.D. degrees from the Univer- sity of Michigan. This article is written in light of the increasing amount of litigation regarding the enforceability of anti- competitive covenants. The first portion of this article discusses the history of anti- competitive covenants within the frame- work of common law cases; the second part focuses on Maine cases. For hundreds of years it has been common practice upon the sale of a busi- ness for the seller to agree as part of the consideration for the sale that he will refrain from competing with the buyer for a specified period of time and within a certain area. Moreover, contracts of employment, as well as partnership agree- ments, often contain the provision that upon termination of the relationship, the employee (or partner) will refrain from competing with his former employer (partners). Covenants of this type come under the general rubric of restraints of trade. They involve such social policy considerations as freedom of contract, - see p. 18 CHIEF JUSTICE McKUSICK TO ADDRESS ANNUAL MEETING Chief Justice Vincent L. McKusick will address the guests attending the Associa- tion's Annual Meeting Dinner Program on Friday e',ening, January 27, 1978 at the Main Street Holiday Inn in Bangor. This will be the Chief Justice's first address to members of the Association since his appointment. Registration for the three day meeting will open at 1:00 P.M. on Thursday, Janu- ary 26. All Annual Meeting activities will be held at the Main Street Holiday Inn which is located at 500 Main Street in Bangor. Friday, January 27 will be devoted to seminars on Tax Considerations in Bankruptcy and Insolvency, the new Maine Non-Profit Corporation Act and the new Maine Administrative Procedure Act as enacted by the 108th Legislature. Saturday morning, January 28 will be de- voted to the Association's Annual Business Meeting which will consider additional amendments to the Code of Professional Responsibility concerning Lawyer Ad- vertising. he MaineState Bar Association' Headquarte rs i which has'been Ilo. cated in the.'Park'Circle Building, 154 State Street, Aujstaforfmany, years will be relocated to 124 State Sret, Au gu stas as of January 31, 1978. The Board 'of. Governors -of the Associ'ation have signed a'five,, year.'renewable_ lease: for 'the, first ,floor of the property whichisone of ;the finer old homes on'State Street .It is aticipated that it will take some time to decorate and furnish the, newl Headquatiers and make iat presenitable, howe'ver, ;all members are urged 'to visit the ne'w H-ead. quarters when they, are in Augusta. Alformal, dedicittion-,will'be held la ter, the-,year The telephone number will: remain, the samne 622- 4525 DOES MAINE HAVE ANY GOLDEN RULES FORTHEARTOF STATUTORY INTERPRETATION? James A. McKenna, III The author obtained his M.S. degree from Boston University, 1970, and aJ.D. from the Georgetown University Law Center, Washington, D.C., 1974. While at Georgetown he was Editor-in-Chief of Res Ipsa Loquitur, the Georgetown Review of Law and the Public Interest. Since 1975 he has been a member of the Office of Legislative Assistants, Augusta, the nonpartisan staff of the Maine Legisla- ture's Standing Committees. He is respon- sible for staffing the Committee on Taxa- tion and the Committee on Labor. Also, with his wife, Jane Orbeton, Esquire, he teaches a practical law course for high school credit in the Augusta adult educa- tion system. Mr. McKenna is not a member of the Bar. It takes a while to realize that what are represented in these vastly different building styles are not social classes, but rather centuries, each style an example of its own age - Istanbul has been a city for twenty-seven centuries - and getting older and more solid (shingle to timber, timber to brick, brick to stone) as you get closer to the Seraglio. - Theroux, The Great Railway Bazaar' Why are our courts so often bewildered by the meaning of statutes? - see p. 22

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most