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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

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