Supreme Judicial Court of Massachusetts
827 N.E.2d 686 (2005)
Dike, Bronstein, Roberts & Cushman LLP (DBRC) (defendant) was a law firm specializing in patent, trademark, and copyright law. DBRC was organized under a partnership agreement. One section of the partnership agreement provided that when a partner left DBRC, he or she had to make payments to DBRC for any work the partner continued to do for current or former DBRC clients. Ronald Eisenstein and David Resnick (plaintiffs) were partners at DBRC. In 1999, Eisenstein and Resnick left DBRC to join a different firm, Peabody & Brown (Peabody). At Peabody, Eisenstein and Resnick worked for present and former DBRC clients. In 2001, Eisenstein and Resnick filed a complaint against DBRC and others seeking payments allegedly due to them under the DBRC partnership agreement, including for their share of profits and a return of capital contributions. DBRC filed a counterclaim for breach of contract and fiduciary duty. Eisenstein and Resnick moved for summary judgment, arguing that the provisions of the partnership agreement requiring payment to DBRC for work done for current or former DBRC clients after a partner left the firm were void and unenforceable under Rule 5.6 of the Massachusetts Rules of Professional Conduct. The trial court granted summary judgment in favor of Eisenstein and Resnick. DBRC appealed.
Rule of Law
Holding and Reasoning (Marshall, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.