Sunday, February 1, 2015

Hi,My company acts as a subcontractor for an consulting company. We signed a non-sollicitation agreement that prevent us from doing business...

Question

Hi,

My company acts as a subcontractor for an consulting company. We signed a non-sollicitation agreement that prevent us from doing business with customers of the consulting company 12 months after we stopped working with them. There is no compensation to this clause which is mandatory in France where I come from. Is there a way to workaround that and cut the consulting company to go direct ?



Answer

Generally speaking, though such clauses are valid and enforceable, realistically speaking often times such clauses contain loopholes or vagueness that can be used to overcome the restrictions.

The agreement would need to be reviewed to determine any possible loophole. Such review is generally not expensive. Please contact my office directly.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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