What to Do When a Partner Leaves? Non-competition for Departing Owners



  • Available Until 10/22/2021
  • Next Class Time 1:00 PM ET
  • Duration 60 min.
  • Format MP3 Download
  • MCLE Credits 1 hour(s)

Course Price: $79.00


In closely held companies, its partners are the keys to its success. They build, maintain and have access to key customer or client relationships, understand how services are delivered or products made, and have privileged access to the “know how” that makes the company a success.  They are at once both the keys to success and the greatest threats to the company should one or several of the partners leave the company and decide to compete with their former partners. The challenge is devising a series of enforceable protections to guard against this risk. This program will provide you with a guide to designing and drafting business and employment agreements and policies to protect closely held companies from unfair competition from departing partners.  

  • Business law and employment law techniques to protect closely held companies from unfair competition from departed partners
  • Incorporating protections in stockholders’, LLC members’ and operating agreements
  • Use of the organizational opportunity doctrine and implied common law duties to protect a company
  • Agreements to protect a company’s buyer from competition from the company’s sellers
  • Differences among non-competition, non-solicitation and non-disparagement agreements
  • Tailoring non-competition agreements with individuals to enhance enforceability



Shannon M. Bell is a member with Kelly & Walker, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.