Eisenstein v. Conlin

Ronald Eisenstein and David Resnick (plaintiffs), partners at the IP-focused firm Dike, Bronstein, Roberts & Cushman (DBRC) (defendant), left in 1999 to join Peabody & Brown, where they continued working for present and former DBRC clients. DBRC's partnership agreement required departing partners to make payments to DBRC for continuing to serve firm clients after leaving. Eisenstein and Resnick sued for amounts owed to them under the agreement (profit shares and capital contribution returns), and DBRC counterclaimed for breach of contract and fiduciary duty; Eisenstein and Resnick moved for summary judgment, arguing the fee-sharing provisions were void under Rule 5.6 of the Massachusetts Rules of Professional Conduct, and the trial court agreed.