Non-compliance With License Agreement

Homesteader Enterprises v. Jonathan Brickman, Brickman Publishing Corp. and Community Magazines, LLC, Middlesex Superior Court, C.A. No 2008-02475. This matter arises out of a dispute between a two publishers, Jonathan Brickman, Individually, Brickman Publishing Corp., and Community Magazines, LLC (collectively, “Defendant”) and Homesteader Enterprises, Inc. (hereinafter, “Plaintiff”) regarding the parties’ performance under certain License Agreements and other subsequent agreements. Plaintiff alleged Defendant’s non-compliance with obligations arising out of the License Agreements and subsequent agreements and, in particular, the non-competition agreement and prior settlement agreement. The Plaintiff was seeking in excess of $500,000 in damages. G & P represented Defendant in the arbitration, which took five (5) days. Key issues in the case were enforceability of non-competition agreements and restrictive covenants. The non-competition agreements were effectively held unenforceable. The Plaintiff filed a Motion for Reconsideration with the Arbitrator which was denied. The Plaintiff subsequently filed a Motion to Vacate and/or Modify the Arbitration Award with the Middlesex Superior Court, which Motion was denied and the court confirmed the arbitration award.

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