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Monday, June 18, 2007

Totaro, Duffy, Cannova and Company, L.L.C. v. Lane, Middleton & Company, L.L.C.

5-24-07 (A-14-06)

Totaro is entitled to compensatory damages for the loss of
compliance work resulting from the breach of the nonsolicitation
agreement. The loss of compliance work was a foreseeable consequence of Lane’s breach. The record supports only the trial court’s conclusion that each of the clients would have remained a client of plaintiff’s in the first year following Lane’s departure. Therefore, damages should be based