April 20, 2018

April 3, 2018: LWS has successfully persuaded the Oklahoma Supreme Court to do something that no other Oklahoma appellate court has ever done, affirm a trial court’s application of non-Oklahoma law to the determination of the validity of a noncompete entered by Oklahoma residents in connection with the sale of a business.  LWS’s clients, BFN Properties LLC and BFN Operations LLC purchased the nationwide wholesale-nursery business of two Oklahoma residents.  The documents of sale included a noncompete that BFN successfully enforced against the sellers after a week-long trial handled by LWS’s Tom Lillard and Bob Wise.  On appeal, the Oklahoma Supreme Court affirmed the trial court’s holdings that (1) the noncompete was valid under Texas law and breached by the sellers, (2) injunctive relief was warranted, and (3) a company owned by the sellers tortiously interfered with the noncompete.  Also, significant, the Court, after pointing out that the evidence at trial showed that BFN suffered more than $8.2 million dollars in damages from the breach of, and interference with, the noncompete, remanded the case to the trial court for a determination of actual and punitive damages.  LWS’ Bob Wise was BFN’s lead attorney on appeal and argued the case on BFN’s behalf before the Oklahoma Supreme Court.  See Berry & Berry Acquisitions, LLC v. BFN Props. LLC, 2018 OK 27, ___ P.3d ___ (2018)