New York Supreme Court judge weighs in ahead of Jack Nicklaus, Nicklaus Companies trial

, the complaint alleged tortious interference, breach of contract and breach of fiduciary duty while claiming Nicklaus was paid $145 million in 2007 to provide exclusive services and property to the Nicklaus Companies.

One breach of contract mentioned in the suit was Nicklaus’ negotiations with the Saudi Arabia Public Investment Fund and the $100 million offer from LIV Golf to be its CEO.However, a New York Supreme Court judge, Justice Joel M. Cohen, weighed in this week with the following ruling until these matters are resolved at a full trial, possibly in 2023 :

it is further ORDERED that Plaintiff’s motion for a preliminary injunction is otherwise DENIED, including but not limited to the extent that it sought to enforce against Defendants any noncompete and non-solicitation provisions contained in the PSA, the Amended and Restated Limited Liability Company Agreement and Non-Competition Agreement ; for the avoidance of doubt, Defendants are free from contractual restrictions on competition and solicitation with respect to the Company other than the...

“It is also important to understand that while the court declined to issue a preliminary injunction as to whether Mr. Nicklaus can compete with Nicklaus Companies in designing golf courses, this is only pending a full trial to determine whether or not he has that right. Plus, any such design work would be subject to the court’s limitations on any use of the Nicklaus Companies’ intellectual property — or any use of Mr. Nickalus’ name, image and likeness — to endorse the golf course.

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