A restrictive covenant is often part of an employment agreement that restricts the employee’s actions after leaving employment. They typically prohibit the employee from competing in particular markets for a period of time after leaving the employer, but may also keep the employee from soliciting the company’s customers or even employees after leaving. They are, […]
Major Fraud (And “Broken Windows”) Alert This week has brought more aggressive securities law enforcement from the Justice Department and the SEC, as well as notable press on these developments in both professional blogs and newspapers of general circulation. What seems particularly striking to us is the SEC Enforcement Division’s continuing push to “do it […]
Companies like to reward their best customers with discounts. It happens everywhere from the local sandwich shop to markets for medical devices, pharmaceutical products, airline tickets, computers, consumer products, and many other products and services. Customers like loyalty-discount programs (or rebates) because they get more for less. And the reason so many companies offer them […]
As part of ongoing efforts to revamp New York’s Commercial Division, a slew of new rules and guidelines recently took effect on September 2, 2014. Below are summaries of five new rules and guidelines that practitioners should know. 1. Getting into the Commercial Division An amendment to 22 NYCRR § 202.70(d) encourages the early assignment of […]
The Second Circuit recently issued two decisions that define the scope of whistleblower protection under Sarbanes-Oxley and Dodd-Frank. In Nielsen v. AECOM Technology Corp., No. 13-235-cv (2d Cir. Aug. 8, 2014), the court adopted a new standard for whether an alleged whistleblower employee is engaged in protected activity under Sarbanes-Oxley. In Meng-Lin v. Siemens AG, […]
Litigators are busy by nature. As trials approach, time disappears. Motions are an essential aspect of any case, not mere speed bumps on the road to trial. A well-written dispositive motion can eliminate the need for trial altogether, and a convincing motion in limine can make or break a trial when addressing key evidence or […]
The United States District Court for the Eastern District of Louisiana entered an Order, dismissing on the pleadings a billion dollar RICO claim against certain underwriters at Lloyd’s, London arising out of a Hurricane Katrina Business Interruption Claim. Lee, Futrell & Perles was a part of the team defending the interested underwriters. To read the […]
Peter Thiel wrote a provocatively titled article “Competition is for Losers” in the Review section of last weekend’s Wall Street Journal. It is a great article. And his discussion is not only a good antitrust and competition primer—without the jargon—but is also absolutely accurate. Of course, you have to read beyond the headline, which is, like most […]
When you think about antitrust cases, you usually consider the question—often framed at the motion to dismiss stage as a Twombly inquiry—whether the defendants actually engaged in an antitrust conspiracy. But, sometimes, the question is whether the defendants are actually capable of conspiring together. et’s say you want to sue a corporation under the antitrust laws, but can’t find […]
International Referral, the world’s largest exclusive network of advisory firms is delighted to introduce Gary Birnberg of Global Resolution. Gary has joined IR as our exclusive Commercial Mediation member in Florida. Gary is an international, multilingual mediator and negotiator in broad range of commercial cases, including high value, complex, cross-boarder disputes and transactions. Strategically, Global Resolution […]
Have you ever wondered how much it would cost you to litigate an antitrust case in the United States, with its wide-ranging discovery and multiple stages for dispositive motions? The answer, of course, varies depending upon the case and how far along you go before you either settle or the case is dismissed. But I […]
Almost 25 years ago the Supreme Court held that in-state personal service on an individual is enough to hold that individual subject to the general jurisdiction of the state. But does in-state personal service of a corporate executive create general jurisdiction over a corporation? The Ninth Circuit held in Martinez v. Aero Caribbean, No. 12-16043, […]