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News
In Brief
November 2019 • Vol 6 Issue 8
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Barton LLP was featured in the “Firm Forward: Law Office Innovations” section of the 2019 Super Lawyers New York Metro magazine in an article entitled, “Not BigLaw.” Interviewed by the writer, managing partner Roger Barton outlined the method and successes in breaking free from the BigLaw ways and providing a much-preferred platform for attorneys looking to practice law in alignment with their clients’ objectives. Barton is also excited to announce its list of attorneys selected to Super Lawyers 2019 for the New York Metro Area. The selected attorneys comprise nearly half of the firm’s total attorney roster, with the majority being repeat appointees.
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The Nashville Business Journal highlights the reasons behind Barton’s expansion into Nashville with Marc Dedman at the helm. To read the entire article, click here.
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In a September 23rd article featured on Law.com, Roger Barton was asked how transparency should figure into General Counsels’ decision-making process when hiring outside law firms. Roger recommended that GCs ask detailed questions regarding a law firm’s internal financial organization and structure. He notes that, “A lot can be learned about a firm and whether its interests are aligned with their clients if items such as partner and associate compensation and performance metrics are understood.” To read the full article, click here.
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Meltzer, Lippe, Goldstein & Breitstone, LLP v. James Malfett dba Management Recruiters of Union County, NJ, US District Court Eastern District of New York: Led by partner Randy L. Rasey, Barton’s trial team secured judgment for 100% of the damages claimed by client Management Recruiters of Union County (“MR”) against Melzer Lippe which had engaged it to recruit and place attorneys with the firm.
Meltzer Lippe asked MR to find and place a health care law practice group, and MR found and introduced a group of attorneys from a New Jersey-based health care law boutique firm. But rather than hire the group’s attorneys directly, Meltzer Lippe had one of its New Jersey-admitted partners purchase the shares of their boutique firm (a New Jersey professional corporation) which then continued to operate as an affiliate of Meltzer Lippe. Meltzer Lippe firm refused to pay MR its placement fee, asserting that its acquisition of the practice group was a “business purchase” outside the scope of its contract with MR for attorney placements.
Meltzer Lippe brought a declaratory judgment action in state court seeking judgment that it owed MR nothing for the transaction. MR engaged Barton to represent it in the action and to recover its placement fee. Barton removed the case to federal court in the Eastern District of New York and asserted counterclaims on behalf of MR to recover its placement fee. Randy tried the case in a three-day bench trial before Judge Wexler, who unfortunately passed away before deciding the case. After Judge Wexler’s passing, the case was transferred to Judge Hurley who decided the case based on Judge Wexler’s trial record. In Judge Hurley’s written decision, he found that Randy and the Barton team had successfully proved that Meltzer Lippe’s acquisition of the attorneys introduced by Barton’s client was an attorney placement under the parties’ contract, and that Meltzer Lippe was required to pay the full contractual placement fee, rendering judgment for Barton’s client for more than $500,000 –the full measure of damages sought with prejudgment interest.
Randy and team went on to defend Judge Hurley’s decision before the Second Circuit after Meltzer Lippe appealed the judgment. The Second Circuit affirmed the trial court’s decision and judgment, resulting in a full and complete victory.
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On September 5th, Partner Ken Rashbaum presented at the Commerce and Industry Association of New Jersey (CIANJ) data privacy summit. New Jersey’s largest chamber of commerce, the CIANJ consists of over 500 member companies, including industry giants such as Verizon, United Airlines, Johnson & Johnson, Altice, and Honeywell. Entitled “Data - The New Commodity: What You Need to Know About Privacy Laws,” the summit focused on the management and protection of Personally Identifiable Information in an increasingly data-driven economy. Ken spoke about the privacy and cybersecurity bill, A4640, that he assisted Assemblywoman Valerie Huttle (D-Bergen) in drafting and on which he has testified as a privacy and cybersecurity expert before the Assembly Homeland Security and State Preparedness Committee. The bill has bipartisan support and was introduced in the Senate by Senator Thomas Kean, Jr. (R-Union).
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Join Partner Jim Guadiana and a panel of key thought leaders and practitioners assembled by The Knowledge Group as they delve into an in-depth analysis of the current and emerging trends and developments surrounding GILTI, FDII, and BEPS enforcement. Speakers will also offer helpful insights on how to develop and implement effective strategies to mitigate risks and pitfalls and ensure compliance in this evolving regulatory climate. The webcast will take place on November 20th, 2019, from 3:00-4:30 PM (EST). You can find more information here.
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Barton is proud to support the annual gala benefitting Savvy Ladies, a 501c3 nonprofit providing financial education to thousands of women each year. The women served are overwhelmingly low- to middle-income, and all are at financial risk — many have experienced divorce, separation, death of a family member, or domestic and financial abuse. This year’s gala will be held on Thursday, November 21 at 4:30 PM at The Princeton Club in NYC. To learn more about this event and to purchase tickets, please click here.
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On September 12, 2019, Managing Partner Roger E. Barton was featured on a panel covering “International Dispute Resolution Tips, Tricks and Traps” for corporate in-house counsel. The panel outlined various dispute resolution methods--including those falling under the umbrellas of both litigation and arbitration—and weighed the pros and cons of each. The panel’s discussion also reviewed considerations that that should be made during the drafting of litigation and arbitration clauses in cross-border contracts.
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In a recent Advisor Hub article, Partner James Heavey offered his commentary on a recent penalty assessed by FINRA against a broker for delegating continuing education requirements. Instead of completing the educational modules himself, the broker allegedly had a client service associate complete the work for him. James noted that, “The suspension shows that Finra is taking these things very seriously. It goes back to the integrity of the regulatory scheme, and Finra’s ability to show the brokers it means business when it comes to keeping up-to-date with their obligations to clients.” You can find the full article here.
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Partner James Heavey was quoted regarding a recent complaint filed by Morgan Stanley on September 27th alleging that two brokers who had departed the company violated their customer non-solicitation agreements. The complaint, which called for a temporary restraining order (TRO), claimed that the brokers used customer information to solicit former clients. Judge Edwin G. Torres scheduled a hearing to give the brokers a fair chance to respond to the allegations before any TRO is issued—a fact James finds promising. “I’m seeing it more and more in these commercial disputes,” James said. “It shows that the judge is being mindful of both sides and attempting to be equitable.” You can read the full article here.
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On September 26th, Partner Josh Soloway spoke at the 2019 General Counsel Conference, a premier learning and networking forum focused on the perspective of in-house counsel. Josh presented at the “Evolving Legal Department Talent Pipeline” session, detailing strategies that department heads can implement in order to attract and retain top talent within their organizations, while also maintaining an accommodating and supportive workplace.
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LEGAL NEWS: TRENDING TOPICS YOU SHOULD KNOW ABOUT
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On Monday, August 25th, 2019, New York Governor Andrew Cuomo signed legislation that will give the New York Attorney General’s Office greater teeth with which to investigate and prosecute financial fraud claims brought under the Martin Act.
There is perhaps no great shortage of disgruntled employees in the world and subsequently no great shortage of employees who’d exchange a few choice words with a disliked boss if granted impunity. Although some employees may feel like cursing out their employer from time to time, the repercussions of such an outburst are often enough to keep impulses for offensive speech down to a harmless grumble. However, this issue of offensive outbursts by employees has repeatedly surfaced across a variety…
Alistair Mactaggart, who proposed the 2018 ballot initiative that prompted the California legislature to pass the California Consumer Privacy Act (CCPA), has proposed a new ballot initiative that, if passed, could bring California closer to the European standard of privacy. As in the past, other states may well follow California’s lead.
Giving in to the temptation to respond to a negative Yelp review with information that identifies complaining patients can be very expensive, even if it may make the clinician feel better in the moment. And the cost and reputational sting of a Corrective Action Plan can last for years.
Foreign litigants in non-U.S. proceedings may use U.S.-style discovery to obtain evidence located beyond the U.S., the U.S. Court of Appeals for the Second Circuit recently ruled in In re del Valle Ruiz. The tangled motions and hearings this decision may spawn could put a fine point on the observation of the noted one-time court stenographer Charles Dickens: “The one great principle of the law is to make business for itself.”
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