stephen riden | Beck Reed Riden LLP

17Sep2023

Stephen Riden in Massachusetts Lawyers Weekly on Close Corporation Dispute

September 17, 2023

business litigation, massachusetts lawyers weekly, stephen riden Close Corporations, News

A recent issue of Massachusetts Lawyers Weekly features a quote from Steve Riden in an article titled “Non-derivative nature of claim dooms motion to shift burden in business spat.”

The article covers a decision by a Massachusetts Superior Court judge concerning a close corporation dispute. The decision was entered in the case titled Wettemann v. Nucleus Research, Inc., et al.

The decision addresses a party’s burden of proof in connection with a complex matter involving a dispute between owners of a close corporation. The lawsuit spans “150 or so docket entries,” and featured allegations of self-dealing, including a claim that an owner spent corporate funds on personal expenses. After the court’s determination that the lawsuit should have asserted derivative, as opposed to direct, claims, the parties reportedly settled the matter prior to trial.

In the article, Steve Riden is quoted as follows:

Boston business litigator Stephen D. Riden agreed that it is the type of case that would behoove attorneys to try to settle.

“What [Wettemann] does illustrate is the challenging fact of litigating a close corporation dispute between two co-owners of that corporation,” he said.

The article is by Massachusetts Lawyers Weekly’s reporter, Kris Olson.

Steve is a seasoned litigator with substantial experience successfully litigating complex commercial matters in state and federal court. Steve has substantial experience representing owners involved in intra-corporate disputes, including shareholder litigation and close-corporation control matters.

His exceptional track record in navigating the intricacies of court procedures, coupled with his deep understanding of commercial law, has earned him a reputation for delivering favorable outcomes for his clients. With an acute attention to detail and an unwavering commitment to upholding the rights and interests of his clients, Steve consistently demonstrates his ability to effectively advocate for their positions.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and employment.

We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

20Aug2023

Beck Reed Riden LLP Attorneys Named to 2024 Best Lawyers in America List

August 20, 2023

Steve RIden

best lawyers, Bob Shea, nicole daly, robert shea, russell beck, stephen riden News

Beck Reed Riden LLP is pleased to announce that four of its lawyers have been named to the 2024 Edition of Best Lawyers. In addition, Russell Beck was named the 2024 Best Lawyers^®“Lawyer of the Year” in Employment Law – Management in Boston, and Trade Secrets Law in Boston.

Russell Beck, Stephen Riden, Nicole Daly, and Bob Shea were named to the 2024 Best Lawyers in America list in the following categories:

Russell Beck: Commercial Litigation, Employment Law – Management, Litigation – Labor and Employment, and Trade Secrets Law
Steve Riden: Commercial Litigation, and Litigation – Labor and Employment
Nicole Daly: Employment Law – Management, and Litigation – Labor and Employment
Bob Shea: Employment Law – Management

Best Lawyers accolades recognize the top 5% of legal talent in private practice throughout the United States.

Best Lawyers has published their list for more than 40 years. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries.

Best Lawyers Award Badge Lawyers on the Best Lawyers in America ^® list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing. For the 2024 edition of The Best Lawyers in America, more than 13.7 million votes were analyzed to identify the top legal talent, as identified by their peers.

6Jul2023

Stephen Riden Quoted in Massachusetts Lawyers Weekly on First Circuit Ruling

July 6, 2023

Steve RIden

business litigation, jurisdiction, massachusetts lawyers weekly, stephen riden News

A recent issue of Massachusetts Lawyers Weekly features discussion with Steve Riden in an article titled “Jurisdictional issue jeopardizes eight-figure verdict.”

The article covers a decision by the U.S. Court of Appeals for the First Circuit concerning a contract dispute. The decision was entered in the case titled BRT Management LLC v. Malden Storage, LLC, et al..

The decision addresses a party’s obligation to establish the existence of subject matter jurisdiction when asserting claims in federal court. In this case, the defendants had not provided sufficient assurances that every member of one defendant — a limited liability corporation — met the requirement for diversity, i.e., that no plaintiff and defendant were domiciled in the same state. As a consequence, the First Circuit indicated that dismissal of the lawsuit would be justified, but gave the defendants “one more chance” to establish that the District Court has subject matter jurisdiction.

In its decision, the First Circuit detailed the obligations of establishing diversity for non-corporate entities like LLCs or trusts.

In the article, Steve Riden is quoted as follows:

Boston attorney Stephen D. Riden called BRT “required reading for any attorney who is going to represent or be adverse to an LLC or trust in federal court.”

The case illustrates that the burden to conclusively establish the diversity of citizenship “never ends,” Riden said. He noted that the parties thought they were doing the right thing by stipulating that diversity existed, apparently having mutually decided that it may not be worth the effort to drill down and identify every natural person involved in a trust or LLC.

But the 1st Circuit was “merciless” in emphasizing that there are “no shortcuts,” he said.

***

As much as the 1st Circuit’s decision is a “cautionary tale,” it is also a “helpful guide,” recommending a process of conducting limited jurisdictional discovery of non-public information at the outset of a case to confirm that jurisdictional diversity exists, Riden observed.

“This is a decision that cannot be ignored, with application to every single case in federal court with an LLC, LLP or a trust as a party,” Riden said.

The article is by Massachusetts Lawyers Weekly’s reporter, Kris Olson.

Steve is a seasoned litigator with substantial experience successfully litigating complex commercial matters in state and federal court. His exceptional track record in navigating the intricacies of court procedures, coupled with his deep understanding of commercial law, has earned him a reputation for delivering favorable outcomes for his clients. With an acute attention to detail and an unwavering commitment to upholding the rights and interests of his clients, Steve consistently demonstrates his ability to effectively advocate for their positions.

15Apr2023

Stephen Riden Quoted in Massachusetts Lawyers Weekly

April 15, 2023

Steve RIden

business litigation, massachusetts lawyers weekly, stephen riden Close Corporations, News

A recent issue of Massachusetts Lawyers Weekly features discussion with Steve Riden in an article titled “In family business dispute, appraisal right deemed waived.”

The article covers a decision by a Massachusetts Superior Court judge concerning a close corporation dispute. The decision was entered in the case titled Szawlowski Potato Farms, Inc., et al. v. Szawlowski, et al.

The decision addresses a situation involving a dispute among family members in a close corporation. The estate of one family member sought to exercise certain rights under the owners’ shareholder stock redemption agreement. However, after undertaking a close analysis of the parties’ agreements and communications, the court ruled that the estate waived its contractual right to seek an appraisal of the decedent’s ownership interest in the company.

In the article, Steve Riden is quoted as follows:

Boston attorney Stephen D. Riden said apparently it was particularly helpful to the companies that, in the notice of their intent to repurchase the decedent’s interest, they had flagged the trustee’s deadline to request the appraisal, which made it easier for the judge to find waiver of that right.

For his part, the trustee seemed to have treated the notice as an invitation to negotiate a settlement of all disputes between the parties, which Riden called “a completely appropriate strategy.”

But at the same time, the trustee needed to expressly exercise his appraisal rights under the contract.

“The lesson there is to still keep your eye on the ball and make sure that you’re sticking to the terms of the contract in case the effort to negotiate fails,” Riden said.

The article is by Massachusetts Lawyers Weekly’s reporter, Kris Olson.

Steve has substantial experience representing owners involved in intra-corporate disputes, including shareholder litigation and close-corporation control matters.

15Mar2023

Steve Riden Speaking About Tortious Interference for Federal Bar Association

March 15, 2023

Steve RIden

federal bar association, stephen riden, steve riden, tortious interference News

On Thursday, March 16, 2023, Steve Riden will give a presentation for the Federal Bar Association titled “Tortious Interference With Contracts: Proving and Defending Claims.”

The presentation will be conducted via webinar on March 16, 2023, from 2 to 3 p.m. ET. Registration information and other details are available here.

According to the program summary:

Commercial relationships and contracts are both susceptible to interference by others. Former employees and competitors sometimes resort to improper tactics to gain an unfair advantage. Business litigators need to be aware of the variety of fact patterns that can support a claim for tortious interference. This versatile tort is an essential tool to address a wide range of commercial misconduct and unfair competition.

This course is co-sponsored with myLawCLE.Key topics to be discussed:

What must plaintiffs prove to establish a tortious interference claim?
What are the potential defenses to defeat tortious interference claims?
What damages are available to prevailing plaintiffs in tortious interference cases?
How do tortious interference claims overlap with related employment, unfair competition, and defamation claims?

teve’s practice is in commercial litigation, and he represents corporate and individual clients in a wide array of commercial disputes across the country, and his primary focus is litigating trade secrets related matters. Over the past year, he has worked on myriad actions in state and federal courts involving trade secret issues, including representing several key witnesses in a jury trial that resulted in an award of more than $2 billion in damages for trade secret misappropriation.

Steve was the 2020 President of the Board of Directors for the Boston College Law School Alumni Association. He is an editorial board member of the Boston Bar Journal, following serving a two-year term as its chair, and a one-year term as its co-chair. Previously, Steve was the Co-Chair of the Boston Bar Association’s Business and Commercial Litigation Section.

eck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

17Feb2023

Boston Magazine’s Top Lawyers List Names Beck Reed Riden LLP Attorneys

February 17, 2023

Steve RIden

Boston Magazine, Nicole Corvini Daly, robert shea, russell beck, stephen riden, Top Lawyers News

Boston Magazine has included four Beck Reed Riden LLP attorneys in the publication’s “Top Lawyers” list, which recognizes the top law professionals in Greater Boston.

Published as part of the magazine’s December 2022 issue, the 2022 “Top Lawyers” list includes the following Beck Reed Riden LLP attorneys:

Boston Magazine’s editorial team researched and selected lawyers based on peer nominations and credentials. The complete list is available here.

11Feb2023

Stephen Riden Featured in The National Law Journal on Noncompetes

February 11, 2023

Steve RIden

Federal Trade Commission, FTC, National Law Journal, stephen riden, steve riden Federal Noncompete Regulation, News, Noncompete agreements

A recent issue of The National Law Journal features discussion with Steve Riden in an article titled “Legal Industry Is Split on FTC’s Proposed Ban on Non-Competes.”

The article covers the Federal Trade Commission’s proposed Noncompete Clause Rule, which would essentially ban all employee noncompete agreements. The report was written by Christine Schiffner, Bureau Chief for the National Law Journal in Washington, D.C.

In the article, attorneys discuss a variety of viewpoints about the value of noncompete agreements, and assess the FTC’s proposal to restrict such provisions. Steve Riden is quoted as follows:

“We would suggest that the FTC reconsider an outright ban of non-compete agreements,” said Boston-based Beck Reed & Riden partner Stephen Riden. He and the firm’s other name partner Russell Beck spearheaded the publication of an open letter signed by 59 attorneys underscoring the effectiveness of non-compete agreements to protect trade secrets and “stealing confidential company information” when employees leave their jobs. His firm is also planning to actively weigh in during the FTC’s public comment period.

***

While 47 U.S. states currently permit non-competes and three states have enacted bans, Riden points out that “there are measures that can be taken to soften the impacts of non-competes,” including clear disclosures and more transparency during the hiring process. “Companies could provide notice of the non-compete agreements before the employee accepts the job,” Riden said—“so employees start a new role with their eyes wide open.”

***

While the FTC argues that the new rule would promote “greater dynamism, healthy competition, and innovation,” defense attorneys disagree. Particularly in circumstances of employees handling confidential or even trade secret information, non-compete clauses “give the old employer the opportunity to protect and further capitalize on the confidential information,” Riden said.

Steve has substantial experience representing companies and individuals in trade secret, noncompete, and unfair competition matters.

7Feb2023

Nicole Corvini Daly to Speak About Protecting Trade Secrets and Confidential Information

February 7, 2023

Steve RIden

business litigation, mcle, stephen riden, steve riden News

On Wednesday, February 15, 2023, Nicole Corvini Daly will be giving a presentation at the Boston Bar Association titled “Maintaining Confidentiality Outside the Office.”

The one-hour webinar starts at 11 a.m. ET. Registration and additional information is available here.

The Boston Bar Association describes Nicole’s presentation as follows:

Keeping company information confidential has become even more challenging with employees increasingly working outside the office and accessing company records from their homes and personal devices. This program will address the pitfalls for employees and employers alike when it comes to access to trade secrets, proprietary information, and confidential communications. Providing management-side and employee-side perspectives, the program will cover trends, risks, and solutions for a constantly shifting issue.

icole is a partner at Beck Reed Riden LLP. Her practice focuses on litigating and advising on the use and enforceability of noncompete, nonsolicitation, and nondisclosure agreements. She handles trade secret and restrictive covenant matters around the country, including cases involving mass defections of employees, and has successfully litigated cases on behalf of both employers and employees to either enforce or overcome restrictive covenants.

The other speaker on this panel is Michael Ackerstein of Ackerstein Law.

4Feb2023

Russell Beck, Steve Riden, and Bob Shea Named Top 100 Lawyers

February 4, 2023

Steve RIden

Bob Shea, robert shea, russell beck, stephen riden, steve riden, super lawyers, top 100 News

Super Lawyers Magazine has selected Russell Beck, Stephen Riden, and Bob Shea as three of the Top 100 Super Lawyers in Massachusetts.

Russell Beck is a business and intellectual property litigator, nationally recognized for his trade secrets and noncompete experi ence. Russell has more than thirty years of experience as a complex business and intellectual property litigator, representing corporate and individual clients throughout the country. Russell has also been named one of the Top 10 Super Lawyers in Massachusetts.

Steve Riden is a commercial litigator who represents corporate and individual clients in a wide array of disputes across the country. Steve has extensive experience litigating business disputes involving breach of contract, fraud, unfair competition, trade secrets, and noncompete agreements.

Robert Shea advises and represents clients in all areas of labor and employment law. He devotes a significant portion of his practice to alternative dispute resolution, both as an advocate and a neutral.

The selection of the top 100 Super Lawyers in Massachusetts is based on a process of peer review following a survey of lawyers from the region. The Super Lawyers selection process is described in detail here.

is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and employment.

2Feb2023

Stephen Riden to Speak at MCLE Conference

February 2, 2023

Steve RIden

business litigation, mcle, stephen riden, steve riden News

On Friday, February 3, 2023, Steve Riden will be speaking at MCLE’s 22nd Annual Business Litigation Conference.

The one-day online event starts at 12 p.m. ET. Registration and additional information is available here.

Steve will be speaking on a panel called “Preserving, Searching for, and Discovering Key Evidence.” The panel will cover the following topics:

Litigation hold requests
ESI-email, texts, phone logs—identifying key custodians and accounts
Considering client’s document retention policies and practices
Agreeing to joint search terms for ESI
Protective orders
Confidentiality designations
Motions to impound confidential material
Confidentiality terms in settlement agreements

The other speakers on this panel are:

Matthew S. Furman, Esq., of Todd & Weld LLP , Boston
Sarah M. Nyren, Esq., of Conn Kavanaugh Rosenthal Peisch & Ford LLP, Boston

MCLE describes the event as follows:

This year’s annual Conference is a can’t-miss event! Get the latest update on new business litigation developments and important case law delivered in a dynamic, streamlined format by a stellar faculty of U.S. District Judges, U.S. Magistrate Judges, Massachusetts Superior Court Judges, and preeminent practitioners. Hear their insightful, practical tips from the trenches—and from the bench. The Judges discuss recent trends and field your questions in the ever-popular Business Litigation Session Judicial Panel and Federal Judicial Panel. And hear valuable strategic insights on preliminary injunctions as well as preserving, searching for, and discovering key evidence. Get highly practical, sage perspective that only experience—and the Conference—can provide.

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