Nicole Daly’s Positive Result Featured in Lawyers Weekly

The August, 1, 2016, edition of Massachusetts Lawyers Weekly features Nicole Daly and Will Haddad in a story titled “Noncompete rights not dischargeable.”

The story is about a recent decision in a matter pending in the U.S. Bankruptcy Court, D. Massachusetts, titled In re: Carl S. Hurvitz. In that decision, Beck Reed Riden LLP’s attorneys secured a positive result for their client, a creditor who was seeking to enforce certain noncompete and nonsolicitation provisions of a franchise agreement that it entered into with the debtor.

As described by Lawyers Weekly, the court’s decision provides that “a franchisor’s rights to enforce noncompetition and nonsolicitation agreements are not claims that a debtor can discharge,” as long as the franchisor “does not alternatively have a right to payment of monetary damages.”

Nicole Daly was quoted in the article as follows:

One of the creditor’s lawyers, Boston’s Nicole Corvini Daly, who worked on the case with her colleague William A. Haddad, said in a written statement that she was pleased with “the clarity” provided by the opinion and the confirmation that the franchisor could pursue injunctive relief in the state court proceeding. She declined to comment further, citing the ongoing proceedings both in the state and federal courts.

The article was written by Lawyers Weekly reporter Kris Olson.

Beck Reed Riden LLPis 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.

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

 

Will Haddad on Insider Trading in The Champion Magazine

Will HaddadThe September/October 2015 issue of The Champion magazine features William Haddad’s analysis of the upheaval in insider trading law following last year’s Second Circuit decision in United States of America v. Newman. Will’s article is titled The Newman Decision And Its Ramifications.

In December 2014, the Second Circuit Court of Appeals in New York overturned two insider trading convictions.

Will summarizes the decision as follows:

Will Haddad in The ChampionIn Newman, the Second Circuit vacated convictions against two tippees, Todd Newman and Anthony Chiasson, based upon a finding that a tippee may only be held criminally liable if he or she knew that the tipper provided information in exchange for a personal benefit and that benefit represented “at least a potential gain of a pecuniary or similar nature.” Because the government did not satisfy that standard, Chiasson and Newman, who were supposed to have started sentences of 78 and 54 months, respectively, are free. In addition, Newman has spawned a number of other postconviction challenges and the reversal of certain guilty pleas.

In the United States’ petition to the Supreme Court, the government described the ruling as “unprecedented” and argued that, if it were left to stand, it would “hurt market participants, disadvantage scrupulous market analysts, and impair the government’s ability to protect the fairness and integrity of the securities markets.” However, the Supreme Court recently denied the government’s request to review the Second Circuit’s decision.

In the article, Will summarizes the basics of insider trading law, describes the Newman decision, and sets forth its ramifications in both criminal and civil enforcement cases. Will writes:

The Newman decision is the biggest challenge to date to the government’s campaign against insider trading. It comes out of the Second Circuit, the most important circuit for securities fraud cases. It has resulted in courts reversing convictions and vacating guilty pleas and has inspired challenges to criminal and SEC cases outside of the Second Circuit.

That said, lawyers advising individuals or financial institutions (e.g., hedge funds) should not change their preemptive or post-conduct advice to clients based upon Newman. One countervailing opinion has already been handed down in the Ninth Circuit, and three bills in Congress seek to overrule Newman.

A copy of the article is available here.

Will Haddad is a partner at Beck Reed Riden LLP. He handles civil litigation involving all kinds of commercial disputes, as well as client responses to government investigations and enforcement actions. He has appeared in state and federal courts, along with various government and industry forums, including the SEC and FINRA.

The Champion magazine is the National Association of Criminal Defense Lawyers (NACDL)’s journal. The magazine offers timely, informative articles written for and by criminal defense lawyers, featuring the latest developments in search and seizure laws, DUI/DWI, grand jury proceedings, habeas, the exclusionary rule, death penalty, RICO, federal sentencing guidelines, forfeiture, white collar crime, and more. The Champion is published ten times per year.

Beck Reed Riden LLPBest Law Firmsis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor 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.

William Haddad Launches Securities Litigation Blog

William Haddad, a partner at Beck Reed Riden LLP, recently launched his legal blog: The Securities Litigator.

The latest posts on The Securities Litigator feature Will Haddad’s analysis of a Fifth Circuit decision affecting employees who want to be treated as Dodd-Frank whistleblowers and discussion of the SEC’s recent enforcement action against the owner of S.A.C. Capital Advisors, LLC.

Will focuses on securities litigation and business litigation. Will handles litigation involving all types of commercial disputes, as well as client responses to government investigations and enforcement actions. He frequently appears in state and federal courts, as well as various government and industry forums, including the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA).

About Us

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