March 1, 2018
A jury tagged Alston & Bird yesterday with a legal malpractice verdict arising out of allegations that one of its partners failed to properly advise and protect a small, family-owned limited liability company, when its manager looted the business of nearly $1.5 million in excess compensation and overvalued shares in the company. The jury took only a few hours to reach a verdict, which, to trial attorneys, typically means the jury didn't have to think much about responsibility and went right to damages.
Alston & Bird represented the business, but were taking direction from... Read more.
February 4, 2018
Nothing. Seriously, though, even large companies, like Ford Motor Company, seem to forget this. And it will probably end up costing it a lot of money in attorneys fees.
Under pretty much any trade secret analysis, the party seeking to protect the information must make reasonable efforts under the circumstances to keep it secret. Makes sense. Every state that has adopted the Uniform Trade Secrets Act, including Connecticut, has this requirement. If you don't try to keep it a secret than why should the Court?
In a products liability case out of West Virginia federal court,... Read more.
November 16, 2017
On Tuesday the Connecticut Supreme Court heard arguments from the lawyers for some of the families suing Remington Arms over the marketing and sale of the gun that Adam Lanza used almost 5 years ago. I wrote about this case before here, and wrote about another Newtown case here, if you’re interested.
The case was on appeal because Judge Bellis granted what Connecticut calls a “motion to strike” the plaintiff’s complaint. This is very similar to a federal 12(b)6 motion to dismiss. The motion challenges whether the facts alleged make out a cause of action under the law. The motion is... Read more.
October 28, 2017
If you are thinking of selling your business to another company, we think you’re going to want to read this blog post. Because often times the selling owner will join the purchasing business as a member of its board of directors or as an officer. Usually this is part of the consideration, or payment, for the assets of the business being sold. And sometimes the purchasing business will pay a portion of the purchase price over time pursuant to a promissory note. That set of facts turned out pretty badly for one individual in a recent case decided by the Federal Court of Appeals in New York... Read more.
September 16, 2017
Equifax’s handling of its recent data breach has drawn significant criticism, and for good reason. Some of the criticism was aimed at three executives who dumped 1.8 million dollars’ worth of stock before Equifax publicly disclosed the breach. Equifax seems to be in the most hot water over its attempt to force harmed consumers to agree to arbitrate claims arising out of the security breach by sneaking it into the website that provided consumers with an answer to whether or not their personally identifiable information was compromised and when they signed up for credit monitoring.
... Read more.
September 13, 2017
It’s not too often I get to blog about one of my favorite topics, limited liability litigation, in connection with a case involving a law firm. Typically, law partners want to keep their partnership disputes out of court, at least in Connecticut. But one case filed back in April involving a local law firm has heated up, and another was recently filed between the same parties. Check the dockets out here and here. The litigation raises interesting questions about what it means to be a true “member” of an LLC versus simply holding an economic interest, along with the issue of assignments... Read more.
September 3, 2017
The use of electronic communications and internet in the workplace makes it increasingly important for Connecticut employers, especially small businesses, to understand some basic laws governing what they can and cannot do when monitoring their employees’ electronic activity.
The Connecticut Electronic Monitoring Act
The Electronic Monitoring Act requires employers to notify employees of any electronic monitoring that may be conducted in the workplace. It applies to all Connecticut employers, including private employers, without regard to size.
Employers must post a... Read more.
August 10, 2017
Cybersecurity has become a very hot issue throughout the private and public sectors over the last few years. From the alleged hacking of the 2016 election to the hacking of Target in 2013, which led to the theft of 70 million customers’ credit card information, no one is safe from hackers, especially small and medium-size businesses. According to the 2016 State of Small and Medium Business Cybersecurity Report, half of all small businesses in the United States have been compromised in the last 12 months. Connecticut has a Cybersecurity resource page that offers helpful tips and information... Read more.
August 6, 2017
Yes, of course you can, if he or she is doing some very bad things. You see, partners get into disputes all the time. Disagreements happen, whether they are between partners in a limited liability company, a true partnership, or shareholders in a closely-held corporation. And sometimes those disagreements are pretty serious, like when one partner steals money from the company. Or, maybe one of the partners starts a competing business and takes away the company’s customers. That kind of stuff gets serious, and is not the kind of behavior partners can (or should) turn their back on.... Read more.
July 7, 2017
Yes, Connecticut employers may drug test their current employees, but not randomly unless the job is high-risk or safety sensitive. And thank God, since one report finds that 1 out of every 10 employees comes to work high on marijuana. Connecticut has a specific statute that allows employers to drug test current employees; only under certain circumstances and only if they comply with the statute. First, the employer must have "reasonable suspicion that the employee is under the influence of drugs or alcohol which adversely affects or could adversely affect such employee's job performance... Read more.