An update on Robert McCann’s lawsuit challenging a non-compete agreement he entered into with Merrill Lynch. McCann wants to work for UBS, but BofA won’t let him. BofA lawyer Steven M. Kayman’s take on the lawsuit: This man signed a contract. […]
While I don’t often discuss cases on Texas procedure, In Re Weekly Homes, which was published on August 28, 2009 is worth comment. Prior to Weekly Homes there had been no guidance from the Texas Supreme Court on electronic discovery and little […]
Over the past few months Twitter has exploded. It’s everywhere, from Best Buy advertisements to Lance Armstrong’s updates during the Tour de France. Twitter has 23 million users and 54% of Fortune 100 companies have some Twitter presence. […]
It’s been a few weeks since I’ve discussed BofA but once again the company is involved in litigation, this time over a non-compete. This time, BofA is on the receiving end of a lawsuit filed by Robert McCann, former head of […]
In a breach of non-compete or non-solicit lawsuit, the former employer will almost always claim their customer lists are trade secrets. Texas Courts consider the following factors when determining if something is a trade secret: (1) the extent to which […]
A couple of quick hits on issues previously addressed: Arbitration BofA is one of a number of banks to drop mandatory arbitration provisions in their agreements with credit card holders. It follows JP Morgan Chase which stopped referring credit card disputes […]
High-tech companies have been vigorous in their attempts to keep employees from departing to competitors as evidenced by the Mark Papermaster lawsuit filed by IBM and Steven Johnson case. According to some reports, Google and Microsoft entered into an […]
Mark Garmaise, an Associate Professor at UCLA’s Anderson School of Management, recently published "Ties that Truly Bind: Non-Competition Agreements, Executive Compensation and Firm Investment." Garmaise concludes that enforcement of non-competes promotes executive stability, results in reduced executive compensation, shifts compensation […]
Despite indications that it would join The Broker Protocol last year when it acquired Merrill Lynch, BofA has yet do so. The Protocol, which has been frequently discussed in this blog, allows departing brokers/advisors leaving a firm to avoid claims for […]
Weinstein Radcliff Pipkin is a litigation serving Texas, Oklahoma, Arkansas, and Louisiana. We are experience in matters of construction law, surety, contracts, commercial litigation and labor & employment. We’re passionate about providing clients with trusted service and solutions to their legal needs.
