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Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firms' Employees?
Recently, several prominent partners have left their law firms to set up shop with a competing establishment. See James Illman, 'Sonnenschein Raids Kilpatrick to Enter Charlotte' Legalweek.com, April 30, 2007, available at www.legalweek.com/Articles/1024830/Sonnenschein+raids+Kilpatrick+to+enter+Charlotte.html; Nathan Koppel, 'Mayer Brown Employment Lawyer Jumping to Weil,' The Wall Street Journal Online, Law Blog, April 24, 2007, available at blogs.wsj.com/law/2007/04/24/mayer-brown-employment-lawyer-jumping-to-weil/. As was the case in each of these instances, a partner seldom leaves the firm alone ' often staff, associates, and even other partners join the new endeavor. May a departing partner solicit others to join him or her without violating fiduciary duty to the original firm? At what point must the departing partner notify the partnership of his or her efforts to recruit firm employees? This article suggests that partners may solicit attorneys and staff of their original partnership without violating their fiduciary duty, as long as the manner of their solicitation conforms to their fiduciary duty.
Scope of a Partner's Fiduciary Duty
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."