Articles Posted in Business Litigation

COURT CONTINUES TO MISUNDERSTAND HOW WE USE TECHNOLOGY
H. Adam Shapiro

The Supreme Court continued its trend of significant decisions today, issuing rulings in favor of copyright holders over technological innovation (ABC v Aereo) and in favor of upholding privacy rights in the face of police searches (Riley v California). While the decisions were broad in scope, they also both created substantial unanswered questions that the…

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“VALUABLE CONSIDERATION” REQUIRED TO ENFORCE NON-COMPETE AGREEMENT DESPITE COMPLIANCE WITH PENNSYLVANIA UNIFORM WRITTEN OBLIGATIONS ACT
H. Adam Shapiro

The Pennsylvania Superior Court recently examined what impact, if any, the Pennsylvania Uniform Written Obligations ACT (PUWOA) has on an employment agreement that contained a covenant not to compete entered into after the employee started working with the employer. The short answer is – no effect at all. First a little background is in order.…

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DO I NEED TO FILE AN S ELECTION IN PENNSYLVANIA – LEGAL RESEARCH ON YOUR OWN: A FOOL AND HIS MONEY ARE SOON PARTED
H. Adam Shapiro

These are dangerous times to be starting your new business. The economy is tight, money is not readily available and your legal budget is next to nil. You’ve heard that you need to incorporate to protect your family assets and you keep hearing on the radio that you don’t need a lawyer. In fact, you…

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WHISTLEBLOWER AWARDS IN EXCESS OF $14 MILLION IN 2013
H. Adam Shapiro

The SEC’s Office of the Whistleblower (OWB) awarded individuals over $14 million in 2013 for their “significant and original contributions” to successful enforcement of the securities laws. The OWB is now in its 3rd full year and the number of tips and complaints is trending upward. OWB reports that it received 3,001 tips and complaint…

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SEC ENTERS INTO FIRST DEFERRED PROSECUTION AGREEMENT WITH INDIVIDUAL
H. Adam Shapiro

Late last year the Securities and Exchange Commission announced that it had entered into its first deferred prosecution agreement (DPA) with an individual who worked in an administrative capacity at a large hedge fund. The DPA allowed the SEC to successfully go after hedge fund manager Berton Hochfield who reportedly stole more than 1.5 million…

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Danziger Shapiro, P.C. Announces Investigation of NQ Mobile, Inc.
H. Adam Shapiro

For Immediate ReleaseContact: Danziger Shapiro, P.C.215-545-4830 leavitt@DS-L.comDanziger Shapiro, P.C.Announces Investigation of NQ Mobile, Inc. PHILADELPHIA, PA, December 16, 2013- Danziger Shapiro, P.C., a Philadelphia based litigation law firm, (www.DS-L.com) is investigating securities fraud claims against NQ Mobile, Inc.. (NYSE: NQ). This inquiry centers on allegations that statements issued by NQ Mobile regarding its business operations…

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SEC BEING INVESTIGATED (AGAIN) FOR IMPROPER TRADING
H. Adam Shapiro

Well this doesn’t happen every day – or does it? The SEC finds itself being investigated for improper financial holdings. According to a November 2013 Reuters post, federal prosecutors and the office of the inspector general of the SEC contacted employees in the SEC’s New York office about trading in companies that are under SEC…

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SEC NOW REQUIRES ADMISSION OF WRONGDOING IN SETTLEMENTS OF “EGREGIOUS” CASES
H. Adam Shapiro

In the past the Securities and Exchange Commission had allowed defendants to settle civil and administrative claims brought by the SEC without requiring defendants to admit or deny liability. However, there has been a change of policy with the recent appointment of the new SEC Chair Mary Jo White. Now, in “egregious” cases, the SEC…

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“INSTRUMENT UNDER SEAL” – THESE THREE WORDS REALLY DO MATTER
H. Adam Shapiro

Ever wonder what an “instrument under seal” is? When the word [SEAL] is placed next to the signature block at the end of the written guaranty or loan agreement, does it have any impact? The answer is a big YES. Earlier this summer, the Pennsylvania Supreme Court confirmed what we have always told our clients…

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PUBLIC BENEFIT CORPORATIONS ARE NOW AN OPTION IN DELAWARE
H. Adam Shapiro

Delaware recently joined the fast growing Benefit Corporation “club”. Effective August 1, 2013, Delaware became the 20th state to adopt its own version of the Benefit Corporation. The provisions governing this new business entity can be found under new Subchapter XV of the Delaware General Corporation Law. Earlier this year you may recall (click here)…

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