Currently representing the former C.E.O. of a health care firm for that firm’s failure to abide by a Separation Agreement between the two parties. The former C.E.O. was to be paid a significant sum of money upon change of control at the company. Despite a recent change of control, the C.E.O. was not paid. Pastore & Dailey LLC has brought an arbitration pursuant to the terms of the Separation Agreement in which it seeks to recover damages relating to, among others, breach of contract and violations of the Connecticut Unfair Trade Practices Act. Pastore & Dailey LLC is also defending the C.E.O. in an action for injunctive relief brought in the Superior Court of Connecticut by the Company for the C.E.O.'s alleged breaches of the same Separation Agreement.
Recently represented an accountant who was let go by his company after only two months of employment. PD's client was heavily recruited to join the company but, after two months of employment, he was suddenly relieved of his responsibilities. Our client was given a termination agreement to sign which provided for negligible severance pay. PD successfully negotiated a resolution with the company which ultimately provided our client a much larger severance package, a non-disparagement agreement in his favor and no restrictions on future employment.
Recently partnered with Latham & Watkins LLP to file a petition for certiorari seeking Supreme Court review of a decision from the Second Circuit Court of Appeals concerning the tax treatment of employee benefit plans. The Petition was based in part on a split in the Circuit Courts concerning the level of review required in appeals from the U.S. Tax Court. Pastore & Dailey LLC and Latham & Watkins LLP argued that an Article Three District Court should review issues of tax liability for U.S. citizens on a de novo basis, instead of giving deference to the Tax Court, as U.S. citizens are entitled to an Article Three review when issues of their Federal tax obligations are at stake.
Represented senior executive of leading currency and derivative broker in defeating a covenant not to compete.
Represented former senior level executive of medical technology firm regarding violations of compensation and non-disparagement provisions of employment separation agreement.
Represent broker dealer in connection with enforcement of covenants not to solicit employees and clients.
Negotiated Form U5 language and other termination aspects for employees of broker-dealers.
Prevailed upon FINRA to close with no formal action its investigation against a former employee of large investment bank who was alleged to have committed forgery.
Prevailed upon FINRA to permit broker-dealer employees to avoid reporting of criminal charges on their respective Forms U4.
Successfully negotiated reduced sanctions by FINRA against individual registered representatives who were formally charged with violations of securities laws and rules.
Counsel large broker-dealers in employment policies, employee handbooks and employment and separation agreements, including consideration of issues related to numerous federal and state employment laws including but not limited to wage and hour issues, discrimination issues, restrictive covenants, anti-harassment policies, privacy issues, concerted activities issues, social media policies and Family and Medical Leave Act policies.