David A. Posner

David A. Posner


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Latest Publications


A WARNing to Private Equity Regarding Potential Liability for Employment Decisions by Portfolio Companies

A federal district court in Indiana recently ruled that a plaintiff's class action lawsuit could proceed against both a New York private equity firm and one of its portfolio companies for an alleged violation of the Worker...more

10/7/2013 - Compliance Employer Liability Issues Investment Portfolios Private Equity WARN Act

Arbitrators, Not Judges, Must Decide Whether Noncompetes Are Enforceable if There is an Arbitration Clause, Says U.S. Supreme...

On November 26, 2012, the United States Supreme Court held that the enforceability of a noncompete agreement containing a valid arbitration clause must be determined by an arbitrator in the first instance, not by a federal or...more

12/10/2012 - Arbitration Arbitration Agreements Federal Arbitration Act Non-Compete Agreements

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