David A. Posner

David A. Posner

BakerHostetler

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Balancing Transparency and Secrecy in Class Action Settlements

Companies have the right to protect their trade secrets against public disclosure, while class action members (and the judges who must determine the fairness and adequacy of proposed class action settlements) have the right...more

5/4/2016 - CAFA Class Action Federal Rules of Civil Procedure Rule 23 Settlement Agreements Trade Secrets Transparency Uber

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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