Articles tagged with: Free


Social Networking - Was that tweet a solicitation?

In just a few short years, social media sites such as LinkedIn, Facebook and Twitter have become an accepted and some would say essential tool of business communication. Employers seeking to preserve the confidentiality of their customer lists have struggled to keep pace in this rapidly changing environment. This issue has also been the subject of many recent articles and our firm was asked to comment on it earlier this month for an article appearing in the Wall Street Journal. News for Brokers, Wealth Managers and Their Clients. Wall Street Journal (November 4, 2011).

Written by: Dennis J. Concilla


What is the Broker Protocol?

Each year hundreds of Registered Representatives leave their firms to create new firms or move to other companies. Until 2004, these transitions were often accompanied by lawsuits. Former employers sought to enforce contractual non-solicitation and non-compete provisions limiting contact by the departing individual with their established clients. These suits could be costly and sometimes resulted in injunctions preventing the brokers from continuing to serve their customers. The Protocol for Broker Recruiting virtually ended this litigation among firms that chose to enter into the agreement. 

Written by: Dennis J. Concilla


Third Circuit Case Explores Nooks and Crannies of Trade Secret Misappropriation Under Pennsylvania Law

A July 27, 2010 decision by the United States Court of Appeals for the Third Circuit, in Bimbo Bakeries USA, Inc. v. Botticella, No. 10-1510, upheld an injunction preventing a senior executive from commencing employment at Hostess Brands, Inc., a bakery rival to the plaintiff Bimbo. The decision is notable in that the Court enjoined Mr. Botticella’s employment, in the absence of any non-competition agreement, on the basis that there was a “substantial likelihood,” but not an “inevitability,” that Mr. Botticella would disclose or use Bimbo’s trade secrets in the course of his planned employment at Hostess.

Written by: Dennis J. Concilla