Foley Hoag Clears Way for Senior Financial Services Executive
In one of the few decisions in the country on the enforceability of “garden leave” notice provisions, lawyers in Foley Hoag’s
Litigation Department recently secured a favorable outcome for a senior-level financial executive whose former employer sought to block his departure from the company. In a recent ruling by Judge Nathaniel M. Gorton, U.S. District Judge for the District of Massachusetts, the employer’s motion for a preliminary injunction was denied. Partners
Michael Boudett and
Michael Rosen represented the client, the former head of the Boston office of Bear Stearns. Bear Stearns alleged that the executive violated his employment contract by failing to give 90-days’ notice before departure and by seeking to persuade clients and staff to follow his move to a competitor. In the ruling, Judge Gorton noted that plaintiff’s allegations of misappropriation of confidential information and interference with contractual and business relationships was unsubstantiated. Further, the Foley Hoag team was successful in proving that Bear Stearns would not be subject to irreparable harm with the departure of this executive. Widely covered by national financial media, the case is now pending before an arbitration panel before the Financial Industry Regulatory Association (FINRA).
Categories: Business, Labor and Employment Law, Litigation, Banking