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Business Divorce and Restrictive Covenants

Farrel Fritz

When relations among co-owners break down, the individual’s alleged compliance, or lack of thereof, with the non-compete and non-solicitation provisions can take front and center in the business divorce case. Kramer reacted by suggesting he might consider leaving the firm, though he ultimately declined to do so publicly.

Equity 52
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Gibson Dunn Offers 2022 Year-End Securities Litigation Update

Reynolds Holding

Potential Circuit Split After Lee Fisher On December 12, 2022, the Ninth Circuit heard oral argument en banc in Lee v. Prior to granting en banc review, the original Ninth Circuit panel affirmed the district court’s ruling that the forum-selection clause was enforceable, precluding a claim under Section 14(a) of the Exchange Act.

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Gibson Dunn Offers 2022 Mid-Year Securities Litigation Update

Reynolds Holding

The Fifth Circuit, en banc, reversed, holding that Respondent could bring her removal claim in federal court without waiting for a final determination by the SEC. The Fifth Circuit’s en banc decision created a split from the Second, Fourth, Eleventh, and D.C. On July 1, 2022, the SEC petitioned the Fifth Circuit for rehearing en banc.