Pastore & Dailey LLC proudly sponsored the 16th Annual B. Riley Investor Conference in Los Angeles on May 12 to the 14. Along with several other national law firms, Pastore & Dailey helped B. Riley facilitate a dialogue between issuers and investors from around the country, and helped B. Riley raise money for the Sugar Ray Leonard Foundation.
Category: News
California FINRA Aribitration
The attorneys at Pastore & Dailey LLC successfully represented Los Angeles based broker-dealer in the prosecution of a FINRA arbitration in California seeking the collection of a contractually earned broker dealer’s investment banking fee. The issuer represented by our client claimed that the investment banking fee was not owed, but ultimately satisfied the fee obligations by transferring equity in the company to the broker-dealer as payment.
National Law Firm Pastore & Dailey Expands to Space Coast
Pastore & Dailey’s new Melbourne office, located at 7827 N. Wickham Road in Suntree, is led by attorney Rob Manning, a Brevard County native. Manning holds an AV-Preeminent Peer Review rating from Martindale-Hubbell. “I am grateful for this opportunity to return to Brevard County, and to bring my experience and Pastore & Dailey’s resources to serve my hometown,” Manning said.
Brevard County’s growing and diversified economy made it a prime market for Pastore & Dailey’s expansion. “When Pastore & Dailey considered expansion opportunities in Florida, the Spacecoast was at the top of the list with its growing, diverse economy, ” said Pastore & Dailey’s managing partner Joseph M. Pastore, III.
Contact Rob Manning at 321.684.7144 and via email at RManning@psdlaw.net.
Pastore & Dailey LLC is a national law firm with offices in Stamford, CT, New York, NY, Glastonbury, CT, Gainesville, FL and Melbourne, FL. Visit the firm’s website at www.psdlaw.net.
American Lawyer’s Top Rated Attorneys
Pastore & Dailey has been named to the American Lawyer’s Top Rated Attorneys for 2015 for Commercial Litigation, and Labor and Employment. This is the Second Year in a row the Firm has received such an award.
Motion to Strike Successful
Pastore & Dailey recently brought a successful motion to strike in Connecticut Superior Court against a former employee of a client (a major world-wide insurance company). The Court’s decision included a finding that the former employee failed to articulate facts sufficient to support a claim of a fiduciary duty by an employer to an employee for a long-term incentive plan (“LTIP”).
PROCEDURE – The former employee sued the client over a year ago for further payments pursuant to the LTIP (the employee had already received several years of payments under the LTIP). Pastore & Dailey first sent the former employee’s counsel a Request to Revise the Complaint, as we perceived the pleadings to be legally insufficient as written. Opposing counsel for the former employee objected to the Request to Revise, but the Court overruled all of same, agreeing with Pastore & Dailey that the former employee needed to revise the Complaint per Pastore & Dailey’s Request to Revise.
The former employee’s counsel then revised the Complaint, but Pastore & Dailey filed a Motion to Strike with the court, again alleging that the pleadings in the Complaint were legally insufficient, as revised. The parties had oral argument with the court a few months ago.
RESULT – Just recently, the court issued its decision, striking one of the counts per Pastore & Dailey’s motion, and indicating that another count is likely to fail, if Connecticut state law is found to apply.
In the count that was stricken, the Court stated that a mere “conclusory allegation” that the employer owed the employee a fiduciary duty under the LTIP was insufficient to overcome the Motion to Strike that count in the Complaint.
Regarding the count for an allegation of breach by the employer of an implied covenant of good faith and fair dealing, the Court stated such claim would also fail, should the Court ultimately determine that Connecticut law is the applicable law in this case. (The Court stated that the choice of law question was not yet “ripe” at this stage of the proceedings. But both the client and the employee are domiciled in Connecticut.)
Only a breach of contract claim otherwise remains in the Complaint.
Florida Gators Retake Top Spot in Law School Rankings
Mr. Two Bits Would be Proud.
Florida Gators Retake Top Spot in Law School Rankings
Julie Kay, Daily Business Review
University of Florida’s Levin College of Law was ranked Florida’s best law school by U.S. News & World Report, taking back the position it lost last year to Florida State University.
The Gainesville law school was ranked 24th among public law schools and 47th overall. Additionally, its law school tax program ranked first among public law schools and tied with Georgetown University for second place overall.
UF interim law dean George Dawson was pleased that the school regained its longtime position as Florida’s top law school.
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Defeated Emergency Motion to Stay
Pastore & Dailey recently defeated an emergency motion by a client’s competitor in the financial services industry (including a FINRA member firm) to stay our client’s lawsuit in NYS Supreme Court (New York County) against the competitor and its principals while a related FINRA arbitration was in process. (Our client is suing the competitor and its principals for tortiously interfering with our client’s contracts with its ex-employees, among other things.)
Pastore Appointed to Pace Board of Visitors
Joseph M. Pastore III has been appointed to the Pace University School of Law Board of Visitors by the unanimous vote of that board. Similarly, Susan Bysiewicz, the former Secretary of State of Connecticut and a former U.S. Senate candidate who leads the Firm’s Glastonbury office, has served on the Duke University Board of Visitors for the past year. The Pace University School of Law Board of Visitors already includes among its many distinguished members Congresswoman Nita Lowey and Westchester County District Attorney Janet DiFiore. Pastore & Dailey is honored to have two of its leading attorneys serving the law school community in such an important and vibrant way.
Mr. Pastore is a 1991 graduate of Pace University School of Law, where he served as the Managing Editor of one of the school’s distinguished Law Reviews. He attended the law school on a Law Trustee Scholarship, and had the great privilege of learning from the school’s world class faculty, including at the time the former Chief Judge of the New York Court of Appeals, the highest court in New York.
Pastore & Dailey is honored to serve both Duke and Pace Law Schools. Mr. Pastore has been named a Super Lawyer for New York and New England for the past several years and a top national attorney by a leading law firm publication. Pastore & Dailey is growing national law firm, founded in 2012, with offices in New York, Connecticut and Florida.
Pastore & Dailey LLC Secures Over $60 Million for Clients
Pastore & Dailey LLC is pleased to announce that the Firm has, to date, secured over $60 Million in grants and low-interest loans for Connecticut businesses through various programs with the State of Connecticut Department of Economic and Community Development.
Through the work of Attorney Susan Bysiewicz, a former Secretary of the State of Connecticut and former candidate for the United States Senate, the Firm has enabled Connecticut business owners to create over 425 private-sector jobs in manufacturing, precision engineering, green and renewable energy, and many other industries.
Pastore & Dailey LLC credits these successes to the Firm’s client-centered approach and comprehensive application process. To date, all clients that have applied for assistance through these programs have received funding. Assistance packages range from $60,000 to $48 Million. Loan packages include various levels of loan-forgiveness and carry interest rates as low as 2%.
For more information, contact Atty. Susan Bysiewicz in the Firm’s Glastonbury office: 860.266.6870 or by email, sbysiewicz@psdlaw.net.
Nathan Zezula Joins Pastore & Dailey LLC
Pastore & Dailey LLC welcomes Nathan Zezula as Counsel in the Firm’s Stamford and Glastonbury offices. Nathan is well-versed in commercial litigation, including breach of contract claims, unfair trade practice claims, real estate disputes, and fraud and breach of fiduciary duty claims. Nathan has extensive experience in securing pre-judgment relief, including temporary injunctions and restraining orders. He has represented clients in federal patent infringement disputes and bankruptcy adversarial proceedings.
Nathan has been named a “Rising Star” by Connecticut Super Lawyers, and is a veteran of the United States Army, having spent four years on active duty in Germany and Kosovo, leaving with the rank of Captain. He is a 2007 graduate of Pace Law School, where he graduated Magna Cum Laude while working as managing editor of the Pace Law Review.