Shepherd, Finkelman, Miller & Shah, LLP
Shepherd, Finkelman, Miller & Shah, LLP
866-540-5505 877-891-9880

Dedicated Client Advocacy

SFMS Law Blog

Previous-salary discussions during job interviews on the wane?

Money, money, money.

Yes, workers certainly do like it when their so-called job "package" complements a decent salary with ancillary benefits relating to time off, promotion opportunities, employer retirement contributions and so forth.

Connecticut courts' scrutiny of a restrictive employment covenant

In today's blog entry, we zero in on the above heading's reference to restrictive covenants from the comparatively narrow focus of so-called "noncompete agreements," which can occasionally comprise the central subject matter for a Connecticut court in a business litigation dispute.

We took an introductory look at noncompetes in a post from last year, noting in our entry from November 1, 2016, the view of one commentator that such contracts should be more limited than is the case these days. That writer argued that noncompetition agreements are tools that are too often exploited by employers to unfairly limit the future opportunities of departing workers.

Qui tam fraud suit relator drops his claim, loses out on recovery

A federal judge says that a former qui tam whistleblower's voluntary decision to walk away from a fraud action he filed now "precludes him from clambering back on board for a share of the government's proceeds."

Unsurprisingly, the man's legal team views his withdrawal in a different light, alleging that their client's action, while ostensibly voluntary, was actually anything but that, and that government officials acted in bad faith in the matter. They vow to appeal the judge's recent ruling against the ex-whistleblower.

Consumer fraud: Who is most vulnerable to investment scams?

When many people in Connecticut and elsewhere conjure up images of victims susceptible to investment and other types of securities fraud, they might reasonably picture an isolated elderly person who lacks financial acumen, keeps money stashed around the house and is eager to talk with anyone who might call on the phone.

And that includes strangers with tales of gilded opportunities promising astonishing returns on money under the mattress that is entrusted to them.

Discrimination complaint highlights alleged ADA violation

Michael Trimble's disability is evident and well-established, but it seemingly had no connection with his ability to competently -- even admirably -- carry out his work-related duties at the Kroger supermarket chain's corporate offices in Portland, Oregon.

That lack of any apparent connection, coupled with what his legal team says is scant evidence that Kroger worked with him in any reasonable way to accommodate his disability, has led to the company's being named as a defendant in a federal discrimination lawsuit. Kroger is joined in that capacity by the temp agency that placed Trimble.

Supreme Court Waiting for Next Term to Handle Class Waiver Suits

Class actions allow individuals to seek redress in situations where it would be illogical or overly burdensome for them to pursue their case individually. For example, when individual damages incurred pale in comparison to the expenses of attorneys' fees and other costs associated with pursuing a case a class action may be the only way these cases see a court room. Some criticize class actions as being "anti-business" because they can result in massive settlements due to the aggregation of damages across the class.

Federal fraud case: Ex-financial adviser takes criminal plea deal

From wedding to, well, penitentiary.

That is the slated outcome for one high-level financial adviser who in the recent past was a former money-managing and investment executive with a national advising and securities firm.

Pharmaceutical Antitrust Suit Survives Motion to Dismiss

Recently pharmaceutical company Fresenius Kabi USA LLC ("Fresenius") accused Par Pharmaceutical Companies, Inc. ("Par") of abusing its monopoly on an anti-diuretic drug, which increases blood pressure in patients with vasodilatory shock, by increasing prices and preventing competitors from entering the market, which violates antitrust laws. On February 10, 2017, the U.S. District Court for the District of New Jersey allowed the case to proceed by denying Par's motion to dismiss.

CKE Restaurants Class Action Signifies Shift in Administrations

According to economic theory, monopolies stifle competition by disrupting the balance between supply and demand, which creates an unfair advantage for suppliers who raise prices for consumers. Recently this theory has been applied to the labor market. When monopolies limit the amount of choices in the job market, employees have little bargaining power in their wage or income. Antitrust laws are intended to protect the economy from monopolies.

Investors in Securities Case Call for Canada's Cooperation

In 2015, investors in Silver Wheaton Corporation ("Silver Wheaton" or the "Company") filed a securities fraud class action lawsuit against the Canadian company for concealing that the Company was facing a possible $207 million tax bill. Allegedly, Silver Wheaton failed to disclose the possibility of a tax reassessment by a Canada Revenue Agency ("CRA") audit. Silver Wheaton disclosed that the CRA has accused the Company of failing to pay taxes on $560 million in taxable income from 2005 to 2010 by wrongly attributing that income to its subsidiary in the Cayman Islands, which does not tax foreign corporate profits. Investors allege the Company and its officials knew or should have known about the potential tax liabilities, and illegally hid the Company's true financial information in order to inflate stock prices.