Curtis Crowther and Trevor Bradley Author Delaware Business Court Insider Article on Restrictive Covenant Enforcement

Business Litigation Group lawyers Curtis Crowther and Trevor Bradley authored the article “Delaware Court Again Strikes Down Restrictive Covenant in the Sale of Business” published in Delaware Business Court Insider on April 5, 2023. In the article, Curtis and Trevor summarize the recent finding of the Delaware Court of Chancery that a restrictive covenant entered into in connection with the sale of a business was not enforceable. Restrictive covenants must be narrowly tailored to the geographic area reached by the seller and serve the buyer’s legitimate economic interests. The authors discuss the ramifications of the decision, which has advanced a developing trend in the Court of Chancery to scrutinize and refuse to enforce facially overbroad restrictive covenants in the context of the sale of a business. The authors note that purchasers in M&A transactions should not assume that courts applying Delaware law will automatically blue-pencil facially overbroad restrictive covenants, giving careful consideration should be given to geographic scope and temporal duration. Read the article.

Trevor Bradley Named to Junior Achievement of Greater Fairfield County – Lower Fairfield Advisory Board

Trevor Bradley has been appointed to the Junior Achievement of Greater Fairfield County – Lower Fairfield Advisory Board, effective November 30, 2022. Junior Achievement is dedicated “to inspiring and preparing young people to succeed, through programs which focus on financial literacy, work and career readiness, and entrepreneurship.” The organization provides essential business and life skills designed to empower students to envision and build their own successful futures “and help to close the opportunity gap.” Trevor previously served on the Junior Achievement of Greater Fairfield County – Stamford Community Board.

Benjamin Daniels, Arila Zhou, Trevor Bradley and Jenna Scoville Author SPAC Litigation Article for Bloomberg Law

Capital Markets + Securities member Arila Zhou and Business Litigation Group lawyers Benjamin Daniels, Trevor Bradley and Jenna Scoville co-authored, “Litigation & Enforcement Fallout of the SPAC Boom,” published by Bloomberg Law in August 2022.

The article explained that special purpose acquisition companies (SPACs), once the darlings of the financial world, have faced mounting opposition. Class-action litigation has arisen around the country, with a focus on disclosure obligations, fiduciary duties, and scienter. At the same time, the Securities and Exchange Commission (SEC) rolled out proposed rules to regulate SPACs.

The article discussed trends in those cases, including the standard to evaluate SPAC business decisions, the success of the “forward-looking-statement” defense, and courts’ treatment of scienter. It also discussed how SPACs remain a critical tool for private companies that want to go public through a business combination. Read more.

Ben Daniels and Trevor Bradley Author Law360 Expert Analysis Article on Judicial Shift on SEC Admin Process

Business Litigation Group lawyers Ben Daniels and Trevor Bradley authored the article “5^th Circ. Ruling Signals Judicial Shift On SEC Admin Process,” published in Law360 on June 27, 2022. The Expert Analysis article analyzes the recent decision from the U.S. Court of Appeals for the Fifth Circuit, Jarkesy v. SEC, which declared the Securities and Exchange Commission’s entire administrative process unconstitutional, under several different theories. The U.S. Supreme Court is expected to review this decision, as it would transform how securities are regulated in the U.S. Read the article.

John Cordani and Trevor Bradley Co-Author IPWatchdog Article on Notice Letters and Personal Jurisdiction

Intellectual Property + Technology Group lawyer John Cordani and Business Litigation Group lawyer Trevor Bradley authored the article, “Mailer’s Remorse: Notice Letters and Personal Jurisdiction for Declaratory Judgment Lawsuits,” published in IPWatchdog on May 12, 2022. The article focuses on the issuance of notice letters and personal jurisdiction. While there are many reasons why patent holders might want to put potential infringers on notice of their rights by sending cease-and-desist letters, providing such notice could subject it to personal jurisdiction for a declaratory judgment suit in a remote and inconvenient forum. A single notice letter might not be enough to sufficiently establish minimum contacts with the forum where the letter is sent. But a letter in conjunction with emails, phone calls and/or in-person meetings that often follow a notice letter may suffice depending on the circumstances. This is especially true where the communications are substantive and discuss the validity and enforceability of a patent or threaten litigation. “Patentees must think strategically before firing off cease-and-desist letters and during follow-up correspondence or meetings, lest they ultimately find themselves defending against a declaratory judgment suit in a faraway forum.” Read the full article.

Trevor Bradley Elected to McGivney Community Center Board of Directors

Business Litigation Group and Intellectual Property + Technology Group lawyer Trevor L. Bradley has been elected to serve on the McGivney Community Center Board of Directors. Founded 30 years ago, the McGivney Community Center is dedicated to fostering academic success and self-esteem in Bridgeport’s youth. The Center provides stimulating and enriching programs that help nurture their intellectual, creative, and physical growth to promote academic success and expand their feelings of confidence, integrity and character. Today, the McGivney Community Center annually serves more than 400 children on the east side of Bridgeport, with the dedicated purpose of lifting them up both now and in the future, providing a safe place in which to grow, discover their talents, and create long-lasting, positive changes in their lives and the community.