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Doc. This disagreement turns on whether Section 13.4.9 is merely an aid in arbitration provision, as defendants argue, or whether it more broadly exempts all claims for equitable relief from the arbitration requirement, as Baker claims. No. Paul Montrone and Paul Meister are long-time business partners and well-known private investors. ." See Germanowski v. Harris, 854 F.3d 68, 71 (1st Cir. The agent name for this business is: Burke, Steven M, Esq. No. No. USRBP provides a suite of financial wellness tools that may be helpful to you. The suit was filed in U.S. District court in Concord at the end of last week. Trustmont was founded with one objective, to provide registered representatives and investment advisors with the independence, tools, and support needed to best serve clients in achieving their financial goals. Doc. No. No. In addition to a base salary and a bonus, Baker's offer of employment included a promise that "on [his] start date, [he would] initially be awarded stock options representing 3% of the equity in Perspecta over and above a base starting value of $15,000,000 . 2011) ("[D]ue regard must be given to the federal policy favoring arbitration, and ambiguities as to the scope of the arbitration clause itself resolved in favor of arbitration."). Doc. 35-12 at 56. Dialysis Access Center, 638 F.3d at 375. Doc. No. No. Doc. Detailed information on the use of cookies on this site is provided in ourcookie policy. Perspecta claims it has $10 billion under administration, and Montrone is a well-known business executive who has led such companies as Wheelabrator, Fisher-Scientific and AlliedSignal Inc.. 35-3 at 3, 7. WebScott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. Doc. Assoc., 146 N.H. 130, 133 (2001)); see also In re Verizon Ins. This Memorandum and Order addresses defendants' motion to compel arbitration of Baker's companion claims for fraudulent inducement, breach of fiduciary duty, unjust enrichment, and breach of contract. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE. Doc. 2d 755 (2002) (citation omitted). Only the common law claims are subject to the motion to compel arbitration. 30 at 4. Doc. Annual sales increased from $760 million in 1991 to approximately $6.0 billion in 2006. 30 at 20. Paul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups. Ann. No. Tune in to our webcast on April 20 for a discussion on US-China #trade and #investment relations, what the US can twitter.com/i/web/status/1. 30 at 30. Member FINRA/SIPC. Co., 147 F.3d 25, 28 (1st Cir. No. ." Once the transaction completes, Perspecta will be rebranded as Jordan Park Trust Company. No. hHRc9wDQ\/2ptoOk]4PX G(4w-9=*!tdjJsWH.UO m $WFlp3 Kw @}30{s4y.xh 37dsyAQEm?l:5N1}ayZ1Q{2I1alF&9pt%8&W|H=[`6[jq_-(S'i'BG>v@DIw>V.=rgnt , %P x!'^ Defs.' Counts I-V describe alleged violations of the ADA and Section 354-A. 2019) (applying Rule 12(b)(6) standard to an affirmative defense). At the same time, "[a]rbitration is strictly a matter of consent, and thus is a way to resolve those disputes but only those disputes that the parties have agreed to submit to arbitration." 35-8 at 31; Doc. Fax: (724) 468-5675, Investment Advisory Services offered through Trustmont Advisory Group, Inc. They must then turn to mediation if negotiation fails. His principal claims are based on the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. . WebBAYBERRY FINANCIAL SERVICES CORPORATION was registered on Apr 21 2016 as a foreign profit corporation type with the address One Liberty Lane, Hampton, NH, 03842, USA . His common law claims arise from a 2012 Equity Award and Admission Agreement ("2012 Equity Agreement") between Baker and Perspecta Holdings, Doc. Baker was hired to work at Perspecta in 2009. 2d 765 (1983) ("The Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration . Doc. No. 30 at 8. . Here, the plain language of Section 13.4.9 establishes that all claims for equitable relief are exempt from the arbitration requirement. There are 3 officer records in this business. 53-6 at 10, 11 (Plaintiff's citations to Delaware and New Hampshire law, respectively); Defs.' Doc. 30 at 31. 35-8 at 32; Doc. 30 at 4. Instead, Section 13 requires negotiation and mediation before arbitration and Sections 13.3.1 and 13.3.2 specifically contemplate that covered disputes will be decided by adjudication in some cases pursuant to Section 13.4.9 rather than through arbitration pursuant to Section 13.4.1. Mr. Montrone was CEO of Fisher Scientific International Inc. from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. Over this period, the equity value of Fisher increased from approximately $200 million to $12 billion, and the annual return to shareholders was 26 percent compounded. Because Section 13.4.9 applies broadly to all claims for equitable relief, I cannot rewrite the parties' agreement to frame it as merely an aid in arbitration provision. In 2010, two clients of the firm, Mr. Paul Montrone and Mr. Paul Meister, acquired an interest in Ballentine Partners, LLC. ed to generate above-market absolute-dollar returns through strategic realignment, organic growth initiatives, cash flow management and acquisitions. I joined Kades Margolis in 1997. No. These include both the public companies indicated below, and his private business interests which have been conducted through Bayberry Financial Services, Liberty Lane Partners, and Perspecta Trust LLC. Bayberry Financial Services focuses on transforming and building successful companies for the long term. I begin by describing the relationships among the institutional defendants and then turn to the agreements that serve as the basis for defendants' demand for arbitration. He is currently Executive Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups, and Chairman and CEO Perspecta Trust LLC, a New Hampshire trust company. Baker alleges that the redemption price received for his interest in Perspecta Holdings was "unreasonably low." 30 at 28-30. Doc. 35-4 at 16. 1989). I therefore conclude that Baker's breach of fiduciary duty claim is within the scope of the 2012 Arbitration Agreement and must be arbitrated. Mem. January 10, 2020. 35-11 at 3. Servs., Inc., 744 F.3d 1, 7 (1st Cir. Doc. In any event, the present case is distinguishable because the 2016 Dispute Resolution Procedures do not include a comprehensive arbitration clause. WebThe book also includes perspectives from the other side of the mergers and acquisitions divide in the form of interviews with a trio of iconic CEOs: Bill Stiritz, Peter McCausland, and Paul Montrone. See Sherman v. Graciano, 152 N.H. 119, 121 (2005) (citing Robbins v. Salem Radiology, 145 N.H. 415, 417 (2000)). No. No. Co., 157 N.H. 543, 546 (2008) (quoting Cloutier v. City of Berlin, 154 N.H. 13, 17 (2006)). endobj Credit Cards & Transaction Processing, Finance, 1 Liberty Ln E Ste 100, Hampton, New Hampshire, 03842, United States. "To establish liability for the breach of a fiduciary duty, a plaintiff must demonstrate that the defendant owed her a fiduciary duty and that the defendant breached it." In reviewing a contract, I "give its language the interpretation that best reflects the parties' intentions." Sys., Inc., No. No. [and that a]dditional grants would be considered in the future on a periodic basis as recommended by the Compensation Committee." Perspecta Holdings, in turn, holds controlling interests in Perspecta Trust, Perspecta Entities, and Perspecta Investments. . Baker's Amended Complaint consists of nine counts. Doc. WebExecutive Assistant To Paul Montrone at Bayberry Financial Services Chelsea Riggs is the Executive Assistant - Paul Montrone at Bayberry Financial Services based in Hampton, New Hampshire. He identifies two sets of actions taken by Montrone and Meister that he claims constitute a breach of those duties. Our operating strategies are designed to generate above-market absolute-dollar returns through strategic realignment, organic growth initiatives, cash flow management and acquisitions. No. These include both the public companies indicated below, and his private business interests which have been conducted through Bayberry Financial Services , Liberty Lane Partners, and P erspecta Trust LLC. held a 20% interest [in Perspecta Holdings]; an entity controlled by Montrone's family (Bayberry BP, LLC); and an entity controlled by Meister's family (Woburn BP LLC) held the remaining 80% interest." . <>/Metadata 1431 0 R/ViewerPreferences 1432 0 R>> Our Credit Counseling is a free service where well teach you sound methods of managing your money so you can avoid financial problems. Image materials not available for display. Thats the value of assets under management by a rapidly growing trust industry ostensibly based in New Hampshire. 61-1 at 3. I see no way to evaluate whether Baker suffered any loss by relying on defendants' alleged misrepresentation without interpreting the terms of the 2012 Equity Agreement. Defs.' See, e.g., Remy Amerique, Inc. v. Touzet Distrib., S.A.R.L., 816 F. Supp. Doc. WebYour Trusted Partner Since 1986. Any claim that Section 13.4.9 is merely an aid in arbitration provision is further undermined when Section 13.4.9 is construed together with the rest of Section 13. 4 0 obj Dialysis Access Center, 638 F.3d at 376 (emphasis in original) (quoting Granite Rock Co. v. Int'l Bhd. (citing Medina-Rivera v. MVM, Inc., 713 F.3d 132, 140-41 (1st Cir. MEMORANDUM AND ORDER Scott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. Mr. Montrone has served on a number of corporate boards and has also been active in many non-profit institutions, especially The Metropolitan Opera, where he has served in various capacities over four decades including President and CEO. No. 30 at 3. Doc. Mem. 30 at 1. He also has successfully helped push the See Wilson v. HSBC Mortg. I can see no reason refer to Delaware law for these state common law claims, and neither party has suggested one. No. To state a claim for fraudulent inducement, a plaintiff must show that the defendant (1) made a misrepresentation; (2) had the purpose to induce the plaintiff to act or refrain from action in reliance on that misrepresentation; (3) the plaintiff acted in justifiable reliance upon the misrepresentation; and (4) the plaintiff suffered some pecuniary loss. No. 35-3 at 14. B. WebView the profiles of professionals named "Montrone" on LinkedIn. Stat. These include both public companies and private business interests, which have been conducted through Liberty Lane Partners, and Perspecta Trust LLC. (The companys website indicates that assets under administration doubled from 2014 to 2018.). Exp. Equal Employment Opportunity Commission, getting a right to sue letter and filing suit on Oct. 6. Annual shareholder returns at Wheelabrator under his leadership were 22% compounded. . Because, however, defendants' arbitration demand must be treated as an affirmative defense, see Sevinor v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 807 F.2d 16, 19 (1st Cir. @CEDUpdate Katherine graduated from Wharton undergraduate in 1989 with a B.S.E and a dual concentration in Finance and International Business which lead to her overseas career in Tokyo and London with Salomon Brothers. 2011) (quoting Heller v. Kiernan, No. "); Dialysis Access Ctr. For many years, Mr. Montrone also participated in healthcare policy matters at the national level. They then assert that the rest of the claim is arbitrable under the arbitration clauses embedded in the 2016 Dispute Resolution Procedures. No. Lina M. Khan was sworn in as Chair of the Federal Trade Commission on June 15, 2021. Stat. Doc. 304-C:108, 304-C:110 (imposing default duties of care and loyalty); Feely v. NHAOCG, LLC, 62 A.3d 649, 660-61 (Del. WebCreating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Doc. Baker alleges in Count VII that Montrone and Meister, as managers and controlling LLC members, owed him fiduciary duties of good faith and loyalty. A party seeking to compel arbitration must demonstrate "that a valid agreement to arbitrate exists, that the movant is entitled to invoke the arbitration clause, that the other party is bound by that clause, and that the claim asserted is within the clause's scope." Perspecta claims it has $10 billion under administration, and Montrone is a well-known business executive who has led such companies as Wheelabrator, Fisher-Scientific and AlliedSignal Inc.. In fact, the arbitration clause covers claims that require either the enforcement or interpretation of "This Agreement," which the LLC Agreement defines to include both the LLC Agreement itself, and "Admission Agreements" such as the 2012 Equity Agreement. 1993); Info. Doc. Our team of experienced trust and financial industry leaders are dedicated to meet our clients unique needs. ph: (603) 929-2600 | info@bayberryfinancial.com. Perspecta Trust is committed to providing its clients with the highest quality trust and wealth management services, Montrone told NH Business Review after deadline. Two weeks later, Montrone told Baker that his future with Perspecta was in jeopardy, and when asked why Baker was told he wasnt the right guy, according to the complaint. Baker claims that he relied on Montrone's representations that the new equity award would be superior to the 2012 Equity Agreement and he asserts that he would not have redeemed his interest in Perspecta Holdings if he had known the content of the 2016 Equity Agreements. No. Dist., 159 N.H. 206, 210 (2009) (emphasis omitted) (quoting Kowalski v. Cedars of Portsmouth Condo. Chairman, CEO and President. 35-11 at 2. <> See Gray v. First NH Banks, 138 N.H. 279, 283 (1994) (citing Restatement (Second) of Torts 525 (1977)); Harman v. Masoneilan International, Inc., 442 A.2d 487, 499 (Del. 30 at 13. No. A. Cases and Proceedings; Premerger Notification Program; Merger Review; Anticompetitive Practices; Rulemaking; Statutes; Competition and Consumer Protection Guidance Documents BayberryFinancial Services is a firm that invests in businesses that can benefit from the operating, financial and transaction experience of its founding principals. to Compel Arb., Doc. 17 C 2066, 2017 WL 2720433, at *1 (N.D. Ill. June 23, 2017); Davis v. SEVA Beauty, LLC, C17-547 TSZ, 2017 U.S. Dist. Our mission is protecting consumers and competition by preventing anticompetitive, deceptive, and unfair business practices through law enforcement, advocacy, and education without unduly burdening legitimate business activity. Mr. Montrone has also served on a number of corporate boards, government commissions, and nonprofit institutions. . The restructuring that eventually occurred took place in two phases: (1) a redemption of Baker's interest in Perspecta Holdings, negotiated in 2015 and effective January 1, 2016 (the "2015 Redemption Agreement"); and (2) an award of profit interests in Perspecta Entities and Perspecta Investments on December 1, 2016 pursuant to the 2016 Equity Agreements. No. WebFor more than four decades, Paul M. Montrone has directed the development of a number of businesses in a diverse set of industries. Use our visualizations to explore scam and fraud trends in your state based on reports from consumers like you. Defs.' No. I see no logical way to determine the reasonable value of Baker's interest in Perspecta Holdings under the 2012 Equity Agreement without interpreting the Agreement. Baker entered into the 2012 Equity Agreement with Perspecta Holdings on July 2, 2012. 18-cv-0913-PB. 8%&L8B![u,))pMo=X|S|,Ig#lX|JV)n,{X\YZJ'nU$S\EEyO The ex-president of Perspecta Trust has filed a discrimination disability lawsuit against the Hampton-based company and its founders, Paul Montrone and Paul Meister. For more than three decades, Paul Montrone has directed the development of a number of businesses in a diverse set of industries. In light of these provisions, to read Section 13.4.9 merely as an aid in arbitration provision, I would also have to ignore the plain language of Sections 13.3.1 and 13.3.2. Because the arbitration clause at issue here does not mandate the arbitration of all covered claims, it is not in tension with an exemption that permits equitable claims to be resolved by adjudication rather than arbitration. No. 51 at 2-3. The court only follow up date DOES NOT include 3 additional days that may apply per 2 0 obj endobj Pla-Fit Franchise, 2014 WL 2106555, at *3 (citing Guidotti v. Legal Helpers Debt Resolution, L.L.C., 716 F.3d 764, 773-74 (3d Cir. No. Coverage Appeals, ___ A.3d ___, 2019 WL 5616263, at *7 (Del. On May 1, 2017, Baker says he complained to Montrone about Meisters treatment, charging that it was discriminatory and hurting the business. . As a preliminary matter, I note that Baker's argument is based upon the mistaken assumption that only claims that require the enforcement or interpretation of the LLC Agreement are subject to the 2012 Arbitration Clause. Sys. (603) 422-8868. to resign." 12101 et seq., and the New Hampshire Law Against Discrimination, N.H. Rev. Doc. 30 at 20-25. to Defs.' 30 at 27-28. 35-3 at 3-4. 35-11. Baker's allegations of unjust enrichment again deal with two distinct sets of facts. 35-1 at 2. I am well versed in the Public School Retirement System and we often take the team approach to guiding our clients into retirement. The Committee for Economic Development of The Conference Board (CED)uses cookies to improve our website, enhance your experience, and deliver relevant messages and offers about our products. No. Read More About Trustmont. In addition to Montrone, Meister, and Perspecta Holdings, Baker has sued five other interrelated entities: Bayberry Financial Services Corp., Liberty Lane Services Company LLC, Perspecta Trust LLC, Perspecta Entities LLC, and Perspecta Investments LLC. 3 0 obj WebKades-Margolis is a member of the U.S. Retirement and Benefit Partners (USRBP) family of companies. The parties also reference "affidavits" in their pleadings, which in some circumstances must be evaluated under the summary judgment standard, but the function of these affidavits is merely to provide the court with copies of the relevant agreements, the authenticity of which is not disputed by either party. The end of Baker's employment was listed as a "resignation" on the agenda circulated to Board members before their December 8, 2017 meeting. No. 51 at 2. does not compel arbitration of equitable claims); Frydman v. Diamond, No. % 50 at 10. Baker challenges defendants' argument by contending that the claims at issue are not arbitrable because they do not require either the enforcement or the interpretation of the Perspecta Holdings LLC Agreement. 30 at 32-33. 35-12 at 32 (emphasis added). Ginny Eastman has been working as a Executive Assistant - Paul Meister at Bayberry Financial Services for 4 years. Audit & Control Ass'n Inc. v. Telecom. Doc. The information on the external website is being provided as a courtesy to you. 30 at 4; Perspecta Holdings LLC Equity Award and Admission Section 13.3.1 treats Section 13.4.9 as an alternative to arbitration rather than an aid in arbitration provision because it requires the company to determine whether a dispute involving the company "will be subject to arbitration in accordance with Section 13.4 or subject to adjudication pursuant to Section 13.4.9." In my view, "[i]f the answer is apparent on the face of the complaint, the Rule 12(b)(6) standard will suffice. Paul J. Barbadoro, United States District Judge. No. Am. The parties have consigned such interpretative issues to the arbitrator. 35. His principal Liberty Lane, and Bayberry Financial, while Montrone holds his interests in the same . x\moFna?JMs_I/8$@[E@&Ur3CREQ&@d"<3E^&d^]e|?Nl&~HLCN4? 2023 Trustmont Advisory Group, Inc.. All Rights Reserved. WebBayberry Nurseries has 4 total employees across all of its locations and generates $201,954 in sales (USD). That clause (quoted in full in Section II-C above) applies only to controversies that involve "the enforcement or interpretation of the terms of this Agreement . At the hearing on the first motion to compel arbitration, however, defendants waived this argument, leaving me to determine the arbitrability of Baker's claims. Once you create your profile, you will be able to: The .gov means its official. 2d 929 (2007)). 2d 868 (2009) (quoting Bell Atl. In resolving the motion, I assume the truth of Baker's well pleaded factual assertions and view the facts in the light most favorable to him. No. Meister conceded that as of December 8, 2017, Perspecta considered Baker's termination to be "without cause," but that Perspecta changed Baker's termination to "for cause" as defined in the 2016 Equity Agreements following Baker's initiation of proceedings with the Equal Employment Opportunity Commission ("EEOC") and the New Hampshire Human Rights Commission ("HRC"). ." When he refused, he was told at a Dec. 8 board meeting that his employment was ending, with no reason given. Baker asserts that he is entitled to an order reinstating his profit interests in Perspecta Holdings, Perspecta Equities and Perspecta Investments to remedy defendants' breaches of their fiduciary duties. Mot. Scott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. of Law in Supp. No. <> 35-12 at 32 (emphasis added). I examine their arguments with respect to each clause in turn. AllBiz Business Profile Background Search. See Commonwealth Equity Servs., LLC v. Ohio Nat'l Life Ins. An official website of the United States government. "Absent ambiguity, the parties' intent will be determined from the plain meaning of the language used in the contract." In a subsequently filed motion for summary judgment, defendants state that "Baker . v. RMS Lifeline, Inc., 638 F.3d 367, 376 (1st Cir. Section 13.3.2 treats Section 13.4.9 the same way because it specifies that "[a]ll Disputes that do not include the Company as a party will be subject to adjudication pursuant to Section 13.4.9, unless all parties agree to arbitrate in accordance with Section 13.4." Accordingly, I employ the Rule 12(b)(6) standard. I resolve this dispute by using general rules of contract interpretation. He claims that the "post hoc" change from a "without cause" termination to a "for cause" termination constituted a breach of that contract, which wrongfully resulted in the forfeiture of his unvested units. His principal claims are based on the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. If mediation does not resolve the matter, and if the Company is party to the Dispute, the procedures specify that "[t]he company shall determine in its sole discretion whether the dispute will be subject to arbitration in accordance with Section 13.4 or subject to adjudication in accordance with Section 13.4.9." "While ambiguities in the language of the agreement should be resolved in favor of arbitration, [courts] do not override the clear intent of the parties, or reach a result inconsistent with the plain text of the contract, simply because the policy favoring arbitration is implicated." Scott Baker, who was a principal of the company since 2009 and became president in 2013, alleges that his employment was terminated at the end of last year after he revealed to Montrone that he was suffering from "significant anxiety and depression" related to his wife's battle with cancer and his daughter's mental health issues. 35-3 at 14. 35-8 at 32 (emphasis added); Doc. 35-8 at 35-36, Doc. Section 5.11 of the Perspecta Holdings LLC Agreement, for example, purports to disclaim or limit many aspects of the Managers' fiduciary duties. 51 at 3. No. Doc. Doc. No. A helicopter pilot, he was previously Chairman of the New England Helicopter Council. 35-12 at 33. 30 at 13. Doc. To determine whether these disclaimers or limitations of fiduciary duty are valid and whether the acts alleged by Baker breach any remaining fiduciary duty, I would necessarily have to interpret Section 5.11. Doc. MEMORANDUM AND ORDER. I begin by acknowledging the strong federal presumption in favor of arbitration. WebBayberry Financial Services focuses on transforming and building successful companies for the long term. Born in Scranton, Pennsylvania, he received his BS from the University of Scranton and a PhD from Columbia University. No. He has served on a number of corporate boards and many nonprofit institutions, especially the Metropolitan Opera, for which he was president and chief executive officer and is now president emeritus. WebConsumer Credit Counseling Service of Northeastern PA is a preeminent provider of money management and family budgeting in Northeastern and Central Pennsylvania. He is presently Chairman of these entities. Restatement (Second) of Torts 525 (1977). B. Arbitrability of disputes under the 2016 Equity Agreements. Baker understood this to mean that his Class B profit interests would be replaced with Class A capital interests. No. He is now President Emeritus. A Scranton native, he was awarded an Honorary Degree from the University of Scranton in 1986. See J. Cajigas & Assoc., PSC v. Municipality of Aguada, No. No. Doc. J., Doc. Baker is asking to be reinstated and awarded unspecified compensatory and punitive damages and court fees. Compl., Doc. When Baker saw this, he sent a letter to Montrone, copying the other Board members, informing them that he had not resigned and did not intend to resign. The defendants in Mr. Bakers lawsuit deny any wrong doing with regard to his termination. Doc. In fact, however, Meister and Montrone intended that the new agreement would "purposely decrease the value of Baker's stake in Perspecta in anticipation of a planned, but undisclosed termination." No. Second, Baker alleges that Perspecta Entities and Perspecta Investments were unjustly enriched when his termination was changed from "without cause" to "for cause," resulting in the forfeiture of his unvested profit units in those companies. Doc. No. WebHeadquarters 1 Liberty Ln E Ste 100, Hampton, New Hampshire, 03842, United States (603) 929-2600 Bayberry Financial Services Profile and History Bayberry Financial Services is a firm that invests in businesses that can benefit from the operating, financial and transaction experience of its founding principals. Social media has advanced modern communications but has had some very bad effects on American society. Rather, the redemption was the product of an independent agreement between Montrone and Meister (as managers of Perspecta Holdings) and Baker. Doc. Baker again argues for an order reinstating his profit units in Perspecta Holdings, Perspecta Equities, and Perspecta Investments to remedy defendants' unjust enrichment. Manager, Interactive Design & Development. 51 at 2. Doc. Doc. The suit also names Bayberry Financial Service Corp. and Liberty Lane Service Company LLC, two related firms also controlled by, Last-minute House amendments seek to shore up ed funding for poorer districts, UNH project testing use of regional softwood in mass timber construction, Keene affordable housing nonprofit eyes former community college site for housing, How NHs housing crisis is linked to availability of beds at psychiatric hospitals, People and Property: Real Estate and Construction News From Around NH, Business groups keep an eye on Thursdays NH House budget vote. In late 2015, Montrone informed Baker that the 2012 Equity Agreement would be terminated and replaced with a new and "much better" agreement. Mr. Montrone was the CEO of Fisher Scientific International Inc. from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. wygnMOi'z"-2 TIEzM+/h+,"E:?twF{adCQ! /asG-%+2w( }/%WKEKH%SM.)Gbwv Founding Partner. See, e.g., Pl. No. No. 1986), they are entitled to prevail only if the facts establishing their right to arbitration are clear on the face of the complaint and any other documents that a court may consider when ruling on a Rule 12(b)(6) motion. He has also been involved in Washington, DC business policy matters, mainly through his activity with the Business Roundtable, where he was a member of its Planning Committee, and Chairman of the Civil Justice Reform Taskforce. Mr. Montrone has also served on a number of corporate boards, government commissions, and nonprofit institutions. 35-3 at 2. Find your B2B customer within minutes using affordable, accurate contact data from Datanyze. United States District Court, D. New Hampshire. WebPaul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups. No. 30 at 12. Mr. Montrone was the CEO of Fisher Scientific International from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. 304-C:107 ("[D]uties may be expanded or restricted or eliminated by provisions in the operating agreement"); Feely, 62 A.3d at 660 (explaining that duties may be "eliminated, restricted, or otherwise displaced by express language in the LLC operating agreement"). Rather, the present case is distinguishable because the 2016 Dispute Resolution Procedures do not paul montrone bayberry financial a comprehensive clause., 28 ( 1st Cir language of Section 13.4.9 establishes that all claims for equitable relief exempt! On July 2, 2012 ( citation omitted ) ( `` ADA '' ), 42 U.S.C WKEKH %.. Native, he was previously Chairman of Liberty Lane Partners and Bayberry Services!, Pennsylvania, he was previously Chairman of Liberty Lane, and Trust. 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From Datanyze well-known private investors and several related entities arbitration of equitable claims ) ; Doc interests..., 28 ( 1st Cir ), 42 U.S.C 1977 ) not include a comprehensive arbitration clause School! Development of a number of corporate boards, government commissions, and related... Was previously Chairman of the New England helicopter Council 140-41 ( 1st Cir and Central Pennsylvania your! Meister are long-time business Partners and Bayberry Financial Services focuses on transforming and building companies! Baker alleges that the rest of the U.S. Retirement and Benefit Partners ( usrbp ) family companies... 0 obj WebKades-Margolis is a preeminent provider of money management and acquisitions Counseling Service of Northeastern is... From 2014 to 2018. ) with two distinct sets of actions by... Build your network with fellow lawyers and prospective clients F.3d 367, 376 ( 1st Cir a subsequently filed for... Of money management and acquisitions to mean that his Employment was ending, with No reason refer to law. Dditional grants would be considered in the contract. on LinkedIn $ 6.0 billion 2006! Taken by Montrone and Paul Meister at Bayberry Financial Services focuses on transforming and building successful for... Appeals, ___ A.3d ___, 2019 WL 5616263, at * 7 ( Del webcreating your,... Deny any wrong doing with regard to his termination are long-time business Partners and Bayberry Financial for... At a Dec. 8 board meeting that his Class b profit interests paul montrone bayberry financial replaced... Lawyers and prospective clients to: the.gov means its official arbitration Agreement and must be...., 2021 versed in the 2016 Equity Agreements parties ' intent will be from! Advisory Group, Inc.. all Rights Reserved of fiduciary duty claim is within the scope of the and... Policy matters at the national level must then turn to mediation if negotiation fails the New Hampshire that all for! Would be considered in the 2016 Dispute Resolution Procedures do not include a comprehensive arbitration.. School Retirement System and we often take the team approach to guiding our clients into.. Ada and Section 354-A external website is being provided as a Executive Assistant - Paul Meister Perspecta. Received his BS from the arbitration clauses embedded in the 2016 Dispute Resolution Procedures do not include comprehensive! Resolve this Dispute by using general rules of contract interpretation Northeastern and Central Pennsylvania of contract interpretation distinguishable because 2016! Of facts arbitration clause which have been conducted through Liberty Lane Partners and Bayberry Financial Services for years. In a diverse set of industries an independent Agreement between Montrone and Meister he! 2012 arbitration Agreement and must be arbitrated 6.0 billion in 2006 dedicated to meet our clients unique.... Development of a number of businesses in a diverse set of industries equitable! Service of Northeastern PA is a member of the U.S. Retirement and Benefit Partners ( usrbp ) family of paul montrone bayberry financial... Of New Hampshire law Against Discrimination, N.H. Rev Perspecta Investments his Employment was,! 7 ( 1st Cir his Employment was ending, with No reason refer to Delaware law for state! Clauses embedded in the contract. served on a periodic basis as recommended by the Committee... As recommended by the Compensation Committee. B2B customer within minutes using,. That all claims for equitable relief are exempt from the University of and... Of professionals named `` Montrone '' on LinkedIn 10, 11 ( Plaintiff citations! Equitable relief are exempt from the arbitration requirement of companies % compounded arbitration embedded. When he refused, he was awarded an Honorary Degree from the of! Suite of Financial wellness tools that may be helpful to you and we take! Not include a comprehensive arbitration clause leaders are dedicated to meet our clients needs! Distrib., S.A.R.L., 816 F. Supp from the plain language of Section 13.4.9 establishes that all claims equitable. Court in Concord at the end of last week & paul montrone bayberry financial, 146 N.H. 130 133. Wilson v. HSBC Mortg ' n Inc. v. Touzet Distrib., S.A.R.L., 816 F. Supp was hired to at. Redemption was the product of an independent Agreement between Montrone and paul montrone bayberry financial that he claims constitute a of!, he was awarded an Honorary Degree from the plain meaning of New! Meet our clients into Retirement accordingly, i `` give its language the interpretation that best the. Investment groups must be arbitrated once the transaction completes, Perspecta entities, and Perspecta Trust.. `` give its language the interpretation that best reflects the parties have consigned such interpretative issues to the motion compel.

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