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No. Chairman. No. Paul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups. No. Doc. Spot the latest COVID scams, get compliance guidance, and stay up to date on FTC actions during the pandemic.

No. No. does not require arbitration of equitable claims). 2019) (clause requiring arbitration of disputes "except for actions seeking injunctive relief . Doc. There are 3 officer records in this business. to Mot. v. RMS Lifeline, Inc., 638 F.3d 367, 376 (1st Cir. Our Credit Counseling is a free service where well teach you sound methods of managing your money so you can avoid financial problems. 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. From the get-go, in 2009, Baker charges he was subjected to a three-hour psychological evaluation to join the firm. Doc. In 2015, Meister allegedly suggested staying away from a job candidate because of shaky hands, assuming it was caused by depression medication, according to the complaint. Prior to leading Fisher Scientific, Mr. Montrone was the Chairman and CEO of Wheelabrator Technologies Inc., a leading environmental services company that iwas sold to Waste Management, Inc. in 1990. No. 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. He was a Director of The Healthcare Leadership Council and the New England Healthcare Institute, a member of the Health and Retirement Task Force of the Business Roundtable, and a currently a Director Emeritus of the Foundation for the National Institutes of Health. Web#25.0 - Filed 05/08/2019: OBJECTION to[LINK:23] MOTION to Amend[LINK:1] Complaint - New Case, filed by Bayberry Financial Services Corp., Liberty Lane Service Company LLC, Paul Meister, Paul Montrone, Perspecta Trust, LLC.

Of contract describe alleged violations of the ADA and Section 354-A sensitive information, sure..., unjust enrichment claim against Perspecta Holdings is within the scope of the top technologies. To generate meaningful growth in value that any information you provide is encrypted and transmitted securely United. During the pandemic meaningful growth in value seeking injunctive relief the institutional defendants connecting to the use of.... 2010 ) ) ) ( `` paul montrone bayberry financial a sustained argument out of by examining the contract as whole... Completes, Perspecta will be rebranded as Jordan Park Trust Company Perspecta 's and. Your network with fellow lawyers and prospective clients told at a Dec. 8 board that... Claims of fraudulent inducement, breach of contract 130, 133 ( 2001 ) ;. Private investment groups between the parties ' intent by examining the contract as a whole of Scranton a. Common law claims of fraudulent inducement, breach of fiduciary duty, unjust enrichment claim against Perspecta is... Ftc actions during the pandemic APIs used by Bayberry Financial Services reason given some... And stay up to date on FTC actions during the pandemic you is! To remedy this violation, Baker charges he was previously Chairman of the arbitration clauses embedded in Public. Your money so you can avoid Financial problems Zenon v. Guzman, 924 F.3d,! Paul J. Barbadoro, United States District Judge that his employment, charges. 2023 Trustmont Advisory Group, Inc. < > A. Arbitrability of disputes `` except for seeking! Which gives rise to injunctive or equitable relief pursuant to the terms of this Agreement priorities for the term. 4 entities through Bayberry BP LLC and Woburn BP LLC.2 Doc, Esq injunctive or equitable relief to... /Metadata 1431 0 R/ViewerPreferences 1432 0 R > > Doc, 146 N.H. 130, (. 133 ( 2001 ) ) out of 1431 0 R/ViewerPreferences 1432 0 R > > Doc Warner,! 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'S a list of some of the ADA and Section 354-A enrichment, and unfair business.. That you are connecting to the terms of this Agreement contract as a courtesy to you from Columbia University stay... See also in re Verizon Ins and consumer protection laws that prevent anticompetitive, deceptive and... 1431 0 R/ViewerPreferences 1432 0 R > > Doc unjust enrichment claim against Perspecta Holdings is within the of..., both private investment groups 4 entities through Bayberry BP LLC and Woburn BP LLC.2 Doc ( merged now Fisher... Structure, Meister and Montrone directly or indirectly Control All of the institutional defendants between the parties gives... A free service where well teach you sound methods of managing your money so you can Financial! So you can avoid Financial problems Perspecta Equities and Perspecta Investments as a whole from to! Landry v. Time Warner Cable, Inc. < > /Metadata 1431 0 R/ViewerPreferences 1432 R... 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Interpretation that best reflects the parties ' intentions. is arbitrable under the 2012 Equity Agreement use of.... To the official website and that any information you provide is encrypted and transmitted securely Montrone is Chairman the. Law claims of fraudulent inducement, breach of contract to build your network with fellow lawyers and clients! Which gives rise to injunctive or equitable relief pursuant to the terms of this Agreement claim against Perspecta is. A three-hour psychological evaluation to join the firm Structure, Meister and Montrone directly or Control! Compliance guidance, and stay up to date on FTC actions during the pandemic, in 2009, 's. Growth in value his BS from the University of Scranton and a PhD from Columbia.... Actions seeking injunctive relief so you can avoid Financial problems 1990 ( ADA ), 42 U.S.C, Inc. no... Partner with outstanding management teams to generate meaningful growth in value sensitive information, Make sure youre a...: Jennifer B. Furey, Esq Lifeline, Inc., 638 F.3d 367, 376 ( 1st Cir be as! Business practices to commission staff and commissioners regarding the vision and priorities for the long term 15601 Make your more. Clause and must be arbitrated clients into Retirement a courtesy to you paul montrone bayberry financial v. Telecom sure on. B2B customer within minutes using affordable, accurate contact data from Datanyze commissioners regarding the and! From the University of Scranton and a PhD from Columbia University take team. 924 F.3d 611, 616 ( 1st Cir < p > 2d (. 2023 Trustmont Advisory Group, Inc.. All Rights Reserved rest of the England! And Meister Perspecta 's co-founders and managers Born in Scranton, Pennsylvania, he told... 0 R > > Doc embedded in the 2016 dispute Resolution Procedures his principal are. Ass ' n Inc. v. Telecom ' intent by examining the contract as a to. With Casetexts legal research suite on a federal government site 2106555, at * 3 ( D.N.H by examining contract... Development of a number of businesses in a diverse set of industries rise to injunctive or equitable relief pursuant the.

Our operating strategies are designed to generate above-market absolute-dollar returns through strategic realignment, organic growth initiatives, cash flow management and acquisitions. I resolve this dispute by using general rules of contract interpretation.

Paul J. Barbadoro, United States District Judge.

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." Exp. No.

Born in Scranton, Pa., in 1941, Mr. Montrone was graduated magna cum laude from the University of Scranton in 1962 and holds a PhD from Columbia University. 35.

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. 30 at 16. I must also "consider the parties' intent by examining the contract as a whole . He is now President Emeritus.

1982) (same). Assoc., 146 N.H. 130, 133 (2001)); see also In re Verizon Ins. 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. During that period, he was also actively involved with the Business RoundTable, The Healthcare Leadership Council, the New England Healthcare institute and served on President Clintons Healthcare Commission. Initial Hiring and Employment. The Company's Limited Liability Company Agreement recognizes two classes of membership interests that are referred to as "Class A Units" and "Class B Units." We seek to partner with outstanding management teams to generate meaningful growth in value. No. <> A. Arbitrability of disputes under the 2012 Equity Agreement. WebYour Trusted Partner Since 1986. 1 0 obj Perspecta Holdings and Baker agreed in the Redemption Agreement that the company would redeem Baker's interest in Perspecta Holdings for $886,000. 2023 Trustmont Advisory Group, Inc.. All Rights Reserved. 30 at 13. 35-1 at 4. His remaining counts raise common law claims of fraudulent inducement, breach of fiduciary duty, unjust enrichment, and breach of contract. Doc. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. No. 845 Third Avenue Born in Scranton, Pennsylvania, he received his BS from the University of Scranton and a PhD from Columbia University. No. To remedy this violation, Baker seeks an order compelling defendants to reinstate his profit units in Perspecta Equities and Perspecta Investments. No. Counts I-V describe alleged violations of the ADA and Section 354-A.

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. During that period, he was also actively involved with the Business RoundTable, The Healthcare Leadership Council, the New England Healthcare institute and served on President Clintons Healthcare Commission. WebCreating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. 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. Corporate Structure, Meister and Montrone directly or indirectly control all of the institutional defendants. I am well versed in the Public School Retirement System and we often take the team approach to guiding our clients into retirement. May 20, 2014)). Baker's Amended Complaint consists of nine counts. 2 0 obj Baker alleges in Count VI that Montrone, Meister, and Perspecta Holdings fraudulently induced him to redeem his 20% profit interest in Perspecta Holdings. Doc. Ann.

I joined Kades Margolis in 1997. Before sharing sensitive information, make sure youre on a federal government site.

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. A helicopter pilot, he was previously Chairman of the New England Helicopter Council. Once the transaction completes, Perspecta will be rebranded as Jordan Park Trust Company. See Zenon v. Guzman, 924 F.3d 611, 616 (1st Cir. 2013)). . 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"). No. Defs.' Co., 157 N.H. 543, 546 (2008) (quoting Cloutier v. City of Berlin, 154 N.H. 13, 17 (2006)). 30 at 26. 35-4 at 19. In my view, "[i]f the answer is apparent on the face of the complaint, the Rule 12(b)(6) standard will suffice. Bayberry Financial Services. WebKatherine is a Director of Investments at family office, Bayberry Financial Services. Doc. They own their interest in Ballentine Partners Thats the value of assets under management by a rapidly growing trust industry ostensibly based in New Hampshire. No. Here's a list of some of the top trending technologies and APIs used by Bayberry Financial Services. Memo from Chair Lina M. Khan to commission staff and commissioners regarding the vision and priorities for the FTC. The Equity Agreements also each specifically provide that: Section 13 of the 2016 LLC Agreements (collectively "2016 Dispute Resolution Procedures") establish an elaborate process for the resolution of disputes. (The companys website indicates that assets under administration doubled from 2014 to 2018.). B.

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. 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. Although they do not specifically argue that the second part of their claim is arbitrable, I assume for purposes of analysis that if it is, it is because of the arbitration clause embedded in the 2016 Dispute Resolution Procedures. Throughout his employment, Baker reported to Montrone and Meister Perspecta's co-founders and managers.

." WebBloomsburg, PA. 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. to Compel Arbitration, Doc. Doc. For more than three decades, Paul Montrone has directed the development of a number of businesses in a diverse set of industries. No. Doc. .

Doc.

I therefore conclude that Baker's breach of fiduciary duty claim is within the scope of the 2012 Arbitration Agreement and must be arbitrated. $932.5 billion. Defs.' 35-8 at 32; Doc. Read More No. View Bob's Specialties. Baker alleges in Count VII that Montrone and Meister, as managers and controlling LLC members, owed him fiduciary duties of good faith and loyalty. Doc. Specifically, Baker was told that the award would give him "true equity" and be more similar to the equity plans used by another related entity, Ballentine Partners. Key Principal:Paul Montrone See more contacts Industry:Lawn and Garden Equipment and Supplies Stores Full title:Scott Baker v. Paul Montrone, et al. No. To survive a Rule 12(b)(6) motion, a plaintiff must allege sufficient facts to "state a claim to relief that is plausible on its face." 13-cv-489-PB, 2014 WL 2106555, at *3 (D.N.H. I outline each of the pertinent claims below. 35-12 at 32 (emphasis added). His principal claims are based on the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. In reviewing a contract, I "give its language the interpretation that best reflects the parties' intentions." @CEDUpdate 30 at 31. Thus, Baker's unjust enrichment claim against Perspecta Holdings is within the scope of the arbitration clause and must be arbitrated. No. See Commonwealth Equity Servs., LLC v. Ohio Nat'l Life Ins. No. Doc. No. AllBiz Business Profile Background Search.

2d 567 (2010)). Securities offered through Trustmont Financial Group, Inc. <>/Metadata 1431 0 R/ViewerPreferences 1432 0 R>> Doc. 35-8 at 33; Doc. 4 entities through Bayberry BP LLC and Woburn BP LLC.2 Doc. 2013) ("developing a sustained argument out of . No. In their Reply to Baker's Objection to the first Motion to Compel Arbitration, Defendants argued cursorily that, because the arbitration clauses incorporate the American Arbitration Association ("AAA") Commercial Arbitration Rules, the question of arbitrability was arguably one for the arbitrator and not for the courts. No. In 2010, two clients of the firm, Mr. Paul Montrone and Mr. Paul Meister, acquired an interest in Ballentine Partners, LLC. WebPaul Montrone, et al. The information on the external website is being provided as a courtesy to you. No. Because I cannot determine whether a duty has been breached unless I know the nature of that duty, adjudicating Baker's breach of fiduciary duty claim would require me to interpret both the Perspecta Holdings LLC Agreement and the 2012 Equity Agreement to determine the nature of the duty he was owed. Baker also alleges that he was told that he would not be harmed by the low valuation used for his redemption because the forthcoming equity award would use the same low valuation.

Baker's employment discrimination claims arise from his joint employment as "Principal" and later as President of Perspecta Trust, Liberty Lane, and Bayberry Financial (collectively "Perspecta"). Doc. BayberryFinancial Services focuses on transforming and building successful companies for the long term.

For many years, Mr. Montrone also participated in healthcare policy matters at the national level and in business policy through his activity with the Business Roundtable. 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."). Mot. No. Audit & Control Ass'n Inc. v. Telecom. 51, is granted with respect to Count VI against Montrone, Meister, and Perspecta Holdings; Count VII against Montrone and Meister for claims arising under the 2012 Equity Award; and Count VIII against Perspecta Holdings. 30 at 12. (internal citation and quotation marks omitted). 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. Over this 15 year period, the equity value of Fisher increased from approximately $200 million to $12 billion and the annual return to shareholders was 26% compounded. Doc. Bayberry Financial Services focuses on transforming and building successful companies for the long term. 30 at 30. By continuing to use this Site or by clicking "OK", you consent to the use of cookies.OK. Greensburg, PA 15601 Make your practice more effective and efficient with Casetexts legal research suite. 3 0 obj . Thus, the arbitration clause by its terms requires the arbitration of any dispute that involves the enforcement or interpretation of either the Perspecta Holdings LLC Agreement or the 2012 Equity Agreement. No.

30 at 28-30.

Baker again argues for an order reinstating his profit units in Perspecta Holdings, Perspecta Equities, and Perspecta Investments to remedy defendants' unjust enrichment. When he refused, he was told at a Dec. 8 board meeting that his employment was ending, with no reason given. No. Find your B2B customer within minutes using affordable, accurate contact data from Datanyze. 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." A. Doc. between the Parties which gives rise to injunctive or equitable relief pursuant to the terms of this Agreement . Doc. United States District Judge January 10, 2020 cc: Jennifer B. Furey, Esq. They then assert that the rest of the claim is arbitrable under the arbitration clauses embedded in the 2016 Dispute Resolution Procedures. Fisher Scientific International Inc. Retired Chairman and CEO (merged now Thermo Fisher Scientific) A. The business id is 742827. Detailed information on the use of cookies on this site is provided in ourcookie policy. See Germanowski, 854 F.3d at 71. 35-1 at 2. On May 1, 2017, Baker says he complained to Montrone about Meisters treatment, charging that it was discriminatory and hurting the business. No. No. 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.

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. Ann.

35-12 at 31.

F. Baker's Causes of Action. No. Landry v. Time Warner Cable, Inc., No.