Jack G. Bair v. Merrill Lynch Pierce Fenner & Smith and Barry M. Barbush; NASD 05-04460; action for breach of fiduciary duty and unsuitability. This matter was settled following mediation held in Philadelphia, Pa., on December 30, 2005. While the terms are confidential, they may be viewed on Barry Barbush's CRD as available through the websites of NASD and the Pennsylvania Securities Commission.
PWI, INC. v. Charles Denmon; Adams County Court of Common Pleas; 11-S-108; July, 2011; action by PWI against our client to enforce a post employment restrictive covenant. FOUND: Restrictive covenant not enforceable because it was agreed to post-hire, without additional consideration.