paul montrone bayberry financial

AllBiz Business Profile Background Search. The defendants in Mr. Bakers lawsuit deny any wrong doing with regard to his termination. Corp., 460 U.S. 1, 24-25, 103 S. Ct. 927, 74 L. Ed. 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. 2019) (applying Rule 12(b)(6) standard to an affirmative defense). Doc. Stat. 30 at 25- 33. 35-3 at 14. Baker's allegation, in essence, is that he justifiably relied on the defendants' knowing misrepresentations that the 2012 Equity Agreement would be replaced with a "much better" award, and that the 2016 Equity Agreements left him worse off. Throughout his employment, Baker reported to Montrone and Meister Perspecta's co-founders and managers. My wife and business partner, Anne, has been with Kades Margolis since 1999. Doc. In reviewing a contract, I "give its language the interpretation that best reflects the parties' intentions." 2013)). Bayberry Financial Services. 12101 et seq., and the New Hampshire Law Against Discrimination, N.H. Rev. Doc. See Wilson v. HSBC Mortg. 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. Defendants argue that the first part of Baker's breach of fiduciary duty claim is arbitrable pursuant to the 2012 Arbitration Clause. Trustmont is a member of both the Financial Industry Regulatory Authority (FINRA) and the Securites Investor Protection Corporation (SIPC), and is also a Registered Investment Advisor with the Securities and Exchange Commission (SEC). to Compel Arbitration, Doc. In 2010, two clients of the firm, Mr. Paul Montrone and Mr. Paul Meister, acquired an interest in Ballentine Partners, LLC. Second, Baker alleges that, once his equity was reduced, Montrone and Meister breached their fiduciary duties by seeking to force his resignation and, ultimately, terminating him in a manner that caused him to forfeit his profit units in Perspecta Entities and Perspecta Investments. 1993); Info. ed to generate above-market absolute-dollar returns through strategic realignment, organic growth initiatives, cash flow management and acquisitions. Doc. 30 at 3-4. Under Mr. Montrones leadership, Fisher was transformed from a North American manufacturer and distributor into a global enterprise supplying research, testing and clinical laboratories in 150 countries with over 600,000 products and services. 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." Here's a list of some of the top trending technologies and APIs used by Bayberry Financial Services. 50 at 10. 4 0 obj Doc. One thousand of Baker's Class B units vested immediately upon execution of the Agreement, with the remainder vesting at a rate of 500 units annually until his interest fully vested on January 1, 2015. Realty Trust v. CC Enters., 147 N.H. 137, 141 (2001). No. By continuing to use this Site or by clicking "OK", you consent to the use of cookies.OK. No. The suit was filed in U.S. District court in Concord at the end of last week. 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. B. No. endobj No. 35-12 at 35-36. 30 at 3. . 30 at 15. Therefore, "courts must rigorously enforce arbitration agreements according to their terms." On December 1, 2017, Perspecta's counsel informed Baker that his last day of employment would be December 8, 2017. WebMichael P. Toppan is the Owner at Michael Toppan Interior Design in Hampton Falls, New Hampshire. No. <> Defs.' Doc. 35-12 at 32 (emphasis added). For more than three decades, Paul Montrone has directed the development of a number of businesses in a diverse set of industries. 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. 's Mem. 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. Class A Units represent capital interests and Class B Units represent profit interests. He is now President Emeritus. Perspecta Entities LLC Agreement, Doc. Baker said he confided in Montrone the trauma he was undergoing in his personal life during a meeting concerning his equity plan at the start of 2016. Defendants assert that Baker's unjust enrichment claim is arbitrable under the 2012 Arbitration Clause. Ginny Eastman has been working as a Executive Assistant - Paul Meister at Bayberry Financial Services for 4 years. 35-7, Doc. See, e.g., Archer & White Sales, Inc. v. Henry Schein, Inc., 935 F.3d 274, 283-84 (5th Cir. 13-cv-489-PB, 2014 WL 2106555, at *3 (D.N.H. We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. Doc. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE. He also has successfully helped push the Under the terms of the 2016 Equity Agreements, if Baker had been terminated without cause, his interests in Perspecta Entities and Perspecta Investments would have accelerated and vested. Restatement (Second) of Torts 525 (1977). Baker alleges that his inability to effectively negotiate the terms of this restructuring is related to the disability underlying his ADA and Section 354-A claims. WebConsumer Credit Counseling Service of Northeastern PA is a preeminent provider of money management and family budgeting in Northeastern and Central Pennsylvania. 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"). 16-cv-507-SM, 2018 WL 4697578, at *1 (D.N.H. Doc. Doc. However, once his termination was categorized as for cause, his stake in both companies was forfeited. MEMORANDUM AND ORDER Scott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. During the Clinton Administration, he was a member of the Presidents Advisory Commission on Consumer Protection and Quality in the Health Care Industry, as well as a founder of the National Forum for Health Care Quality Measurement and Reporting. 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. . No. Stat. 35-8 at 33; Doc. Doc. Ch. 35-12 at 31. Only the common law claims are subject to the motion to compel arbitration. A helicopter pilot, he was previously Chairman of the New England Helicopter Council. Montrone, the CEO and chair ofProspectus board of directors, and Meister, who is vice chair, both fostered a work environment that was hostile to those with disabilities by insisting on a robust and healthy workforce, the complaint alleges. Key Principal:Paul Montrone See more contacts Industry:Lawn and Garden Equipment and Supplies Stores to Compel Arb., Doc. of Teamsters, 561 U.S. 287, 299, 130 S. Ct. 2847, 177 L. Ed. We seek to partner with outstanding management teams to generate meaningful growth in value. Our operating strategies are designed to generate above-market absolute-dollar returns through strategic realignment, organic growth initiatives, cash flow management and acquisitions. Read More About Trustmont. Mem. ." to resign." This allegation is twofold: first, Baker asserts that defendants knowingly misrepresented the value of his units; and second, Baker claims that Meister and Montrone represented to him that his redeemed interest in Perspecta Holdings would be replaced with a "much better" equity plan, even though Meister and Montrone in fact planned to reduce Baker's interest as a part of an undisclosed plan to terminate him. Search the Legal Library instead. Stat. of Obj. To evaluate this claim, I must, at minimum, compare Baker's financial position under the 2016 Equity Agreements to the position he would have been in, had he retained his profit interest under the 2012 Equity Agreement. 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." 35-3 at 14. 35-1 at 4. 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. 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. Meister directly holds his interest in Perspecta Holdings, Liberty Lane, and Bayberry Financial, while Montrone holds his interests in the same entities through Bayberry BP LLC and Woburn BP LLC. The parties have consigned such interpretative issues to the arbitrator. 30 at 18. Paul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups. 35-8 at 32 (emphasis added); Doc. 845 Third Avenue Equal Employment Opportunity Commission, getting a right to sue letter and filing suit on Oct. 6. I joined Kades Margolis in 1997. 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. Doc. Co., No. 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. Doc. 35-11 at 3. First, he alleges that Perspecta Holdings was unjustly enriched when Baker redeemed his profit interest in that company for an "unreasonably low value." Information about Bakers expensive medication used to treat his condition was put in his personnel file, and Meister distanced himself from Baker and excluded him from meetings, according to the complaint, Despite this, Baker said that the company thrived, achieving record revenues in 2017, and being named one of the Top 5 Trust Companies in the World by the Society for Trust and Estate Practitioners in 2015, 2016 and 2017, the complaint says. The motion to compel Arbitration, `` courts must rigorously enforce Arbitration agreements according their... Seq., and unfair business practices however, once his termination teams generate..., Inc., 935 F.3d 274, 283-84 ( 5th Cir a Units profit! To use this Site or by clicking `` OK '', you consent to the motion to compel Arb. Doc. 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