Publications

Section Newsletter Articles From Howard Z. Gopman

Fraud Enforcement and Recovery Act of 2009 By Howard Z. Gopman Business and Securities Law, May 2010 A brief summary of the criminal and civil provisions of the Act.
Decision explains policy as to enforcement of restrictive covenants in employment agreements By Howard Z. Gopman Business and Securities Law, August 2008 In Brown and Brown, Inc. v. Patrick, Mudron and Cornolo and Thompson, Ltd. and Gunderson (Brown), 379 Ill. App.3d 724, 887 N.E.2d 437, 2008 WL 681848, 27 IER Cases 539, Ill.App. 3 Dist., March 11, 2008 (NO. 3-06-0908), the Third District Appellate Court made some interesting comments relative to the enforcement of restrictive employment covenants in affirming a summary judgment in favor of the employee.
Seventh Circuit overturns arbitration decision based on failure to specifically adhere to state substantive law By Howard Z. Gopman Business and Securities Law, April 2008 In Edstrom Industries, Inc. v. Companion Life Insurance Company the Seventh Circuit Court of Appeals took the unusual step of overturning an arbitrator’s decision on the basis that the arbitrator failed to apply specific substantive law.
Fifth Circuit Court of Appeals upholds the use of FLP against IRS attack By Howard Z. Gopman and Maria Motev Business and Securities Law, December 2004 In David A. Kimbell, Sr. Independent Executor Under the Will Of Ruth A. Kimbell, Deceased v. U.S., the Fifth Circuit Court of Appeals meticulously examined the facts and concluded that the use of an FLP (family limited partnership) could be upheld.
Incomprehensible arbitration award enforceable on appeal By Howard Z. Gopman Business Advice and Financial Planning, June 2002 The plaintiff, IDS Life Insurance Company and American Express Financial Advisors, Inc., appealed, a decision of the arbitrators, which had denied the plaintiffs all the relief they had sought
Seventh Circuit decision discusses “deferral” of information as violation of 10b-5 By Howard Z. Gopman Business and Securities Law, February 2002 In Gallagher v. Abbott Laboratories et al, 269 F.3d 806 (7th Circuit 2001), the court discussed the duty to disclose bad news in light of section 10(b) and Rule 10b-5 under the Securities Exchange Act of 1934. See 15 U.S.C.A. § 78j(b); 17 C.F.R. § 240.10b-5.
Offshore trust upheld by Second Circuit By Howard Z. Gopman Business and Securities Law, April 2001 In Securities Exchange Commission v. Brennen, Docket No. 00-6128, decided on October 26, 2000, by the Second Circuit Court of Appeals, the court interpreted the automatic stay provisions of the bankruptcy code to protect an offshore asset protection trust.

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