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        Fall 2016 Newsletter
     
       


Schaller

Ambassador André Schaller, Consul General of Switzerland in New York, with Marc Redlich at Lausanne event in Boston. 
Dear Friends and Colleagues,
 
     I hope that you and your family had a pleasant and enjoyable summer.  Over the past several months we have been involved in a number of successful matters that I thought you might be interested in hearing about.  

     Recently we negotiated the departure of one of my clients from a large business corporation so that he could begin his own business.  The hurdle to be overcome was a tightly drafted noncompetition clause which would have prevented him from working with customers he had developed over the years with his former employer. While clearly at a disadvantage, we were successfully able to work with the company to fashion a business arrangement by which my client shared some of his profits with the former employer for a discrete period of time following his departure. This permitted my client to carry on business and survive financially in his new company despite the non-compete clause while also permitting his longtime clients the freedom to work with whomever they chose.   Over many years I have represented companies enforcing non-competition agreements, and defended employees and their new employers seeking to avoid their restrictions. There are good arguments presented by both sides of this issue. That being said, one of the drawbacks of noncompete clauses is that the customers and clients are prevented
from continuing a relationship with the person they want to work with – a factor often overlooked in the argument for and against non-compete clauses.
   
     I have written before about a Will contest involving a client of mine who was born in Austria and lived for many years in the U.S.  After I filed her Will for probate in my role as the nominated executor, litigation was commenced initially by one of the decedent’s relatives, who ironically was not mentioned in either of my client’s Wills.  She was later joined in the case by the Salvation Army, which was named as a beneficiary in the prior Will, but not in the final one.  As a result of my suggestion that the client see a psychiatrist upon her move to Austria, I was able to take the deposition of her psychiatrist in Vienna, and we were able to confirm that my client was indeed competent to make her new Will before her departure for Austria.  We have succeeded in settling the case and enabled payment to the beneficiary of my client’s last Will, as well as a portion to the other side. The settlement was occasioned by the realization on all sides that continued litigation would deplete the estate and that it was better to
reach a compromise than see the estate substantially diminished by fees and administrative costs. 

     November promises to be a busy month as later in the month. I will be in New York City arbitrating an employment discrimination case before the securities industry’s forum, FINRA. The case arises out of a financial banking institution’s actions which we consider discrimination and retaliation based on my client’s disability, and which eventually resulted in his dismissal. 

     In the first part of November, I will be attending the Management Committee meeting of ij International Jurists in Cyprus.  ij is an organization of nearly 40 law firms around the world dedicated to providing the best representation and advice to clients with business interests and activities outside their own countries. 

     I will be presenting remarks and participating in a panel at the Annual Conference of the German-American Lawyers Association, which will be held in Cambridge at The Harvard Law School. This will be a good opportunity to share thoughts and concerns with my colleagues both here and in Germany about legal issues and concerns between our two countries. 
 
     I recently attended the inauguration of “The Park at D Street” adjacent to the Boston Convention and Exhibition Center, by invitation of David Gibbons, the newly appointed Executive Director of the Convention Center.  David has extensive experience in the hotel and travel industry, having been General Manager of among others, the Drake Hotel in New York City, and the Taj and Swissotel in Boston.  

     As Director of the Boston Eric M. Warburg Chapter of the American Council on Germany, we continue to sponsor monthly luncheon speaker events.  The most recent was a talk by the Newsweek journalist and author Andrew Nagorski, co-sponsored and held at Brandeis University this month, at which he discussed his new book “The Nazi Hunters”.  Our next speaker luncheon on October 28 will be held in conjunction with the Boston University Center for the Study of Europe, featuring Thorsten Benner, Director of the Global Public Policy Institute (GPPI), and a member of the faculty of the Hertie School of Governance in Berlin, who will speak about the difficult leadership position of Germany within the EU. He will be joined by former U.S. Ambassador to NATO, Hon. Kurt Volker, and Boston University Professor Joseph Wippl.  

     I continue to serve as a member of the Board of Directors of Friends of Switzerland and as a participant in activities with Swissnex, the Swiss Consulate in Cambridge, and the American Swiss Foundation in New York.  I attended a recent event sponsored by Swissnex and the General Consul of Switzerland in Boston, attended by business and government leaders from Lausanne.  Photos from some of these recent events are enclosed.  

     This year, FOSI’s Stratton Prize winners are three Swiss artists who developed the “Swiss Style” of graphic design.  The Stratton Prize recognizes outstanding people in the arts, humanities, science and business, and who have made a lasting contribution to the relationship between the U.S. and Switzerland.  The Dinner will be held on October 21.
 
     For more information about upcoming FOSI and ACG events this coming year, please feel free to contact me directly, or go to our website where you will find links to these organizations’ websites and events.  

     We continue to practice in a wide range of legal areas, including corporate, business and commercial law, trials and appeals, real estate issues, employment, discrimination, divorce and university law.  If you have any questions about our areas of practice or about any legal matters where we can be of assistance to you or someone you know, both here and abroad, please do not hesitate to call on me.

     As always, I look forward to hearing from you, and send you my best wishes for a healthy and successful Fall season.
                       
                                                   Kindest personal regards,
                                                    Marc Redlich









 






Moesner
Dr. Felix Moesner, Swiss Consul and Director of Swissnex-Boston, with Marc Redlich.
 
Gibbons
Marc Redlich with David Gibbons, Executive Director of the Boston Convention and Exhibition Center.


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