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  • May 17, 2017David T. Harmon Quoted in Ladders Article

    David T. Harmon, a Member of the law firm Norris McLaughlin, P.A. and Co-Chair of the firm’s Executive Compensation & Employee Benefits Group, was recently quoted in an article entitled “New case shows you have to check your LinkedIn contacts after leaving a job,” by Monica Torres on the website Ladders, a media publication on the workforce.

    The article discusses how a former employee of a global recruiting and staffing company was forced to remove thousands of her LinkedIn contacts because the company claimed the relationships didn’t belong to her, but the company. As the details of the employee’s employment contract or any confidentiality or non solicit agreement that may have been signed are unknown, one can only speculate whether she had the right to do so.

    The article continues to offer advice to the reader to avoid such a situation. Harmon offers a key point, stating, “If there’s one message to give to people, it’s really a matter of going in with your eyes and ears open, knowing what the policies and procedures are, asking what they are, so there’s clarification at the outset and really understanding what the agreement says within the restrictions.”

    Harmon focuses his practice on the areas of executive compensation, employment and business law.  He represents senior-level employees of both public and private companies in the negotiation of their employment packages and all associated agreements, whether at the commencement of the employment relationship or at termination.  Harmon’s successful negotiation of employment and severance packages for clients includes employment and post-employment compensation, confidentiality, non-compete, non-solicitation, and garden leave covenants, the Protocol for Broker Recruiting, change of control provisions, and benefits and protections within the structures and strategies for those packages. His representation also includes providing advice and counsel to employers in the negotiation of employment and severance packages with their employees, the design of human resources compliance programs, including employee policy manuals, and counseling and training concerning implementation of those policies. Harmon also provides neutral investigative services in employment matters. In 2012, he launched his blog Transitions in Employment, www.transitionsinemployment.com, which focuses on developments in executive compensation and employment law.

    Harmon is a member of the Business Law and Labor & Employment Sections of the New York State and American Bar Associations, and is a former member of the Board of Directors of the Wall Street Technology Association.  He received his J.D. from Syracuse University College of Law and his B.A. from Tufts University.

    Posted in: David T. Harmon, Executive Compensation and Employee Benefits, News | Tags:

  • Mar 02, 2017Charles Bruder & David Harmon To Present Webinar on Settlement and Severance Packages

    Charles A. Bruder and David T. Harmon, Members of the  law firm Norris McLaughlin, P.A., and Co-Chairs of the firm’s Executive Compensation and Employee Benefits Group, will present the webinar “Utilizing Settlement and Severance Packages” in conjunction with Lorman Education Services on Tuesday, March 21, from 1-2:30pm.

    Since employers, large and small, are dealing with more frequent changes in their employee populations than ever before, this webinar will help them understand key issues to address in a settlement or severance agreement to avoid litigation and that will benefit both the employer and the departing employee.  To learn more and to register, click here.  CLE, CPE, SHRM, HRCI, and NASBA credits are available.

    Bruder is experienced in all aspects of defined contribution and defined benefit plans, deferred compensation arrangements, stock option plans, employee stock ownership plans, and other incentive and equity-based compensation arrangements. He frequently counsels clients on plan qualification and administration issues, ERISA fiduciary matters, plan compliance issues, and employee benefits matters in the context of business reorganizations.  In addition, Bruder is knowledgeable in the handling of group health plans, cafeteria plans, and other health and welfare benefits arrangements. He is a frequent lecturer on employee benefits and has published articles in The Exempt Organizations Tax Review and New Jersey Law Journal and has been quoted in The Hedge Fund Law Report. Bruder received his LL.M., with distinction, from Georgetown University Law Center, his J.D. from Widener University School of Law, and his B.A. from LaSalle University.

    Harmon represents senior-level employees of both public and private companies in the negotiation of their employment packages and all associated agreements, whether at the commencement of the employment relationship or at termination.  His successful negotiation of employment and severance packages for clients includes employment and post-employment compensation, confidentiality, non-compete, non-solicitation, and garden leave covenants, the Protocol for Broker Recruiting, change of control provisions, and benefits and protections within the structures and strategies for those packages. Harmon’s representation also includes providing advice and counsel to employers in the negotiation of employment and severance packages with their employees, the design of human resources compliance programs, including employee policy manuals, and counseling and training concerning implementation of those policies. In 2012, Harmon launched his blog Transitions in Employment, which focuses on developments in executive compensation and employment law. Harmon is a member of the Business Law and Labor & Employment Sections of the New York State and American Bar Associations, and is a former member of the Board of Directors of the Wall Street Technology Association.  He received his J.D. from Syracuse University College of Law, where he was an editor of the Law Review, and his B.A. from Tufts University.

    Posted in: Charles A. Bruder, David T. Harmon, Executive Compensation and Employee Benefits, News | Tags: , , ,

  • Nov 14, 2016David T. Harmon Quoted in FundFire

    David T. Harmon, a Member of the law firm Norris McLaughlin, P.A. and Co-Chair of the firm’s Executive Compensation & Employee Benefits Group, was recently quoted in an article entitled “JPM Sues Advisors Who Left to Launch Indie Shop” by Danielle Verbrigghe in the November 9 issue of FundFire, a leading news service for professionals in the institutional and high-net-worth asset management industry.

    The article discusses yet another case involving the protections of the industry’s agreement called the Protocol for Broker Recruiting. J.P. Morgan was recently granted a temporary restraining order as it pursues an arbitration case against seven advisors who left to launch an independent shop with LPL Financial. J.P. Morgan claims the advisors violated their agreements and obligations by their conduct before and after resigning claiming breach of contract, misappropriation of trade secrets, breach of fiduciary duty, breach of loyalty, conversion and unfair competition, and other claims.

    J.P. Morgan is no stranger to pursuing claims against advisors who have left its private bank and other division not covered under the Protocol for Broker Recruiting. Harmon told FundFire that advisors leaving a firm, or a division of a firm, that isn’t a signatory to the Protocol, can’t avail themselves of its protections. He notes “If you don’t have Protocol protection, you have to take it up a couple notches in terms of how careful you’re going to be.” Harmon also says in order to avoid legal trouble when leaving a non-protocol signatory firm, advisors must adhere to their prior agreements, and work with the company they are joining, and legal counsel, to determine what’s permissible and what’s impermissible.

    Harmon focuses his practice on the areas of executive compensation, employment and business law.  He represents senior-level employees of both public and private companies in the negotiation of their employment packages and all associated agreements, whether at the commencement of the employment relationship or at termination.  Harmon’s successful negotiation of employment and severance packages for clients includes employment and post-employment compensation, confidentiality, non-compete, non-solicitation, and garden leave covenants, the Protocol for Broker Recruiting, change of control provisions, and benefits and protections within the structures and strategies for those packages. His representation also includes providing advice and counsel to employers in the negotiation of employment and severance packages with their employees, the design of human resources compliance programs, including employee policy manuals, and counseling and training concerning implementation of those policies. In 2012, Harmon launched his blog Transitions in Employment, which focuses on developments in executive compensation and employment law.

    Harmon is a member of the Business Law and Labor & Employment Sections of the New York State and American Bar Associations, and is a former member of the Board of Directors of the Wall Street Technology Association.  He received his J.D. from Syracuse University College of Law and his B.A. from Tufts University.

    Posted in: David T. Harmon, News |

  • Feb 10, 2009Norris McLaughlin, P.A.Forms Task Force To Address Emergent Executive Compensation & Employment Issues

    February 10, 2009

    Norris McLaughlin, P.A.
    721 Route 202-206
    Bridgewater, NJ 08807
    Contact: Edward C. Miller, Jr.
    Chief Marketing Officer
    (908) 722-0700, X-4224
    ecmillerjr@nmmlaw.com

    Norris McLaughlin, P.A.Forms Special Task Force To Address Emergent Executive Compensation and Employment Issues

     

    New York, NY and Bridgewater, NJ – Norris McLaughlin, P.A., has established a special task force, the Employment Strategies Task Force, to address emergent issues confronting both employers and employees in the current economy. The Task Force will address concerns in a range of disciplines, including executive compensation, employment, employee benefits, and other business-related areas facing pressing issues due to the economic climate. The Task Force will be chaired by David T. Harmon, Esq. For more information, you can contact Harmon by phone at (212) 808-0700, ext. 4335, or by email at dtharmon@nmmlaw.com.

    Recent events, like President Obama’s efforts to rein in corporate compensation with rules limiting executive pay for companies receiving taxpayer bailout funds, are drastically effecting the way business is conducted. The Employment Strategies Task Force will address these and other emergent issues associated with employment agreements, severance arrangements, and equity-based incentive compensation arrangements in today’s economic environment. The Task Force will counsel professionals on all aspects of employment arrangements, including the negotiation and drafting of employment agreements, and advising such individuals on incentive compensation. Task Force attorneys will also advise clients on all aspects of preparing and negotiating severance arrangements following an employment change or personnel downsizing.

    A resident of Short Hills, Harmon focuses his practice on the areas of executive compensation, employment and business law. He also represents institutions of higher education. He represents senior-level employees of both public and private companies in the negotiation of their employment packages and all associated agreements, whether at the commencement of the employment relationship or at termination. His successful negotiation of employment and severance packages for clients includes addressing all aspects of employment and post-employment compensation, respectively, and structures and strategies for those packages. His representation also includes providing advice and counsel to employers in the negotiation of employment and severance packages with their employees, and the design of compliance programs, including employee policy manuals, and counseling and training concerning implementation of those policies.

    Harmon frequently writes and is often quoted on executive compensation and employment issues. Recently, Employment Law 360 published an article he co-wrote, entitled “The Death of the Non-Compete? New York Broadcast Industry Employees No Longer Restricted From Broadcasting Their Services.” Harmon was quoted in FUNDfire, the leading source of all the competitive intelligence for the separately managed account industry and in the annual advisor compensation report, and Registered Rep., the financial professionals’ source for breaking news, advice, and what is happening in the industry. He was interviewed by The Metropolitan Corporate Counsel on Code §409A and its implications for employers. He also co-authored a chapter entitled “Perspectives for Management and Executives on Structuring and Negotiating the Package: It’s Not Just About the Dollars” for a book entitled Inside the Minds: Employee Benefits and Executive Compensation Client Strategies for Aspatore Books, a Thomson Business Publisher in 2008. In the Wall Street Technology Association’s Ticker Magazine, Harmon co-authored an article discussing employment compensation packages for IT executives in “Executive Compensation: Don’t Forget the Fringe Benefits.”

    Harmon is a member of the New York State (Business Law, Labor & Employment Law, and Entertainment, Arts and Sports Law Sections) and American (Business Law and Labor & Employment Law Sections) Bar Associations, as well as the National Association of College and University Attorneys. He is a former member of the Board of Directors of the Wall Street Technology Association. Harmon practices out of the firm’s New York City office.

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    Posted in: David T. Harmon, Executive Compensation and Employee Benefits, News |

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