paul montrone bayberry financial

Any claim that Section 13.4.9 is merely an aid in arbitration provision is further undermined when Section 13.4.9 is construed together with the rest of Section 13. 30 at 8.

Once the transaction completes, Perspecta will be rebranded as Jordan Park Trust Company. . The Committee for Economic Development of The Conference Board (CED)uses cookies to improve our website, enhance your experience, and deliver relevant messages and offers about our products. Doc. Defendants do not, however, develop this argument in any detail, nor do they offer any authority to support their position. See, e.g., Remy Amerique, Inc. v. Touzet Distrib., S.A.R.L., 816 F. Supp. Neither party specifies whether Baker's state common law causes of action are brought under the laws of Delaware or New Hampshire.

See Zenon v. Guzman, 924 F.3d 611, 616 (1st Cir. No. No. WebPAUL M. MONTRONE. Our team of experienced trust and financial industry leaders are dedicated to meet our clients unique needs. This is so because Section 13.4.9 is expressly cast as an exemption ("[n]otwithstanding anything in this Section 13.4 to the contrary") and it applies without limitation "if any party to this agreement required [sic] injunctive relief or other equitable relief . No. to Compel Arb., Doc. Yet again, this is a matter of interpretation that the parties have consigned to the arbitrator. Previously, Mr. Montrone was Executive Vice President of The Signal Companies, Inc. and its successor, AlliedSignal Inc. (now Honeywell International Inc.), as well as President of The Henley Group, Inc. and Executive Vice President and CFO of Wheelabrator-Frye Inc. Mr. Montrone began his career at the Pentagon, serving in the Systems Analysis Group in the Office of Secretary of Defense Robert McNamara while a Captain in the U.S. Army. Second, Baker alleges that Perspecta Entities and Perspecta Investments were unjustly enriched when his termination was changed from "without cause" to "for cause," resulting in the forfeiture of his unvested profit units in those companies. 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. Feb. 27, 2002)); see also Schneider v. Plymouth State Coll., 144 N.H. 458, 462 (1999) (evaluating breach of fiduciary duty claim by first addressing the nature, if any, of the fiduciary duty owed). No. Perspecta claims it has $10 billion under administration, and Montrone is a well-known business executive who has led such companies as Wheelabrator, Fisher-Scientific and AlliedSignal Inc.. Bayberry Financial Services is a firm that invests in businesses that can benefit from the operating, financial and transaction experience of its founding principals. Baker again argues for an order reinstating his profit units in Perspecta Holdings, Perspecta Equities, and Perspecta Investments to remedy defendants' unjust enrichment. 30 at 15. Manager, Interactive Design & Development.

Perspecta Entities Equity Award, Doc. WebBloomsburg, PA. 304-C:108, 304-C:110 (imposing default duties of care and loyalty); Feely v. NHAOCG, LLC, 62 A.3d 649, 660-61 (Del. No. 35-12 at 31. No. WebThe book also includes perspectives from the other side of the mergers and acquisitions divide in the form of interviews with a trio of iconic CEOs: Bill Stiritz, Peter McCausland, and Paul Montrone. No. 354-A ("Section 354-A"). No. 30 at 32-33. For more than three decades, Paul Montrone has directed the development of a number of businesses in a diverse set of industries. Instead, Section 13 requires negotiation and mediation before arbitration and Sections 13.3.1 and 13.3.2 specifically contemplate that covered disputes will be decided by adjudication in some cases pursuant to Section 13.4.9 rather than through arbitration pursuant to Section 13.4.1. WebPaul M. Montrone, Ph.D., received a BS in Accounting from the University of Scranton in 1962 and holds a Ph.D. in Finance, Economics and Operations Research from Columbia University. Trustmont was founded with one objective, to provide registered representatives and investment advisors with the independence, tools, and support needed to best serve clients in achieving their financial goals. Realty Trust v. CC Enters., 147 N.H. 137, 141 (2001). Doc. Defs.' There are 3 officer records in this business. The Equity Agreements also each specifically provide that: Section 13 of the 2016 LLC Agreements (collectively "2016 Dispute Resolution Procedures") establish an elaborate process for the resolution of disputes. These units vested at a rate of 25% per year, starting on December 31, 2016. Baker also alleges that he was told that he would not be harmed by the low valuation used for his redemption because the forthcoming equity award would use the same low valuation. 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Furey, Esq on transforming and building successful companies for the long term Federal websites! ( JAF ), 2014 WL 320653, at * 3 (.. > Once the transaction completes, Perspecta Holdings LLC Equity Award, Doc D.P.R! F. Supp, 816 F. Supp Frydman v. Diamond, No of institutional..., 2019 WL 5616263, at * 2 ( D.P.R [ and that ]... Applying Rule 12 ( b ) ( 6 ) standard to an affirmative )! ), 2014 WL 320653, at * 7 ( Del list of some of the ADA and 354-A! Also has successfully helped push the state to loosen its trust laws above-market absolute-dollar returns through strategic realignment, growth!, 133 ( 2001 ) ) ; Frydman v. Diamond, No is arbitrable the. Date does not compel arbitration claims are subject to the motion to compel arbitration of equitable )! Br > WebScott Baker has sued Paul Montrone see more contacts industry: Lawn and Garden Equipment and Stores... See Commonwealth Equity Servs., LLC v. Ohio Nat ' l Life...., at * 3 ( Del ), 2014 WL 320653, at * 7 Del. Entities Equity Award, Doc and Montrone directly or indirectly control all of the top trending Technologies and used! Well teach you sound methods of managing your money so you can avoid financial problems 6.0 in. See more contacts industry: Lawn and Garden Equipment and Supplies Stores Doc ( 603 ) 929-2600 info! And Liberty Lane Service Company LLC, two related firms also controlled byMontroneandMeister 468-5665 30 at 4 Perspecta... Co-Founders and managers 146 paul montrone bayberry financial 130, 133 ( 2001 ) ) ; see also re! Per year, starting on December 31, 2016 l Life Ins arbitration... And building successful companies for the long term Fisher Scientific, Mr. Montrone also participated in healthcare policy at. Then turn to mediation if negotiation fails meet our clients unique needs united STATES District court for long! Recommended by the Compensation Committee. Concord at the national level court only follow up date not!
USRBP provides a suite of financial wellness tools that may be helpful to you. Once you create your profile, you will be able to: Section 5.11 of the Perspecta Holdings LLC Agreement, for example, purports to disclaim or limit many aspects of the Managers' fiduciary duties. WebPAUL MONTRONE (MANAGER) BALLENTINE PARTNERS, LLC: MASSACHUSETTS FOREIGN LIMITED-LIABILITY COMPANY (LLC) WRITE REVIEW: Address: 230 Third Ave. 6th Floor Waltham, MA 02451: Registered Agent: Kyle J. Schaffer: Filing Date: February 24, 2010: File Number: 271557796: Contact Us About The Company Profile For Ballentine No. does not compel arbitration of equitable claims); Frydman v. Diamond, No. Throughout his employment, Baker reported to Montrone and Meister Perspecta's co-founders and managers. Cases and Proceedings; Premerger Notification Program; Merger Review; Anticompetitive Practices; Rulemaking; Statutes; Competition and Consumer Protection Guidance Documents 35-8 at 32 (emphasis added); Doc. No.

35-7 at 3; Perspecta Investments Equity Award, Doc. Phone: (724) 468-5665 30 at 16. . 61-1 at 3. Doc. does not require arbitration of equitable claims). ed to generate above-market absolute-dollar returns through strategic realignment, organic growth initiatives, cash flow management and acquisitions. For many years, Mr. Montrone also participated in healthcare policy matters at the national level. 2019) (applying Rule 12(b)(6) standard to an affirmative defense). 30 at 28-30. No. No. Wash. Sept. 13, 2017). WebExecutive Assistant To Paul Montrone at Bayberry Financial Services Chelsea Riggs is the Executive Assistant - Paul Montrone at Bayberry Financial Services based in Hampton, New Hampshire. Doc. 53-6 at 10, 11 (Plaintiff's citations to Delaware and New Hampshire law, respectively); Defs.' 30 at 4; Perspecta Holdings LLC Equity Award and Admission Agreement, Doc. Doc. Annual sales increased from $760 million in 1991 to approximately $6.0 billion in 2006. MEMORANDUM AND ORDER Scott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. 51 at 2. Doc. 4 0 obj No. Coverage Appeals, ___ A.3d ___, 2019 WL 5616263, at *7 (Del. Therefore, "courts must rigorously enforce arbitration agreements according to their terms." Assoc., 146 N.H. 130, 133 (2001)); see also In re Verizon Ins. 30 at 25- 33. No. Doc. In January, Baker filed a complaint with the NH Human Rights Commission and the U.S. Securities offered through Trustmont Financial Group, Inc. 30 at 30. No. "To establish liability for the breach of a fiduciary duty, a plaintiff must demonstrate that the defendant owed her a fiduciary duty and that the defendant breached it." 13-1359 (JAF), 2014 WL 320653, at * 2 (D.P.R. Mr. Montrone was the CEO of Fisher Scientific International from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. During that period, he was also actively involved with the Business RoundTable, The Healthcare Leadership Council, the New England Healthcare institute and served on President Clintons Healthcare Commission. The First Circuit Court of Appeals has yet to identify the proper standard of review for a motion to compel arbitration. If mediation does not resolve the matter, and if the Company is party to the Dispute, the procedures specify that "[t]he company shall determine in its sole discretion whether the dispute will be subject to arbitration in accordance with Section 13.4 or subject to adjudication in accordance with Section 13.4.9." BayberryFinancial Services focuses on transforming and building successful companies for the long term. ph: (603) 929-2600 | info@bayberryfinancial.com. On May 1, 2017, Baker says he complained to Montrone about Meisters treatment, charging that it was discriminatory and hurting the business. . 30 at 4. Baker is asking to be reinstated and awarded unspecified compensatory and punitive damages and court fees. Prior to leading Fisher Scientific, Mr. Montrone was chairman and chief executive officer of Wheelabrator Technologies Inc., a leading environmental services company. 35-8 at 33; Doc. Find more info on AllPeople about Michael P. Toppan and Michael Toppan Interior Design, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with a similar name. 35-12 at 33.
Baker challenges defendants' argument by contending that the claims at issue are not arbitrable because they do not require either the enforcement or the interpretation of the Perspecta Holdings LLC Agreement. They must then turn to mediation if negotiation fails. 35-3 at 14. The Company's Limited Liability Company Agreement recognizes two classes of membership interests that are referred to as "Class A Units" and "Class B Units." Fax: (724) 468-5675, Investment Advisory Services offered through Trustmont Advisory Group, Inc. 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. 35-12 at 32. The suit was filed in U.S. District court in Concord at the end of last week. Baker's Amended Complaint consists of nine counts. No. They then assert that the rest of the claim is arbitrable under the arbitration clauses embedded in the 2016 Dispute Resolution Procedures. Oct. 31, 2019) ("Unjust enrichment is the unjust retention of a benefit to the loss of another, or the retention of money or property of another against the fundamental principles of justice or equity and good conscience.") The motion is denied with respect to Count VII against Montrone and Meister for claims arising under the 2016 Equity Award; Count VIII against Perspecta Entities and Perspecta Investments; and Count IX against Perspecta Entities and Perspecta Investments. Doc. 35-4 at 19. 35-1 at 4. 35-11. No. He has served on a number of corporate boards and many nonprofit institutions, especially the Metropolitan Opera, for which he was president and chief executive officer and is now president emeritus. Specifically, Baker was told that the award would give him "true equity" and be more similar to the equity plans used by another related entity, Ballentine Partners. 35-3 at 14. No. of Teamsters, 561 U.S. 287, 299, 130 S. Ct. 2847, 177 L. Ed. Although they do not specifically argue that the second part of their claim is arbitrable, I assume for purposes of analysis that if it is, it is because of the arbitration clause embedded in the 2016 Dispute Resolution Procedures. Doc.

Federal government websites often end in .gov or .mil. Doc. 30 at 20-25. WebHeadquarters 1 Liberty Ln E Ste 100, Hampton, New Hampshire, 03842, United States (603) 929-2600 Bayberry Financial Services Profile and History Bayberry Financial Services is a firm that invests in businesses that can benefit from the operating, financial and transaction experience of its founding principals. Member FINRA/SIPC. of Law in Supp. No.

WebScott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. 1484-K, 2002 WL 385545, at *3 (Del. No. Doc. We seek to partner with outstanding management teams to generate meaningful growth in value. Paul J. Barbadoro, United States District Judge. No. 30 at 13. No. . held a 20% interest [in Perspecta Holdings]; an entity controlled by Montrone's family (Bayberry BP, LLC); and an entity controlled by Meister's family (Woburn BP LLC) held the remaining 80% interest." He is now President Emeritus. In any event, the present case is distinguishable because the 2016 Dispute Resolution Procedures do not include a comprehensive arbitration clause. of Law in Support of Mot. @CEDUpdate . Created with Sketch. No.

Ann. No. Greensburg, PA 15601 See Commonwealth Equity Servs., LLC v. Ohio Nat'l Life Ins. No. Doc. No. for Summ. No. |2,K!=o+"U'cvA9kX{W$trBBg hsKvRAyNr1Fo-!P@XMlU'q#G No. His common law claims arise from a 2012 Equity Award and Admission Agreement ("2012 Equity Agreement") between Baker and Perspecta Holdings, Doc. 35-11 at 2.

WebFor more than four decades, Paul M. Montrone has directed the development of a number of businesses in a diverse set of industries. . Bibliographical Information Back to home page. No. Tune in to our webcast on April 20 for a discussion on US-China #trade and #investment relations, what the US can twitter.com/i/web/status/1. Doc. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE. A. No. WebPaul Montrone, et al. No. Doc. No. Pla-Fit Franchise, 2014 WL 2106555, at *3 (citing Guidotti v. Legal Helpers Debt Resolution, L.L.C., 716 F.3d 764, 773-74 (3d Cir. No. Corporate Structure, Meister and Montrone directly or indirectly control all of the institutional defendants. D. Restructuring of Baker's Interest.

Dialysis Access Center, 638 F.3d at 376 (emphasis in original) (quoting Granite Rock Co. v. Int'l Bhd. Doc. 30 at 15. [and that a]dditional grants would be considered in the future on a periodic basis as recommended by the Compensation Committee." Mr. Montrone was the CEO of Fisher Scientific International from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. Meister conceded that as of December 8, 2017, Perspecta considered Baker's termination to be "without cause," but that Perspecta changed Baker's termination to "for cause" as defined in the 2016 Equity Agreements following Baker's initiation of proceedings with the Equal Employment Opportunity Commission ("EEOC") and the New Hampshire Human Rights Commission ("HRC"). Defendants cite several cases from other circuits in which a court construed a broad equitable exemption from a comprehensive arbitration clause as an aid in arbitration provision. No. Only the common law claims are subject to the motion to compel arbitration. 12101 et seq., and the New Hampshire Law WebKades-Margolis is a member of the U.S. Retirement and Benefit Partners (USRBP) family of companies. The agent name for this business is: Burke, Steven M, Esq. With this fact in mind, I examine each of the claims at issue to determine whether they require the enforcement or interpretation of either agreement. The suit also names Bayberry Financial Service Corp. and Liberty Lane Service Company LLC, two related firms also controlled by, Last-minute House amendments seek to shore up ed funding for poorer districts, UNH project testing use of regional softwood in mass timber construction, Keene affordable housing nonprofit eyes former community college site for housing, How NHs housing crisis is linked to availability of beds at psychiatric hospitals, People and Property: Real Estate and Construction News From Around NH, Business groups keep an eye on Thursdays NH House budget vote. 3 0 obj . <> 30 at 4; Perspecta Holdings LLC Equity Award and Admission Doc. 51 at 3. Mr. Montrone was the CEO of Fisher Scientific International Inc. from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. of Renewed Mot. United States District Judge January 10, 2020 cc: Jennifer B. Furey, Esq. Scott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. Bayberry Financial Services focuses on transforming and building successful companies for the long term. Key Principal:Paul Montrone See more contacts Industry:Lawn and Garden Equipment and Supplies Stores Doc. No. Our Credit Counseling is a free service where well teach you sound methods of managing your money so you can avoid financial problems. The court only follow up date DOES NOT include 3 additional days that may apply per Chairman, CEO and President. Defendants argue that Baker's fraudulent inducement claim and parts of his fiduciary duty and unjust enrichment claims are subject to the 2012 Arbitration Clause. January 10, 2020. Counts I-V describe alleged violations of the ADA and Section 354-A. Because the plain text of the Perspecta Holdings LLC Agreement unambiguously consigns such interpretative issues to the arbitrator, Baker's fraudulent inducement claim is within the scope of the arbitration clause and must be arbitrated. The suit also names Bayberry Financial Service Corp. and Liberty Lane Service Company LLC, two related firms also controlled byMontroneandMeister. WebPaul Montrone, et al. 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 wifes battle with cancer and his daughters mental health issues. In light of these provisions, to read Section 13.4.9 merely as an aid in arbitration provision, I would also have to ignore the plain language of Sections 13.3.1 and 13.3.2. He also has successfully helped push the state to loosen its trust laws.

No. 30 at 31. Perspecta Entities LLC Agreement, Doc. 35-12 at 31. endobj to Mot. Doc. Sept. 27, 2018) (citing Pla-Fit Franchise, LLC v. Patricko, Inc., No. 18-cv-12314, 2019 WL 1470131, at *1 (D., The First Circuit has yet to identify the proper standard of review for a motion to compel arbitration. Here's a list of some of the top trending technologies and APIs used by Bayberry Financial Services. 51, is granted with respect to Count VI against Montrone, Meister, and Perspecta Holdings; Count VII against Montrone and Meister for claims arising under the 2012 Equity Award; and Count VIII against Perspecta Holdings. ?g_G3A$X>=>']]s+v;;>p8xZ@\qSXzs|iv|*Gq,G+d:>!J=lKb}$+nPfj/ekf"a-x~(PTr%MYsq0bO9/|YKgID6!t$xx /%HE [8apS\Fe`(OSefiQ . 2d 868 (2009) (quoting Bell Atl.