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Setty v. Shrinivas Sugandhalaya LLP, No. 18-35573 (9th Cir. Jan. 20, 2021) [click for opinion] In 1999, brothers Balkrishna and Nagraj Setty signed a Partnership Deed agreeing to joint ownership interest of their late father’s incense manufacturing company Shrinivas Sugandhalaya (“SS”). Soon the brothers created competing incense manufacturing companies in separate Indian cities, Balkrishna in Bangalore (“SS Bangalore”) and Nagraj in Mumbai (“SS Mumbai”). Plaintiff-Appellees Balkrishna and SS Bangalore sued SS Mumbai and its U.S.…

On 28 March 2021 at 9:00 a.m. – 10:30 a.m. Eastern / 3:00 p.m. – 4:30 p.m. CET, Baker McKenzie will be sponsoring the 16th Annual ICDR Y&I Coffee House Debate Webinar. This signature event draws in a large international audience of arbitration practitioners, professors, students and in-house counsel and is sure to provide you with a substantive and entertaining debate! The panelists will debate the below topics, taking positions which do not necessarily reflect…

Brown v. TGS Management Co., 57 Cal. App. 5th 303 (2020) [click for opinion] TGS Management Co., Ltd. (“TGS”) was a private limited liability company that engaged in a highly computerized form of equities trading known as statistical arbitrage. Richard Hale Brown was an employee of TGS, who signed an employment agreement containing confidentiality and non-compete provisions when he commenced work there in 2005. In February 2016, TGS terminated Brown’s employment without cause, effective March…

CleanSpark Inc. v. Discover Growth Fund, LLC, No. 20-cv-6164 (S.D.N.Y. Sept. 9, 2020) [click for opinion] In 2018 and 2019, CleanSpark, Inc. (“CleanSpark”) and Discover Growth Fund, LLC (“Discover”) entered into a pair of securities purchase agreements (collectively, the “Older SPAs”). In each agreement, CleanSpark sold, among other things, a convertible debt instrument to Discover and agreed to convert, at Discover’s request, all or any portion of the face value of the debt instruments into…