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Federal Judge Denies Motion to Compel Arbitration Filed by New York Life in $14 Million Lawsuit By Former Agent

Last week, the United States District Court for the District of New Hampshire denied a motion to compel arbitration filed by New York Life (and two related companies) in a lawsuit filed by Ketler Bossé, a former soliciting agent and district agent for the company. The case will now proceed in court, and the parties will soon begin discovery. Factual Background Mr. Bossé engaged Fojo Law, P.L.L.C. and filed a Complaint in January 2019, asserting various federal and state employment-related claims against New York Life, including claims for discrimination and retaliation under 42 U.S.C. § 1981, conspiracy to interfere with civil rights under 42 U.S.C. § 1985, and breach of contract under 42 U.S.C. § 1981, and various state law claims, including claims for breach of the covenant of good faith and fair dealing, fraud, wrongful termination, tortious interference with economic advantage, violation of New Hampshire’s Consumer Protection Act (RSA 358-A), breach of fiduciary duty, unjust enrichment, quantum meruit, conversion, defamation per quod, and defamation per se. Mr. Bossé alleged that, despite excelling as an agent for New York Life and the many accolades he earned during his 14-year affiliation with the company, New York Life terminated him because he is black and then defamed him and appropriated his clients. He alleged he is owed over $14 million in lost commissions, residual commissions, override commissions, and other compensation and expenses. The Parties’ Arguments New York Life filed a motion to compel arbitration, arguing that, under an employment agreement Mr. Bossé signed in 2004 (which was then terminated in 2005), Mr. Bossé’s claims must be dismissed in favor of arbitration...

7 Ways a Lawyer Can Help Your Business

Businesses and people often treat lawyers like plumbers or firemen: you only call when there is a problem. This is an understandable reality: Whether you are starting a business or operating a business on a day-to-day basis, many other tasks require attention (and money), like marketing, sales, staffing, and other administrative matters. The last thing a business owner often wants to think about is a lawyer. Smart business planning, however, should include calling and using a lawyer to prevent problems. A lawyer can help a business protect itself from a variety of problems (like partnership disputes and lawsuits). Businesses often do not realize that spending a little time, effort, and money on an attorney to identify and resolve potential problems could save that business numerous headaches (and a lot of money) down the road. Here are 7 ways a lawyer can help a business protect itself from trouble. 7 Ways a Lawyer Can Help Your Business 1) Incorporation Individuals often incorporate and start their businesses themselves without the assistance of an attorney. While that may be fine for a simple business (such as a single-owner LLC), it may not be ideal for a business that has multiple owners or transacts business across state lines. In these situations, a lawyer can help a business owner choose the right corporate structure (LLC, S-Corp, C-Corp), choose where to incorporate (in your home state or in Delaware), understand whether by-laws or other documents are needed, and – for multi-owner companies – understand the need for an operating or partnership agreement. Generally, the more complicated the business, the more likely an attorney should be...