Marathon Health @ White & Case

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Phone: (212) 819-2642

Phone: (212) 819-8955

Location

McGraw-Hill Bldg II

Neighborhoods

Midtown East, Midtown Manhattan

AKA

White & Case LLP

Webber, Jason K

Jason K Webber Attorney

Other Link

https://www.marathon-health.com

Categories

Attorneys, Adoption Law Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Business Litigation Attorneys, Construction Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Labor & Employment Law Attorneys, Patent, Trademark & Copyright Law Attorneys, Real Estate Attorneys, Tax Attorneys

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Phone: (212) 819-8200

Address: 1221 Avenue Of The Americas, New York, NY 10020

Website: https://www.marathon-health.com

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Marathon Health @ White & Case

Adoption

Murder
Money Laundering
N26, a German neobank with more than five million global customers, in its defense against a sanction for breaching anti-money laundering reporting obligations to the German authorities.

Business and Corporate Law

Mergers and Acquisitions
Business intelligence service The Deal has named White & Case partners Denise A. Cerasani (New York) and Tali Sealman (Silicon Valley) among its "Top Women in Dealmaking" honorees for work performed in 2022. This marks the second consecutive year the partners – both members of the Firm's Global Mergers & Acquisitions practice – have been named to the list.
Business Disputes
At the Legal Media Group (LMG) Women in Business Law Awards Global announced on December 1, White & Case won three awards.
Business Transactions
In contrast, business transactions that involve countries with distinct or incompatible regulations face growing costs, delays and even outright barriers. These regulatory divides, or fences, in the global economy limit interconnectedness by increasing the costs of or delaying cross-border business activity.
Intellectual Property
Unfair Competition
We represented Gerber Products Company ("Gerber") and Nestlé USA (NUSA) in a putative nationwide class action suit, alleging unlawful, deceptive, and misbranded labelling of baby food products. Plaintiff asserted claims for violation of California's Unfair Competition Law, False Advertising Law and its Consumer Legal Remedies Act. Plaintiff also asserted claims under the Magnuson-Moss Warranty Act, the Song-Beverly Consumer Warranty Act, and for unjust enrichment. The court dismissed all claims against NUSA, all but the consumer protection claims against Gerber and narrowed the products at issue. In January 2014, the court denied the plaintiff's motion for class certification in favor of our client.
Antitrust
We advised Clariant, a Swiss specialty chemical group, on the €2 billion acquisition of more than 95 percent of the shares in Munich-based Süd-Chemie AG from its majority stockholder One Equity Partners and numerous family shareholders in a bidding process. In addition to the negotiations of the purchase agreements, we advised on takeover, tax and antitrust law aspects of the transaction. Our offices in Germany, China, France, Japan, Mexico, Poland, Russia, South Africa, Türkiye and the US were involved, and we also coordinated partner firms in a number of other countries, including Brazil, India, Indonesia and Malaysia. We also advised Clariant on its sale of Textile Chemicals, Paper Specialties and Emulsions businesses to US-based private investment firm SK Capital; and on the sale of its Leather Services business to Stahl, a Netherlands-based chemicals group.

Employment Contract
Indeed, in former-Commissioner Wilson's Wall Street Journal Op-Ed published on the day she announced her resignation, Wilson highlighted the FTC's proposed non-compete rule as an example of the FTC's policy agenda causing her to resign. She explained: "In January, 2023, the commission launched a rulemaking that would ban nearly all noncompete clauses in employee contracts, affecting roughly one-fifth of employment contracts in the U.S. This proposed rule defies the Supreme Court's decision in West Virginia v. EPA (2022), which held that an agency can't claim ‘to discover in a long-extant statute an unheralded power representing a transformative expansion in its regulatory authority." Former Commissioner Wilson's WSJ Op-Ed is here.
Non-compete Agreement
Under the proposed rule, garden leave may or may not be prohibited depending on how it is structured. The proposed rule defines a "non-compete clause" as one that prevents the worker from seeking or accepting new employment "after the conclusion" of the current employment. Therefore, a garden leave provisions whereby the employee remains employed (i.e. with full salary and benefits) but is simply not allowed to access the business during the garden leave period should be permissible, but the proposed rule is not clear.
Severance Agreement
The rule would apply retroactively. Should the rule be enacted in its current form, not only would preexisting non-compete agreements become unenforceable, but the rule would also require employers to proactively rescind the non-compete, i.e., to tell individual employees that such provisions no longer applied. **The proposed rule would not affect any other provisions negotiated for in exchange for the non-compete, like a severance package. ( Proposed Rule § 910.2(b) is here.)

Real Estate Litigation
In addition to our development and ﬁnance teams, we regularly represent both buyers and sellers in competitive auctions and we possess the know how to ensure that our clients successfully navigate the auction process. Our lawyers have extensive experience devising creative deal structures, designing disposition and acquisition programs, and planning and implementing strategies for sellers, acquirers, acquisition targets and joint venture partners. The Financial Times has recognized our regulatory team's innovation, skills and experience assisting clients in managing governmental and commercial issues pre- and post-transaction. Our antitrust lawyers can advise on key triggers and ﬁling patterns across jurisdictions as well as lead the ﬁling and clearance process by liaising with relevant competition authorities. We also have capital markets and acquisition ﬁnance teams who assist in "through life" support for infrastructure assets including ﬁnancing, reﬁnancing or restructuring of existing assets, or an exit through an IPO. Our full-service offering also includes advising on tax structuring, employment and pension issues, real estate matters and management equity arrangements.
Construction Litigation
Negotiation of the full range of agreements with contractors and third parties, including EPC and other construction agreements
Real Estate Transactions
Click here to continue to the Part 802 Analysis to determine whether the transaction could be a covered real estate transaction under 31 CFR Part 802, which includes certain purchases, leases, or concessions of US real estate by foreign persons.

Bankruptcy
Representation of Waypoint Leasing and its affiliates as special aviation counsel in connection with its Chapter 11 bankruptcy proceedings, including the sale to Macquarie Rotorcraft of approximately 125 aircraft on lease to 42 different lessees in 29 jurisdictions.
Tax Law
We endeavour to identify, monitor and manage all risks concerning the interpretation of tax law in all of the jurisdictions in which we operate. Where a material level of uncertainty exists, we seek professional advice from specialists as required and/or discuss the matter with the relevant tax authority.

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