Corporate Defense and Disputes

Important developments in U.S. securities law, white collar criminal defense, regulatory enforcement and other emerging issues impacting financial services institutions, publicly traded companies and private investment funds

Pietro Deserio

Pietro Deserio

Associate
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Pietro A. Deserio is an associate in the Labor & Employment Law Department. Pietro's practice concentrates on all aspects of labor and employment law. His employment litigation practice in state and federal courts includes class and collective actions and defending claims of discrimination, harassment, breach of contract and violations of wage and hour laws. He is also a member of the Non-Compete and Trade Secrets Group, representing clients in sensitive and significant trade secret and employment matters.

Pietro litigates and counsels clients on matters involving employee movement between competitors, with a focus on the enforceability of restrictive covenants, including:

  • Non-competition
  • Customer non-solicitation
  • Employee non-solicitation
  • Non-disclosure agreements
  • Confidentiality
  • Incentive compensation arrangements
  • Clawback and other remedial provisions
  • International enforcement issues
  • Judicial modification (blue-penciling) of agreements

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Eleventh Circuit Rules Disgorgement No Different Than Forfeiture, Barring SEC From Seeking Ill-Gotten Gains Outside Five-Year Limitations Period

By Joshua M. Newville and Pietro Deserio on Posted in SEC Enforcement, Securities Law, White Collar
A three judge panel in the Eleventh Circuit issued a ruling last Thursday in Securities and Exchange Commission v. Barry Graham et al., Case No. 14-13562, holding—contrary to several other circuits—that the remedy of disgorgement was effectively a forfeiture, and therefore subject to the standard five-year statute of limitations.  The SEC brought this case in … Continue Reading

Supreme Court Clarifies That Untainted Assets Cannot Be Frozen Pre-Trial By The Government

By Chantel L Febus and Pietro Deserio on Posted in White Collar
Last week the Supreme Court further clarified the procedures and limits regarding the government’s ability to freeze assets in connection with criminal prosecutions. Following the 2014 decision in Kaley v. United States, where the Court ruled (in the government’s favor) that a defendant could not challenge the legality of a pre-trial asset seizure by contesting … Continue Reading
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