2nd Circ. Says Actions Outweigh Intent In Client-Theft Suit

Law360, New York (April 6, 2012, 1:50 PM EDT) -- The Second Circuit on Thursday threw out a lower court’s ruling that had found investment manager Francis S. Branin liable for improper solicitation of his old clients, saying the district court placed too much weight on his intent and not enough on his actions.

After consulting the New York Court of Appeals on what constitutes improper solicitation, a panel of the U.S. Court of Appeals for the Second Circuit held in a unanimous, precedential finding that the district court’s understanding of New York law was in...
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