DAVID FISHER

Partnership Law:

• David acted for a partner in a “big four” accountancy firm on his move to a competitor, including allegations that he orchestrated an unlawful team move.
• David acted for a large group of members in a private equity LLP in defending a High Court claim for alleged breaches of contractual and fiduciary duties.
• David advised a senior partner in an international law firm threatened with expulsion for alleged serious misconduct.
• David advised a private equity firm in relation to the exit of a partner who was making allegations of disability discrimination and improper conduct against the managing partner.
• David acted for an international law firm in connection with a substantial team move from one of its offices to another international firm.
• David advised several partners in the London office of an international law firm on their forced retirement from the firm.
• David advised numerous law firm partners on restrictive covenant issues following their resignations to join competing firms.
• David advised a departing partner who was being threatened with injunction proceedings in the High Court to enforce extremely onerous restrictive covenants against him.
• David represented an Eastern Europe based partner team governed by English law partnership terms, in cross-border litigation arising from their team move.
• David advised a US law firm on their acquisition of a high profile partner team.
• David advised on the TUPE and restrictive covenant issues arising from a law firm’s acquisition of a team of associates and a salaried partner, as part of a partner team move.
• David advised a high profile professional services firm on the modernisation of their LLP terms, including restrictive covenants.

Senior Executive:

• David acted for a group of employees (including senior executives) who were the subject of a High Court injunction application following a team move from a recruitment company to one of its major competitors.
• David advised a group of employees (including senior executives) who were leaving the London office of an investment bank to join a new competitor founded by a former colleague, and guiding them through an internal investigation process.
• David assisted a senior executive in a global motor corporation with a grievance for bullying and intimidation by senior managers, and defending allegations of gross misconduct raised against him in apparent retaliation.
• David advised numerous senior executives on their termination arrangements with complex bonus and carried interest arrangements.
• David represented an inter-dealer broker in his appeal to the Employment Appeal Tribunal regarding the non-payment of a guaranteed bonus by his former employer following his resignation to join a competitor.
• David advised a leading industry figure on his appointment as the CEO of a global telecoms company, and assisted in the negotiation of his new terms of employment.
• David advised the departing CEO of a premier league football club in a high profile case with substantial media interest.

Employer:

• David acted for a global power company to restrain the use of confidential information taken by an employee who left to join a competitor.
• David advised a “big four” accounting and professional services firm on TUPE and redundancy issues in connection with the outsourcing and offshoring of an internal function from another multinational business.
• David advised a global consulting firm in connection with the recruitment of a senior employee from a competitor, which involved restrictive covenant issues and arguments relating to constructive dismissal.
• David assisted a US law firm whose US based client was considering the purchase in a pre-pack arrangement of a business in the UK which was in administration. The matter involved complex TUPE issues.
• David advised a US technology business on the protection and recovery of its confidential information following breaches by a departing employee.

Pro-Bono

• David provides ongoing legal advice and support to leading UK whistleblowing charity Public Concern at Work.  He is currently representing them in relation to the proposed intervention in the Court of Appeal in Chesterton Global Limited v Nurmohamed. This is the test case in establishing the meaning of “in the public interest” inserted into whistleblowing legislation in 2013.  David also advised in the intervention in the Supreme Court case Clyde & Co & anor v Bates van Winkelhof, which determined that LLP members are workers for whistleblowing and related worker protections.