Neil Capobianco Quoted in National Law Journal and Law360
Discussing U.S. Court of Appeals for 10th Circuit Ruling in Favor of Seyfarth's client ClearOne Inc.

New York partner Neil Capobianco was quoted August 31 in the National Law Journal and Law360 discussing the U.S. Court of Appeals for the 10th Circuit ruling on August 30 that a trial judge erred in granting a preliminary injunction in favor of ClearOne Inc.'s former CEO, Frances Flood, who had an agreement with the Salt Lake City-based company to pay her legal fees. Neil, who represented ClearOne Inc., said his client was pleased with the ruling. ClearOne already paid $1.8 million to cover Flood's defense costs before deciding to discontinue the payments, he added. The appeals panel found that the agreement did not create an unconditional obligation for ClearOne to cover Flood's fees and instead permitted the company to assert its own financial problems as a way to avoid payment. Neil explained, "the promise to advance was not unconditional, and the district court took those conditions out."