Kenyon successfully resolved a long-standing dispute on behalf of its clients, CooperNeff Advisors and BNP Paribas, against a former CooperNeff employee. The dispute, which centered on ownership rights to a software program used for selecting securities held in a hedge fund, also involved a novel question regarding enforceability of an arbitration provision giving the employer unilateral rights to enforce its Intellectual Property rights in court. After the US District Court for the Eastern District of Pennsylvania initially ruled that the arbitration clause was unconscionable and that CooperNeff had waived its rights to demand arbitration, Kenyon successfully appealed the ruling to the Third Circuit Court of Appeals, which ruled that the arbitration clause was not unconscionable. The Third Circuit also vacated the decision on waiver and remanded to the district court for further consideration. Upon reconsideration, the district court ultimately ruled that the arbitration clause was enforceable and ordered the case to be heard in arbitration. Previously, upon entry as counsel in the case, Kenyon successfully defeated a motion for preliminary injunction after the district court had already granted a temporary restraining order forcing CooperNeff to halt use of the stock selection program. Case number 2:04-cv-03816-RK (2010).