Commercial Litigation

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Law 360 Names Cozen O'Connor a Pennsylvania Powerhouse 

Once again, Law360 has named Cozen O'Connor a Pennsylvania Powerhouse, honoring the litigation and transactional attorneys working in Pennsylvania.

One of the country’s most successful litigation firms, Cozen O’Connor has been winning complex commercial trials for more than 50 years. With more than 300 highly respected litigators in the United States and Canada, including numerous fellows of the American College of Trial Lawyers, we are a go-to firm for sophisticated clients with complicated and consequential business litigation. Our U.S. team consistently receives a National Tier 1 ranking in U.S. News – Best Lawyers “Best Law Firms” rankings. Our clients include public and private companies, startups, corporate boards and committees, directors and officers, nonprofits, trade associations, and government entities.

Most clients litigate reluctantly because it is costly, distracting, and unpredictable. However, for countless legitimate reasons, lawsuits must be filed and defended. Plaintiff or defendant, individual or corporation, local branch or a national chain, when litigation becomes unavoidable, there is only one acceptable option: win.

Cozen O’Connor is a trial firm — not simply a litigation firm. Our commitment to actual trial work benefits our clients both in the form of decisive verdicts and advantageous settlements. We practice before judges across nearly every U.S. state as well as in Canada, are well-versed in the procedural norms in their courtrooms, and win cases in the most challenging jurisdictions. Our commitment to hands-on trial practice is unusual in the current legal marketplace, even among prestigious peer firms. Our record of success in court contributed to the Commercial Litigation practice being selected as a Litigation Department of the Year finalist in 2023 by The American Lawyer, the firm being one of just four firms named a Law360 Powerhouse in 2022, the Commercial Litigation practice being selected as a Litigation Department of the Year in 2021 by The American Lawyer, and the firm being named Law Firm of the Year for 2020 by The Legal Intelligencer.

Our attorneys’ trial skills were developed through direct experience. Excellent trial lawyers know the language and rhythm of the courtroom. They know how to assimilate new information and recalibrate strategy as events unfold. These critical intangibles are our stock in trade. And because our litigators are trained in a wide range of areas, we can typically assign one small team to handle both unique and more general claims in a given lawsuit, resulting in a streamlined approach to staffing that maximizes efficiency.

Our experience benefits clients not only during trial but also during settlement negotiations. We are able to craft strategies based on realistic assessments of the relative strength of all parties’ positions. And our reputation for being trial-ready leads to more favorable settlements because adversaries know that we settle only to serve clients’ best interests — not to avoid court.

SERVICES

  • Appellate
  • Commercial, including:
    • Corporate governance, partnership, and shareholder rights disputes
    • Securities and financial services litigation
    • Breach of contract claims
    • Business torts
    • Data privacy and cybersecurity breaches
    • Unfair business practices
    • Antitrust
    • Class actions and mass torts
    • Product liability
    • Defamation
    • Telephone Consumer Protection Act (TCPA)
    • Parallel proceedings and MDLs
  • Construction
  • Criminal Defense & Government Investigations
  • Intellectual Property
  • International Arbitration
  • Officer and Director Liability
  • Professional Liability
  • Real Estate and Land Use
  • Securities & Financial Services
  • Transportation

TEAM

We are trial lawyers, first and foremost. Cozen O’Connor’s litigation department retains some of the most respected courtroom attorneys in the United States and Canada. Over the last few years, as other firms have retrenched, ours has grown. Cozen O’Connor is a destination law firm for top litigators. Among our ranks are a former U.S. Supreme Court clerk, a senior official with the SEC enforcement division, experienced litigators from other prominent firms, and former federal prosecutors.

The litigation problems our clients face are high stakes, complicated and multidimensional. That is why we have an internal structure that supports cooperation among practice groups, facilitates intra-firm communication, and rewards the mobilization of diverse resources to solve target issues. Complex legal problems require a well-coordinated interdisciplinary team. All of our litigators are members of a single department and are incentivized to leverage one another’s skills and experience. At Cozen O’Connor, turf is irrelevant — success is all that matters.

 
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Experience

Publications

Court of Chancery Dismisses Fiduciary Duty Claims Related to Self-Tender Offer [Delaware Business Court Insider]

July 03, 2024

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision dismissing fiduciary duty claims against directors and officers based on their alleged approval of a self-tender involving a controlling stockholder.

6 Tips for New Associates to Become Effective Communicators [LexisNexis]

June 19, 2024

James Argionis contributed a practice note to LexisNexis discussing how associates can become effective communicators at their firms.

Consider Setoff and Apportionment When Evaluating Partial Settlements of Construction Disputes [Daily Business Review]

May 31, 2024

Jason Domark and Janet Rayo contributed an article to the Daily Business Review discussing how partial settlements can impact litigation in Florida.

Sidebar Series: The Trump Jury Instructions [NYLJ]

May 22, 2024

Jerry Goldfeder contributed an article to the New York Law Journal discussing the so-called “trial of the century” of former President Trump.

Anti-Suit Injunctions in Mexico and the United States [Legal Journal of the Mexico Arbitration Center]

May 21, 2024

Michael Fernández contributed an article to the Legal Journal of the Mexico Arbitration Center discussing the availability of anti-suit injunctions in aid of arbitration proceedings seated in Mexico and the United States.

Sidebar Series: The Trump Gag Order [NYLJ]

May 09, 2024

Jerry Goldfeder contributed an article to the New York Law Journal discussing Judge Juan Merchan’s second order holding Donald Trump in contempt.

Saving Our Republic [NYLJ]

May 02, 2024

Jerry Goldfeder contributed an article to the New York Law Journal discussing bar associations and civic groups across the country who are working to preserve our constitutional democracy.

Chancery Court Emphasizes Nexus Between Unclean Hands Defense and Asserted Claims

May 01, 2024

Mark E. Felger and Kaan Ekiner discuss Vice Chancellor Morgan T. Zurn’s motion to strike the defenses of unclean hands and in pari delicto in Pilot v. Greg Abel in the Delaware Business Court Insider.

Supreme Court Confronts Difficulty of Moderating Social Media Platforms [The Legal Intelligencer]

April 26, 2024

Stephen Miller and Pamela Dorian contributed an article to The Legal Intelligencer discussing two cases, Moody v. NetChoice and NetChoice v. Paxton, before the U.S. Supreme Court that will impact the future of social media content.

How Banks Should Respond To Calif. AG's Overdraft Warning [Law360]

April 11, 2024

Brett Watson and Madeline Suchard contributed an Expert Analysis to Law360, discussing California Attorney General Rob Bonta’s warning to California banks and credit unions that surprise overdraft fees and returned deposit item fees may violate state and federal unfair competition and consumer protection laws.

Trump on Trial Sidebar: What’s Happening [NYLJ]

April 11, 2024

Jerry Goldfeder contributed an article to the New York Law Journal discussing the salient issues during the trial of Donald Trump.

A Defense Strategy For Addressing Copyright Fee-Shifting [Law360]

April 01, 2024

Hugh Marbury and Molly Shaffer contributed an Expert Analysis to Law360, discussing the need for the Supreme Court to provide guidance on how Rule 68 of the Federal Rules of Civil Procedure impacts permissive fee-shifting.

Voting in New York [New York Law Journal]

March 15, 2024

Jerry Goldfeder contributed an article to the New York Law Journal discussing two significant voting rights developments in New York.

5 Ways to Hone Deposition Skills and Improve Results [Law360]

March 11, 2024

James Argionis contributed an Expert Analysis column to Law360 discussing the best practices for effectively conducting depositions.

Chancery Declines Jurisdiction Over Contract and Tort Claims Not Arising Out of LLC Agreement [Delaware Business Court Insider]

March 06, 2024

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision considering jurisdictional challenges to non-resident managers in the context of contract and tort claims associated with an alleged dilution of equity interests in connection with a transfer of holdings to a Delaware LLC.

US Supreme Court Considers Overhaul to Administrative Law [The Legal Intelligencer]

March 01, 2024

The Supreme Court "is currently considering its most consequential challenge to 'the administrative state' in decades," say Stephen Miller and Andrew Linz in an article in The Legal Intelligencer.

6 Tips for Successful Depositions [LexisNexis]

February 09, 2024

James Argionis contributed a practice note to LexisNexis discussing the best practices for taking successful depositions.

Chancery Permits Limited Stockholder Inspection of Nonpublic Books and Records for Better Valuation of Shares

January 02, 2024

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision that permits a stockholder of a publicly traded company to inspect the books and records of the public company’s nonpublic subsidiary to “more accurately” value the public corporation’s publicly traded shares.

'Speaker Hakeem Jeffries?’ [New York Law Journal]

December 29, 2023

Jerry Goldfeder contributed an article to the New York Law Journal discussing the court’s decision in Hoffmann v. New York State Independent Redistricting Commission.

Analyzing 1 Year Of Comments On FTC's Green Guides [Law360]

December 20, 2023

Emma Lombard co-authored an expert analysis for Law360 discussing the Federal Trade Commission’s regulatory review of its Guides for the Use of Environmental Marketing Claims.

Canada’s New Wage-Fixing and No-Poach Offence

December 01, 2023

Michael Osborne contributed an article to the Concurrences No-Poach Agreements – Closing the Enforcement Gap publication, discussing wage-fixing and no-poach agreements, which are now prohibited and considered a criminal offense in Canada.

Asserting 'Presence-Of-Counsel' Defense In Securities Trials [Law360]

December 01, 2023

Joseph Dever and Matthew Elkin contributed an article to Law360 discussing the presence-of-counsel defense, which was raised and limited in scope in the criminal trial of FTX founder Sam Bankman-Fried.

A Crisis In Special Education: New York City’s Failure to Educate Students Classified With ‘Emotional Disability,’ A Proposal For Systemic Change

November 28, 2023

Kerry Cooperman co-authored a report published by the New York Lawyers for the Public Interest (NYLPI) discussing the New York City Department of Education's failure to appropriately address the specific needs of school-age children with mental health disabilities.

Hospitality & Construction Disputes Post-COVID [Brill]

November 20, 2023

Cindy Lee co-authored Chapter 8: “Investor-State Arbitration and the International Construction Sector” in the 2024 edition of Hospitality & Construction Disputes Post-Covid, which is volume 6 of International and Comparative Business Law and Public Policy.

Court of Chancery Describes Limitations for Vacating Arbitration Awards

November 03, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision that demonstrates the court’s reluctance to vacate an arbitration award even where the arbitration proceeding and the resulting award might be flawed.

US Supreme Court Questions Standing for ADA Claims [The Legal Intelligencer]

November 03, 2023

Stephen Miller and Leigh Ann Benson contributed an article to The Legal Intelligencer discussing the U.S. Supreme Court’s agreement to review Acheson Hotels v. Laufer.

Bill C-56: The Good, the Bad, and the Useless of the Federal Affordability Legislation

October 06, 2023

Michael Osborne contributed an article to The Globe and Mail discussing a new bill, C-56, which contains amendments to the Competition Act to make groceries affordable again.

The Long Arm of Canadian Price-Fixing Law? Canadian Jurisdiction Over Foreign Price-Fixing Conspiracies

September 29, 2023

Michael Osborne authored the chapter “The Long Arm of Canadian Price-Fixing Law? Canadian Jurisdiction Over Foreign Price-Fixing Conspiracies” in the Transnational and Cross-Border Criminal Law Canadian Perspectives, published by Irwin Law.

Back to the Future: Modernizing Canada’s Monopolization Law

September 28, 2023

Michael Osborne contributed the article “Back to the Future: Modernizing Canada’s Monopolization Law” to the Canadian Competition Law Review.

Certified Questions from the Appellate Division as a Tool for Bettering the Rule of Law [New York Law Journal]

September 14, 2023

Michael Fernández contributed an article to the New York Law Journal discussing the current framework for certification from the Departments of the Appellate Division to the Court of Appeals available under CPLR 5602.

Court of Chancery Examines Director's Personal Relationship in Dismissing Duty of Loyalty Claim

September 11, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss Vice Chancellor Sam Glasscock III’s decision In re Orbit/FR Shareholders Litigation.

2024: Like No Other Presidential Election in Our History [New York Law Journal]

September 07, 2023

Jerry Goldfeder contributed an article to the New York Law Journal addressing how the 2024 presidential election is already shaping up to be unlike any other in history.

Court Ruling Leads to Major Change in SBA 8(a) Social Disadvantage Determination Policy [Alert]

September 01, 2023

Larry Prosen and Brian Doll discuss the changes that have come to the SBA 8(a) Business Development Program following a Federal ruling out of Tennessee.

Ninth Circuit Confirms: Text Messages NOT “Prerecorded Voice Messages” Under TCPA [Alert]

August 11, 2023

The ruling is a substantial win for Telephone Consumer Protection Act (TCPA) defendants after plaintiff argued text messages qualify as “an artificial or prerecorded voice.”

6 Tips for Successful Injunctive Relief Requests [LexisNexis]

August 11, 2023

James Argionis contributed a practice note to LexisNexis discussing the six best practices for maximizing success while navigating injunctive relief requests.

SEC Compliance and Enforcement Answer Book, Practising Law Institute (2023 ed.)

July 24, 2023

Joseph Dever, chair of the firm’s Securities Litigation and SEC Enforcement Group, co-authored Chapter 16: “SEC Market Manipulation Investigations” in the 2023 edition of SEC Compliance and Enforcement Answer Book, published by the Practising Law Institute and edited by Cravath, Swaine & Moore LLP.

Court of Chancery Address Scope of Privilege Concerning Third-Parties

July 06, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss Chancellor Kathleen St. Jude McCormick’s decision in The Police and Fire Retirement System of the City of Detroit v. Elon Musk.

The Return of Joint and Several Liability: Minimally Negligent Defendants May Be Held Liable for Entire Award in Pennsylvania [Reuters]

June 23, 2023

Benjamin Wilkoff and Gabriella Scott contributed the article “The Return of Joint and Several Liability: Minimally Negligent Defendants May Be Held Liable for Entire Award in Pennsylvania “ to Reuters.

Mid-Year Round-Up: There Is A Lot Going On [New York Law Journal]

June 23, 2023

Jerry Goldfeder contributed an article to the New York Law Journal discussing the U.S. Supreme Court’s decision in Allen v. Milligan, which affirmed an Alabama district court’s ruling that the state’s congressional lines were an impermissible racial gerrymander.

Canada Cartels 2023 [Chambers Global Practice Guide]

June 22, 2023

Michael Osborne and Samuel Bogetti contributed the Canada chapter to the Chambers Cartels 2023 Guide.

It’s (Not) About Time - Government May Move to Dismiss FCA Suit at Any Point During its Pendency [Alert]

June 20, 2023

The Supreme Court confirmed that the Government may intervene and move to dismiss a False Claims Act lawsuit at any time during the life of the case.

Delaware Supreme Court Addresses Forum Selection Disputes

June 09, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss West v. Access Control Related Enterprises, which addressed several issues that arise in cases involving forum selection disputes.

The Great Repricing: Commercial Real Estate Eyes the Abyss [Alert]

June 08, 2023

It appears as if the first cracks are developing in the commercial real estate market, and the consequences could be shattering.

Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie [Alert]

June 05, 2023

The Court has concluded that in order to bring and prove a FCA case, the government or relators must prove that the defendants knowingly committed (or intended to commit) fraud against the government.

Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations [Alert]

May 19, 2023

The new amendments shorten the statute of limitations for general negligence claims and the statute of repose for construction claims.

Talk to the Machine! AKA Revoking TCPA Consent by “Talking” to a Recording [Alert]

May 10, 2023

Can a TCPA plaintiff revoke consent to be contacted by “talking” to a pre-recorded message? Probably not.

If Dianne Feinstein Were President [Just Security]

April 19, 2023

Jerry Goldfeder contributed an article to Just Security, discussing Dianne Feinstein’s month-long absence from Washington, D.C.

Small Potatoes? Not at All [New York Law Journal]

April 11, 2023

Jerry Goldfeder contributed an article to the New York Law Journal discussing Donald Trump’s indictment, which alleges he falsified business records with the intent to conceal campaign finance violations during his presidential campaign.

Congress Offers Limited Monetary Relief to Certain Defense Contractors Battling Inflation [Alert]

April 10, 2023

Congress granted the DoD new authority to modify existing fixed-price contracts to compensate defense contractors for increased costs arising from inflation.

Court of Chancery Allows 30(B)(6) Depositions as a Tool in Section 220 Discovery

April 05, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision addressing the use and appropriate parameters for a Rule 30(b)(6) deposition as a discovery tool in connection with Delaware books and records actions under Section 220.

What Happens When a Senator is Incapacitated? [New York Law Journal]

February 27, 2023

Jerry Goldfeder contributed an article to the New York Law Journal discussing the political impact of Senator John Fetterman’s hospitalization for depression.

The Turning of the Tide? Price-Fixing Class Actions in the Canadian Courts

February 27, 2023

Michael Osborne contributed an article to Lloyd’s List Intelligence Competition Law Insight, discussing the potential change for a more balanced, less plaintiff-friendly approach to the certification process for price-fixing class actions.

Getting Ready for Canada’s Upcoming Ban on Wage-Fixing & No-Poach Agreements [Alert]

February 17, 2023

Wage-fixing and no-poach agreements will be illegal and subject to criminal penalties in Canada as of June 23, 2023.

US Supreme Court Revisits Gerrymandering and the Voting Rights Act [The Legal Intelligencer]

February 07, 2023

Stephen Miller and Pamela Dorian published an article in The Legal Intelligencer discussing the U.S. Supreme Court’s consideration of the issue of gerrymandering in Merrill v. Milligan.

Biometrics Update: Class Plaintiffs Have 5 Years to Bring Claims Under Illinois’s BIPA [Alert]

February 06, 2023

Max Kaplan discusses the Supreme Court of Illinois's decision in Tims v. Black Horse Carriers, Inc., ruling that BIPA is subject to the five-year, catch-all statute of limitations.

Chancery Court Sustains M&A Fraud Claims Based on Near-Term Financial Projections

February 02, 2023

Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision addressing several issues that often arise in motion practice at the pleading stage of cases involving allegations of M&A fraud based on near-term financial projections.

CA Court of Appeal Calls Into Question Evidentiary Value of E-Signatures [Alert]

January 24, 2023

The California Court of Appeal recently issued a troubling decision regarding the evidentiary value of electronic signatures.

Canada Gets Tough on Chinese Investors [Alert]

January 23, 2023

New policies and changes to Investment Canada Act to block Chinese control of critical minerals supply chains.

The NY Senate Should Have Voted on Judge LaSalle [New York Law Journal]

January 23, 2023

Jerry Goldfeder contributed an article to the New York Law Journal discussing the New York State Senate declining to vote on Justice Hector LaSalle’s nomination as Chief Judge of the Court of Appeals.

Canada Proposes Sweeping National Security Updates to Investment Canada Act [Alert]

January 23, 2023

Foreign investors in Canadian businesses are set to face tougher national security review provisions under the Investment Canada Act.

Life, Liberty, and the Pursuit of Equity - How to Manage Your Mind to Capture and Bill All of Your Time

January 20, 2023

Molly Kremer and Sarah Schlossberg contributed an article to the February issue of ALI CLE’s The Practical Lawyer, discussing the negative outlook and struggles some attorneys have with billing.

Commissioner’s Appeal of Rogers-Shaw Decision Likely to Fail [Alert]

January 17, 2023

The Commissioner’s appeal is scheduled to be heard on January 24, 2023. Read our prediction on the outcome of this appeal.

Rogers-Shaw-Videotron Deal will Increase Competition, Tribunal Finds [Alert]

January 17, 2023

The Commissioner of Competition had applied for a full block of the Rogers-Shaw-Videotron deal. The Tribunal rejected every allegation made by the Commissioner.

Preventing the Next George Santos [New York Daily News]

January 10, 2023

Jerry Goldfeder contributed an article to the New York Daily News discussing Rep. Ritchie Torres’s effort to introduce legislation requiring congressional candidates to file sworn affidavits attesting to their qualifications and background.

Provisional Measures in Aid of Arbitration in Brazil [American Review of International Arbitration]

January 09, 2023

Michael Fernández contributed an article to the American Review of International Arbitration discussing how Brazilian courts assist parties to arbitration proceedings by issuing provisional measures.

US Supreme Court Confronts Independent State Legislature Doctrine [The Legal Intelligencer]

January 06, 2023

Stephen Miller and Pamela Dorian published an article in The Legal Intelligencer discussing The Supreme Court’s consideration of the Independent State Legislator theory in Moore v. Harper.

Callers Beware: Court Finds Avatar Technology Is Subject To TCPA Regulation [Alert]

December 29, 2022

Brett Watson discusses recent district court decisions discussing Avatar technology as pre-recorded messages under TCPA.

George Santos, Lester Chang and Legislative Exclusion [New York Law Journal]

December 28, 2022

Jerry Goldfeder contributed an article to the New York Law Journal discussing George Santos's status in Congress and Lester Chang’s status in the New York State Assembly.

Estate Planning Gone Afoul – What Is Needed to Raise the Presumption of Undue Influence? [Daily Business Review]

November 23, 2022

Jason Domark and Janet Rayo co-authored “Estate Planning Gone Afoul – What Is Needed to Raise the Presumption of Undue Influence?” for the Daily Business Review.

American Democracy Has a Future After All [New York Daily News]

November 18, 2022

Jerry Goldfeder contributed an article to the New York Daily News discussing the history of government officials embracing defeat in elections.

Technicality Likely Won’t Decide Rogers-Shaw-Quebecor Case [Financial Post]

November 14, 2022

Michael Osborne contributed an article to The Financial Post discussing the Commissioner of Competition’s challenge to the Rogers Shaw acquisition.

The Requirements of Equitable Fraud as a Basis for Chancery Court Jurisdiction

November 10, 2022

Barry Klayman & Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss the requirements of equitable fraud as a basis for jurisdiction in the Court of Chancery in Delaware.

The US Supreme Court to Consider Fraud Theory in 'Ciminelli' [The Legal Intelligencer]

November 02, 2022

Stephen Miller and Chase Howard published an article in The Legal Intelligencer discussing Ciminelli v. United States.

Samuel Tilden’s Plea [New York Law Journal]

October 27, 2022

Jerry Goldfeder contributed an article to the New York Law Journal discussing the rising number of members in the legal profession who are concerned with the fragility of the rule of law and the norms that sustain it.

Formal Ethics Opinion Outlines Client Language Access Duties

October 14, 2022

Josephine Bahn wrote the article “Formal Ethics Opinion Outlines Client Language Access Duties” for the American Bar Association Litigation Section’s website.

Court Upholds Garnishment of Beneficiary's Interest in Distributions From a Del. Statutory Trust

October 13, 2022

Barry Klayman and Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court upholding the garnishment of a beneficiary’s interest in distributions from a Delaware Statutory Trust.

Neither Confusion Nor Expense of Counsel Enough for Article III Standing [Alert]

October 06, 2022

In Yelardy v. Miller & Milone, the plaintiff asserted an FDCPA claim against a law firm in connection with a single letter received from the firm.

How a Downturn Could Impact Civil Jury Awards [Bloomberg Law]

September 29, 2022

Benjamin Wilkoff and Daniel Brobst published the article “How a Downturn Could Impact Civil Jury Awards” in Bloomberg Law.

Federal Court Standing Decision May Spark Trend In Consumer Protection Action Filings In State Court [Alert]

September 29, 2022

The application of Spokeo principles is more commonplace across consumer protection actions, sparking a trend of plaintiffs pursuing more state court actions.

Section 301 Petition Concerning Mexican Agricultural Products Filed [Alert]

September 15, 2022

On Sept. 8, Florida lawmakers filed a petition with USTR seeking relief for an alleged Mexican export targeting scheme.

Same Proposition, Different Outcome? Need for Harmonization for Evidentiary Standards [Kluwer Arbitration Blog]

September 13, 2022

Michael Fernández contributed an article to the Kluwer Arbitration Blog discussing three evidentiary issues that have significant discrepancies in the common law and civil law systems.

Time To Retire ‘First-Past-the-Post’ Elections [New York Law Journal]

September 13, 2022

Jerry Goldfeder contributed an article to the New York Law Journal discussing the need to reform the electoral system so that elected officials are more representative of the districts they serve.

How To Fix New York’s Elections: Lessons From Ny-10 [New York Daily News]

September 10, 2022

Jerry Goldfeder contributed an article to the New York Daily News discussing the critical takeaways for voting rights advocates from New York’s Congressional primaries.

Bankruptcy Code Preempts LLC Act's Statute of Repose for Recovery of Distributions

September 01, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by a judge in the Bankruptcy Court for the District of Delaware holding that Section 546 of the Bankruptcy Code preempts Delaware’s three-year statute of repose on the liability of a member for distributions from a limited liability company.

Lessons Learned From Deadly Condo Collapse: Reshaping Industry to Prevent Future Tragedy [The Legal Intelligencer]

August 10, 2022

Ralf Rodriguez and Alexander Thompson published, “Lessons Learned From Deadly Condo Collapse: Reshaping Industry to Prevent Future Tragedy” for The Legal Intelligencer.

Cannabis-Impaired Driving Laws Must Balance Liberty, Safety [Law360]

August 10, 2022

Jacqueline Green authored an article in Law 360 in which she discusses the recently introduced Cannabis Administration and Opportunity Act.

Chancery Lacks Jurisdiction to Award Damages for an Improvidently Entered Injunction in the Absence of a Bond

August 05, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Court of Chancery holding that the court lacks subject matter jurisdiction to award damages for an improvidently granted injunction in the absence of a bond or other security.

Wells Fargo Owed No Duty To Law Firm Customer To Discover Fake Check After Customer Sent Funds To Scammer Client [Alert]

July 21, 2022

U.S. District Court grants summary judgment in favor of Wells Fargo; it did not owe its customer any contractual duty to discover a fake/forged check.

Life, Liberty, and the Pursuit of Equity: Say What?

July 18, 2022

Sarah Schlossberg contributed an article to the August Issue of ALI CLE’s The Practical Lawyer, discussing how to navigate conversations about our country’s constantly evolving constitutional law landscape.

New York: More Like Alabama Than San Francisco? [New York Law Journal]

June 23, 2022

Jerry Goldfeder contributed an article to the New York Law Journal discussing the Appellate Division, First Department’s decision that New York State’s Assembly districts are unconstitutional.

When Might a Plaintiff Argue Against Their Own Article III Standing? [Alert]

June 15, 2022

The Eastern District of NY weighed in on what should happen when a defendant attempts to remove a consumer protection matter to federal court.

Textual, Contextual, Good Faith, or Common Intent: The Need for a Baseline for Evidentiary and Interpretative Standards in International Arbitration [Kluwer Arbitration Blog]

June 06, 2022

Michael Fernández contributed an article to the Kluwer Arbitration Blog discussing the need for greater uniformity in evidentiary and interpretive rules in international arbitrations.

Director's Access to Company's Privileged Information Upheld Despite Proxy Contest

June 01, 2022

Barry Klayman & Mark Felger (Wilmington), writing in the Delaware Business Court Insider, review a recent decision by the Court of Chancery in Delaware holding that where two halves of a deadlocked board are competing in a proxy contest, neither side could benefit from the company’s resources, including its privilege, to the exclusion of the other.

Life, Liberty, and the Pursuit of Equity - Diversity, Equity, and Inclusion in the Boardroom and Beyond

May 24, 2022

Kathy Jaffari and Sarah Schlossberg contributed an article to the June issue of ALI CLE’s The Practical Lawyer, discussing the increased need for boards to take the lead on implementing equitable work policies that ensure diversity, equity, and inclusion (DEI) measures are being integrated and addressed within their organizations.

New York Election Chaos and the ‘Purcell’ Principle [New York Law Journal]

May 11, 2022

Jerry Goldfeder contributed an article to the New York Law Journal discussing the New York State Court of Appeals’ decision to invalidate congressional and state senate lines this year in the New York redistricting litigation.

Hop On, Hop Off? Not So Fast! [New York Law Journal]

April 21, 2022

Jerry Goldfeder contributed an article to the New York Law Journal discussing the need for a streamlined system for how our ballot access rules should work.

The Opioid Epidemic Reaches the US Supreme Court

April 15, 2022

Leigh Ann Benson and Stephen Miller contributed an article to The Legal Intelligencer discussing how in Ruan v. United States, the U.S. Supreme Court will decide whether a jury should consider a doctor’s subjective intent when assessing a potential violation of the Controlled Substances Act.

Slights Addresses Third-Party Direct Actions by Judgment Holders Against an Insurer

March 31, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision in the Superior Court of Delaware that addresses whether a third party may bring a direct action against an insurer for coverage on a theory of subrogation when equitable subrogation does not apply and the right cannot be traced to a statute or contract.

Life, Liberty, and the Pursuit of Equity: ADHD & Me: Strategies for Lawyers with Executive Functioning Challenges

March 22, 2022

Sarah Schlossberg contributed an article to the April issue of ALI CLE’s The Practical Lawyer, discussing strategies to help yourself stay on task, become more productive, and feel better for those with ADHD or executive functioning challenges.

Litigating Fiduciary Duty Claims [American Bar Association]

March 09, 2022

Jason Domark, Aaron Krauss and Ashley Gomez-Rodon authored chapters of the American Bar Association’s (ABA) latest book.

Law Firms In “The Great Resignation,” How The Game Changed

March 07, 2022

Josephine M. Bahn was a guest on the American Bar Association’s Litigation Radio podcast episode, Law Firms In “The Great Resignation,” How The Game Changed.

Court Refuses Appointment of a Custodian Under DGCL Section 226(a)(3) to Continue Defunct Corporation

March 02, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Delaware Court of Chancery refusing to appoint a custodian pursuant to Delaware General Corporation Law Section 226(a)(3) to continue the business of a defunct corporation.

Preparing for the Next January 6th [New York Law Journal]

February 25, 2022

Jerry Goldfeder contributed an article to the New York Law Journal discussing the problems with the procedures to elect the president of the United States.

Unthinkable: Trauma, Truth, and the Trials of American Democracy [New York Law Journal]

February 04, 2022

Jerry Goldfeder contributed an article to the New York Law Journal analyzing Unthinkable, a memoir written by Congressman Jamie Raskin.

The Common Law Insolvency Exception for the Sale of a Corporation's Assets Without Stockholder OK [Delaware Business Court Insider]

February 02, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Delaware Court of Chancery reaffirming the continuing validity of the common law insolvency exception for the sale of all or substantially all of the assets of an insolvent or failing corporation without the requirement for stockholder approval.

Life, Liberty, and the Pursuit of Equity - Righting the (Ally)Ship

January 25, 2022

David Reichenberg and Sarah Schlossberg contributed an article to the February issue of ALI CLE’s The Practical Lawyer discussing how universal calls for equity have accelerated over the past two years thanks to the pandemic.

Timely Appeal of Order of Dismissal Warrants Substitution and Further Proceedings by Chapter 7 Trustee

January 13, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court directing the Court of Chancery to substitute a Chapter 7 trustee for the nominal defendant and realign it as plaintiff in a shareholder action that had been dismissed for failure to make a demand on the company’s board of directors, where the case was pending on appeal when the bankruptcy case was filed.

How Private Is Your Digital Vaccine Record? [Bloomberg Law]

January 07, 2022

Emma Lombard co-authored an article for Bloomberg Law discussing how vaccine records on mobile phones and digital apps can be easily compromised.

Fight for NYC’s Right to Rule Itself, Eric [New York Law Journal]

December 30, 2021

Jerry Goldfeder contributed an article to the New York Law Journal discussing two ways to restructure the New York City government to be less dependent on Albany and more productive in New York City.

Ballot Access and Voter Choice: Alternatives Required [New York Law Journal]

December 17, 2021

Jerry Goldfeder contributed an article to the New York Law Journal discussing candidates the Board of Elections disqualified because of errors on their cover sheets.

VC Glasscock on the Evolution of the Vested Rights Doctrine in Delaware

December 09, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by Vice Chancellor Glasscock of the Delaware Court of Chancery reviewing the evolution of the vested rights doctrine in Delaware and synthesizing from prior case law a simplified test for its application.

In extremis — PPP Money Is Not “Free” So Applicants & Recipients Need to Beware

December 08, 2021

Larry Prosen discusses recent how the DOJ is auditing, investigating, and, where appropriate, prosecuting PPP recipients who broke the rules

Life, Liberty, and the Pursuit of Equity: Out of Sync - The Great Email Crisis

November 10, 2021

Sarah Schlossberg contributed an article to the December issue of ALI CLE’s The Practical Lawyer, discussing the pandemic's impact on the volume of email traffic.

Delaware Court Is Proper Forum to Address Issues Raised by Foreign Letters Rogatory

November 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by Judge Paul R. Wallace of the Delaware Superior Court holding that the Delaware courts are the proper forum for resolving issues raised by a subpoena issued pursuant to foreign letters rogatory, including the propriety and scope of the subpoena and whether the expenses of complying should be shifted from the non-party target to the requesting party.

‘Indispensable’ to Preserving Our Constitutional Democracy [New York Law Journal]

October 21, 2021

Jerry Goldfeder contributed an article to the New York Law Journal discussing the significant role lawyers have in preserving our constitutional democracy.

Board's Delayed Response to Misconduct in Light of Enforcement Actions Defeats 'Caremark' Claim

October 07, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by Vice Chancellor Slights of the Court of Chancery dismissing a claim that defendants violated their Caremark duties because plaintiff failed to adequately plead demand futility.

Life, Liberty, and the Pursuit of Equity: Performance Anxiety: How to Survive Evaluation Season

September 14, 2021

Sarah Schlossberg contributed an article to the October issue of ALI CLE’s The Practical Lawyer, discussing tips to ease the anxiety and pain of performance reviews.

Chancery Holds Section 3104(d)(4) Provides Standalone Authority for Alternative Means for Service of Process

September 02, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by Vice Chancellor Slights of the Court of Chancery of Delaware holding that section 3104(d)(4) of the Delaware Long Arm Statute provides standalone authority for alternative means for service of process, and approving international service of a summons and complaint by email and posting at the defendants’ residences.

Life, Liberty, and the Pursuit of Equity: Return to What?

August 10, 2021

Sarah Schlossberg contributed an article to the August issue of ALI CLE’s The Practical Lawyer, discussing reentry into the workplace following an unprecedented global crisis.

Sontchi Rejects Majority View on Test to Determine Whether a Business Trust Is an Eligible Debtor

July 01, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from Chief Judge Sontchi of the Bankruptcy Court for the District of Delaware holding that the law of the jurisdiction in which a trust is organized governs whether it is a “business trust” that can be an eligible debtor under the Bankruptcy Code.

Coastal Communities Require Permits from Coastal Commission and from HCD for Mobile Home Construction [Alert]

June 29, 2021

Tom Casparian discusses the California Court of Appeals decision that the CCC and HCD have overlapping jurisdiction when it comes to mobile home construction and replacement in the coastal zone.

Are Certain Candidates Beyond Redemption? [New York Law Journal]

June 24, 2021

Jerry Goldfeder contributed an article to the New York Law Journal discussing a City Charter amendment that disqualifies certain felons from running or holding office in New York City.

COVID Lessons Learned: Supply Chains Post-Pandemic [Industry Today]

June 07, 2021

Heather Marx and Kristi Zentner published an article in Industry Today discussing the impact of the COVID-19 pandemic on the global supply chain.

High Court Affirms Bankruptcy Ends LLC Membership but Not Member's Economic Interest

June 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from the Supreme Court of Delaware affirming that the Bankruptcy Code does not preempt the Delaware Limited Liability Company Act to the extent that it divests members of an LLC who file for bankruptcy of the right to participate in the management of the company, but not their economic interest.

The Ranked-Choice Difference: What New Yorkers Should Look For When They Vote in This Month’s Primary [New York Daily News]

June 02, 2021

Jerry Goldfeder contributed an article to the New York Daily News discussing the ranked-choice voting process.

FDCPA Rulings Show Spokeo's Influence, 5 Years Later

May 27, 2021

Brett Watson and Karl Riley wrote an Expert Analysis for Law360, discussing how the U.S. Supreme Court's 2016 decision in Spokeo Inc. v. Robins single-handedly raised the bar for a plaintiff alleging a violation of a consumer protection statute, including the Fair Debt Collection Practices Act.

Life, Liberty, and the Pursuit of Equity: Oops, I Did it Again: Identifying and Rectifying Microaggressions

May 20, 2021

Sarah Schlossberg contributed an article to the June issue of ALI CLE’s The Practical Lawyer, discussing how microaggressions and implicit biases impact female and diverse attorneys.

Corporations, Fight Voting Curbs: Press Statements And Symbolic Periodic Boycotts Aren’t Good Enough [New York Daily News]

May 14, 2021

Jerry Goldfeder contributed an article to the New York Daily News discussing business leaders' responses to restrictive voting laws nationwide.

What Constitutes a Consumer Deposit for Priority Treatment Under the Bankruptcy Code

May 05, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from the Bankruptcy Court for the District of Delaware discussing what is a consumer deposit for purposes of priority treatment under section 507(a)(7) of the Bankruptcy Code and holding that prepayments to a flight service company for future airplane flights were deposits within the meaning of the statute.

US Supreme Court Poised to Revolutionize College Athletics

April 29, 2021

Stephen Miller and Jonathan Ciriello contributed an article to The Legal Intelligencer discussing how change is coming to the NCAA’s amateurism model.

New York Still Needs More Reform [New York Law Journal]

April 22, 2021

Jerry Goldfeder contributed an article to the New York Law Journal discussing how New York is tackling voting rights.

Playing Nice in the Sandbox: Tips for Counsel and Co-Trustees in Trust Litigation

April 06, 2021

Jason Domark co-authored an article for the Daily Business Review discussing how co-trustees and their counsel must coordinate their efforts to ensure an effective and efficient representation.

Motions for Partial Dismissal Toll the Period for Answering the Entire Complaint for Del.'s Note Action Statute

March 31, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Superior Court of Delaware holding that partial motions to dismiss toll the period for answering the entire complaint under Delaware’s Note Action Statute moving for partial dismissal before answering is not a procedural error necessitating a default or other repercussions.

Life, Liberty, and the Pursuit of Equality: The Rise of the Millennials

March 23, 2021

Sarah Schlossberg contributed an article to the April issue of ALI CLE’s The Practical Lawyer, discussing the challenges in the workplace and profession resulting from the rise of millennials.

Christopher Hennessy and Jeremy Glenn contributed an article to the Illinois State Bar Association L&E Newsletter

March 18, 2021

Christopher Hennessy and Jeremy Glenn contributed an article to the Illinois State Bar Association's (ISBA) Labor and Employment Law Newsletter discussing a recent bill introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants, particularly those entered into after the effective date of the bill's adoption into law — including barring some altogether.

US Supreme Court Considers Religious-Freedom Case From Phila.

March 03, 2021

Stephen Miller and Rohan Mohanty contributed an article to The Legal Intelligencer discussing the U.S. Supreme Court case of Fulton v. City of Philadelphia.

The Doctrine of Unclean Hands as Guardian of Equity

March 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Court of Chancery of Delaware that discusses the doctrine of unclean hands and explains how it serves as the guardian of equity and a vehicle for protection of the reputation of the court itself.

Protecting the Right to Vote [New York Law Journal]

February 25, 2021

Jerry Goldfeder contributed an article to the New York Law Journal discussing several bills in Congress that would make voting more accessible.

Progressive Paid Leave Policy Introduced in Philadelphia City Council [Alert]

February 17, 2021

Joseph Hill, Michael Henlon, and Brianna Westbrooks discuss legislation introduced in Philadelphia City Council that would significantly expand required paid sick leave for individuals at companies with more than 50 employees.

Party Switchers Welcome; Invaders Not [New York Daily News]

February 08, 2021

Jerry Goldfeder contributed an article to the New York Daily News discussing a New York start-up group urging Republications to become Democrats to nominate a candidate in June’s Democratic primary for mayor.

The Affiliate Privilege Doctrine Explained

February 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Delaware Superior Court that serves as a primer on the affiliate privilege doctrine.

Life, Liberty, and the Pursuit of Equality Her-Story: Elevating the Narrative

February 01, 2021

Sarah Schlossberg contributed an article to the February issue of ALI CLE’s The Practical Lawyer, discussing Cozen O’Connor Women’s Initiative 19th Amendment Series.

SEC Proposed Exemption Provides Regulatory Clarity For Unregistered Finders

January 25, 2021

Joe Dever, Seth Popick, and Lindsey Stillwell contributed an article to Temple's Business Law Magazine discussing the SEC's decision to provide much-needed clarity to the regulatory status of so-called "finders" who assist small businesses in raising capital.

Illinois Restrictive Covenants Face A Sea Change If Bill Passes

January 19, 2021

Christopher Hennessy and Jeremy Glenn contributed an article to Law360 discussing how on January 8th, a bill was introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants entered into after the effective date of its adoption into law, including barring some altogether.

A Primer and a Warning for Section 220 Proceedings

January 14, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Court of Chancery in Delaware that serves as a primer on increasingly common defenses to stockholder books and records inspection demands and a cautionary tale for defendants in Section 220 proceedings who opt to pursue overly aggressive defense strategies that seek to place obstacles to the use of Section 220 as a quick and easy pre-filing discovery tool.

High Court Considers Retroactive Application of Unanimous Jury Ruling

January 07, 2021

Stephen Miller and Leigh Ann Benson contributed an article to The Legal Intelligencer discussing how earlier this year, only two states still permitted nonunanimous jury convictions—Louisiana and Oregon.

Chancery Holds First-Party Claims Covered by Standard Indemnity Provision in LLC Agreement Absent Express Contrary Intent

December 09, 2020

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Court of Chancery in Delaware holding that first-party claims are covered by a standard indemnity provision in a limited liability company agreement absent an express intent to the contrary, rejecting application of the presumption in a line of cases involving bilateral commercial contracts against fee-shifting with respect to claims between the contracting parties absent a clear statement allowing it.

Navigating Atty Relationship Conflicts That May Imperil Cases

December 03, 2020

Thomas Wilkinson and Douglas Fox contributed an article to Law360 discussing how to identify and what to do when conflicts arise out of a lawyer's "personal relationship" with opposing counsel.

Life, Liberty, and the Pursuit of Equality: The Ongoing Challenge of Law Firm Gender Diversity

November 30, 2020

Sarah Schlossberg contributed an article to the December issue of ALI CLE’s The Practical Lawyer, discussing areas of inequality within the legal profession today.

Trump Can Be the Greatest Loser [New York Daily News]

November 26, 2020

Jerry Goldfeder contributed an article to the New York Daily News discussing whether former President Trump will concede that he lost in the 2020 Presidential Election.

Enforcement of Foreign Arbitral Awards in the U.S. Post Daimler AG v. Bauman [Kluwer Arbitration Blog]

November 26, 2020

Michael Fernández contributed an article to the Kluwer Arbitration Blog discussing the challenges created by the personal jurisdiction requirements under U.S. law in the enforcement of foreign arbitral awards.

What Calif.'s New Consumer Debt Law Means For Collectors

November 23, 2020

Brett Watson contributed an article to Law360 discussing the enactment of the Debt Collection Licensing Act and the impact this will have on collectors.

Waiver of Partition Right Held Unenforceable Where Unlimited in Duration

November 04, 2020

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Court of Chancery in Delaware holding that a waiver of partition rights by co-tenants of real property was unenforceable because it was unlimited in duration.

Supreme Court Confronts Whether Computer Code Can Be Copyrighted

November 04, 2020

Stephen Miller and Chase Howard contributed an article to The Legal Intelligencer explaining how in October, the court heard oral argument in Google v. Oracle America, a case that is being closely watched by the software industry.

ABA Issues Ethics Guidance on Lawyers’ Duties When Clients Engage in Fraudulent or Criminal Behavior

November 04, 2020

Thomas Wilkinson and Douglas Fox contributed an article to the PBA Federal Practice newsletter discussing lawyer’s ethical responsibilities when the their client appears to be engaging in a fraudulent scheme or criminal behavior and seeks advice in furthering that conduct.

California Brings Licensing and Oversight to Consumer Debt Collectors [Alert]

November 02, 2020

Brett D. Watson discusses the DCLA, one of several new consumer protection bills recently enacted in California, including the state’s “mini-CFPB,” otherwise known as the California Consumer Financial Protection Law.

2020 Election Sidebar: No Winner in a State? What Then? [New York Law Journal]

October 26, 2020

Jerry Goldfeder contributed an article to the New York Law Journal discussing the latest legal issues concerning mail-in ballots in the presidential election.

Please Don’t Tell Kamala I’m With Her. I Wouldn’t Want to Jinx the Race [Los Angeles Times]

October 22, 2020

Jerry Goldfeder contributed an article to the Los Angeles Times discussing his experience supporting presidential candidates.

Anti-Assignment Clause Prohibiting Assignment by Operation of Law Applies to Subsequent Merger

October 07, 2020

Barry Klayman and Mark Felger writing in the Delaware Business Court Insider, discuss a recent decision by the Superior Court of Delaware holding that an anti-assignment clause prohibiting an assignment “by operation of law” without the other party’s consent applied to a subsequent merger in which the contracting party was not the surviving entity.

Demand Respect for Results [Albany Times Union]

October 05, 2020

Jerry Goldfeder contributed an article to the Albany Times Union discussing President Trump’s refusal to agree to a peaceful transition of power if he loses the 2020 election.

Preparing For Enhanced Enforcement Under Calif. 'Mini-CFPB' [Law360]

September 28, 2020

Brett Watson and Michael Kraft published an article to Law360 highlighting certain key provisions of the CCFPL and discussing what the CCFPL might mean for practitioners, the pros and cons of the new legislation, the challenges presented by the CCFPL, and how financial services providers should prepare themselves for anticipated aggressive enforcement procedures.

Fashion Industry Adaptations Amid Trade War, Pandemic

September 18, 2020

Heather Marx published an article to Law360 discussing the different effects that trade policies and the COVID-19 pandemic have had on the fashion industry.

Chapter 7 Trustee Can Abandon Looting Claims Back to Creditors Who Had Them Before the Bankruptcy

September 02, 2020

Barry Klayman and Mark Felger contributed an article to the Delaware Business Court Insider.

Protecting the Right to Vote: The Assault on the Franchise Continues [New York Law Journal]

September 01, 2020

Jerry Goldfeder contributed an article to the New York Law Journal discussing the ongoing battle to protect your right to vote.

The benefits of long-term relationships in influencer marketing

August 14, 2020

Mayura Noordyke contributed an article to Agility PR Solutions discussing how putting in the work to build long-term relationships with influencers is the best way for brands to reap stable and continuing benefits.

Trump’s Tweets Are Hollow, but Frank Underwood-Style Voter Suppression Is a Real Election Day Threat [Daily Eagle]

August 11, 2020

Jerry Goldfeder contributed an article to the Daily Eagle discussing President Trump’s diversions to disrupt the 2020 presidential election.

A Long, Broken Arm Internet Defamation & Personal Jurisdiction

August 07, 2020

Michael de Leeuw and Tamar Wise contributed an article to the ACC New York City Chapter newsletter discussing issues associated with personal jurisdiction and the Internet.

Mobile Home Parks, Rental Property and COVID-19 Government Orders

August 06, 2020

Thomas Casparian provided an update for the Manufactured Housing Educational Trust —Mobile Home E-Series, to answer some questions MHET has posed that are plaguing community management, and help explain the web of emergency rules and restrictions.

Seller's Privilege Claims Remain With Seller Unless Buyer Contracts for Waiver or Waiver Right

August 05, 2020

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Court of Chancery holding that, unlike the rule in merger cases, the privilege for communications regarding an asset purchase agreement and associated negotiations does not pass to the purchaser by default operation of law, but remains with the seller unless the buyer contracts for something different.

Leveraging GIS-Based Technology for Adjacent Construction Claims

August 03, 2020

Simeon Brier and Matthew Criscuolo contributed an article to the ABA discussing how adjacent construction claims are teeming with complex, data-driven issues where technology can provide tools to aid in the investigation, management and resolution of such claims.

Before John Lewis, Was the Bold Life and Unjust Death of Maceo Snipes [USA Today]

July 31, 2020

Jerry Goldfeder contributed an article to USA Today discussing Maceo Snipes’s death and the impact he had on voting rights.

2020 Election Sidebar: Still No Plan for a Smooth Election [New York Law Journal]

July 01, 2020

Jerry Goldfeder contributed an article to the New York Law Journal discussing the need to develop contingency plans for voting during natural disasters or health crises.

Chancery Decision Seeks to Further Clarify Operation of Del. Borrowing Statute

July 01, 2020

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Court of Chancery interpreting the state’s borrowing statute, which provides that a suit to enforce a cause of action arising outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.

California Court of Appeal Holds Banks Owe Depositors No Duty to Monitor Other Depositor’s Accounts [Alert]

June 30, 2020

Brett D. Watson discusses the California Court of Appeal's decision in Kurtz-Ahlers v. Bank of America.

Send Every N.Y. Voter a Ballot [New York Daily News]

June 29, 2020

Jerry Goldfeder contributed an article to the New York Daily News discussing Governor Cuomo’s executive order permitting all New Yorkers to vote by mail in the primary elections.

Expect an Uptick in Employee Embezzlement Following COVID-19 Lockdowns [Alerts]

June 25, 2020

Brett D. Watson discusses why small businesses could experience an uptick in embezzlement post-COVID-19, how to prevent it, and how banks can insulate themselves from liability.

The Constitution and Religious Gatherings [The National Law Journal]

June 24, 2020

Michael de Leeuw and Tamar Wise contributed an article to The National Law Journal discussing the constitutional limits on infringements on religious gatherings.

New York Elections During the Pandemic [New York Law Journal]

June 17, 2020

Jerry Goldfeder contributed an article to the New York Law Journal discussing Governor Andrew Cuomo’s executive orders to postpone the presidential primary and streamline the voting process during the pandemic.

Binding Electoral Votes: A Bad Idea for New York [New York Law Journal]

June 17, 2020

Jerry Goldfeder contributed an article to the New York Law Journal discussing William Josephson’s recent essay criticizing the current New York State Senate bill that would bind presidential electors to cast their votes for the winner of the popular vote.

Guest Post – Reverse Engineering Can Get You Only So Far. Florida Case Dismissed After Grant of Daubert Motions

June 12, 2020

Karl Neumann wrote a guest piece for the Drug & Device Law Blog discussing Ramkelewan v. Globus Medical Inc. No. 5:18-cv-100, 2019 U.S. Dist. LEXIS 229357 (M.D. Fla. Dec. 10, 2019).

Chancery Upholds Shareholder Representative Structure and Refuses to Treat Sellers as Real Parties in Interest

June 10, 2020

Barry Klayman and Mark Felger published an article in the Delaware Business Court Insider.

It’s Been a Privilege: The Erosion of the Attorney-Client Privilege

June 08, 2020

Alycen Moss and Danielle Le Jeune contributed an article to the 2020 GDLA Law Journal discussing the importance of the attorney-client privilege.

Civil Liberties in the Age of COVID-19

June 01, 2020

Erica Pulford contributed an article to the Rutgers University Law Review discussing whether or not states can close their borders to, or impose mandatory quarantine on travelers from states or cities that have a high community spread of COVID-19.

5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

May 27, 2020

John Johnson contributed an article to Law360 discussing five ways to revisit your risk management strategies to avoid unnecessary exposure and reduce claims against your firm.

2020 Election Sidebar: No Voters Need Apply? [New York Law Journal]

May 26, 2020

Jerry Goldfeder contributed an article to the New York Law Journal discussing a U.S. constitutional provision that refers to state legislature’s authority to decide who picks presidential electors.

INSIGHT: Virtual Business Contacts Can Create Virtual Personal Jurisdiction

May 21, 2020

Thomas O'Rourke and William Lesser published an article to Bloomberg Law discussing how people reaching out to businesses in other states through various technology platforms to conduct business has implications for personal jurisdiction and the accompanying minimum contacts analysis.

How States Are Relaxing Truck Weight Rules During COVID-19

May 20, 2020

Tia Ghattas, Josh Greenbaum and Kendall Hayden contributed an article to Law360 outlining how some states have approached weight requirements and permit requirements, and what trucking companies should do to adhere.

COVID-19 and the Risk of Anti-Competitive Employment Practices

May 11, 2020

Jonathan Grossman, Mark Jacobson and Max Kaplan published an article to Corporate Compliance Insights discussing how employers, staffers, and recruiters should be cautious of antitrust enforcement during COVID-19.

Navigating Consumer Refund Demands on Account of the COVID-19 Pandemic [Alert]

May 08, 2020

Adam Schlatner and Matthew Elkin discuss the various state statutes and other issues facing sports teams, third-party ticket sellers, and other businesses that sell season passes and advance tickets.

COVID-Driven Commercial Litigation – What Businesses Can Expect

May 08, 2020

Adam Schlatner and Michael de Leeuw discuss potential COVID-19 related litigation, based on what is already happening and the legacy of other downturns.

Businesses may look to doctrines to excuse contract obligations

May 07, 2020

Jeffrey Greenspan contributed an article to the Chicago Daily Law Bulletin discussing a few legal doctrines that may come into play when analyzing a business’s duty to perform under a contract.

Cause of Action for Professional Negligence Accrues at the Time of Injury, Not When Damages Occur [Delaware Business Court Insider]

May 06, 2020

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider discussing a recent decision of the Delaware Supreme Court holding that for tort claims, such as legal malpractice actions, the wrongful act occurs at the time of injury.

Pandemic Drug Test Guidance Offers Relief To Trucking Cos.

May 06, 2020

Tia Ghattas, Josh Greenbaum and Kendall Hayden contributed an article to Law360 discussing the guidance on compliance with drug and alcohol testing requirements during COVID-19.

2020 Election Sidebar: Can the Election Be Postponed? [New York Law Journal]

April 28, 2020

Jerry Goldfeder contributed an article to the New York Law Journal discussing whether President Trump can delay the 2020 Presidential Election.

Litigation During the Pandemic: Remote Depositions [Alert]

April 23, 2020

Michael de Leeuw, Adam Schlatner, and Amy Alderfer discuss things to consider before taking your first remote deposition.

Contracting to Avoid Force Majeure Litigation in the Midst of the COVID-19 Pandemic [Alert]

April 23, 2020

Abby L. Sacunas and Nicole H. Sprinzen discuss possible language for new and future contracts to avoid contract disputes that arise out of COVID-19 and future pandemics.

How COVID-19 Might Uproot Centuries Of Litigation Traditions

April 21, 2020

Elisabeth Ross and Christopher Hennessy published an article to Law360 discussing how due to COVID-19 courts, judges and attorneys may have to adapt further or even change the rules of litigation to bring greater flexibility to the way cases are handled.

While the world is on pause, it’s a good time to review your social media compliance policy

April 20, 2020

Brianne Polito contributed an article to Agility PR Solutions encouraging businesses to review their social media advertising strategies and compliance programs to ensure that they are updated, specifically tailored to the business, and that their marketing teams as well as influencers understand what is required under the FTC regulations.

Takeaways From FDA's Relaxed Rules For Making Face Masks

April 13, 2020

Denise Bense and Karl Neumann published an article to Law360 discussing the FDA's guidance policy for face masks and respirators during the coronavirus pandemic.

Telework May Bring Reimbursement Claims For Ill. Employers

April 10, 2020

Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing teleworking and what this might mean for Illinois businesses in terms of expense reimbursement.

Four considerations when coronavirus makes you a trustee

April 02, 2020

Jason Domark published an article to South Florida Business and Wealth discussing how there is a lot to know and understand as a new trustee and gives four considerations to help along the way.

Bankruptcy Court Lacks Jurisdiction to Decide Motion to Stay Pending Appeal [Delaware Business Court Insider]

April 01, 2020

Barry Klayman and Mark Felger discuss a recent decision of the U.S. Bankruptcy Court for the District of Delaware refusing to grant a motion to stay the bankruptcy proceedings pending an appeal to the district court.

Pandemic-Related Funding Options For Ill. Businesses

March 30, 2020

Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing the different programs the state of Illinois has announced to help businesses navigate through the COVID-19 pandemic.

Force Majeure from the Trenches: Cancelling Contracts in the Midst of a Global Pandemic [Alert]

March 18, 2020

Michael D. Rafalko discusses factors to consider when canceling a contract due to force majeure.

Illinois Shuts Down Most Gatherings, Expands Unemployment Benefits [Alert]

March 17, 2020

Jim Argionis discusses recent executive orders impacting Illinois's citizens and businesses.

Guarding Against Conflict Over The Procuring Cause Doctrine

March 10, 2020

Karl Neumann contributed an article to Law360 discussing the procuring cause doctrine.

Tornadoes, Coronavirus and the 2020 Elections [New York Law Journal]

March 10, 2020

Jerry Goldfeder contributed an article to the New York Law Journal discussing a devastating tornado in Tennessee that sent election regulators scrambling as to how to conduct the state’s voting.

Chancery Reaffirms Fiduciary Exception to Attorney-Client Privilege [Delaware Business Court Insider]

March 04, 2020

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision of the Delaware Court of Chancery reaffirming the fiduciary exception to the attorney-client privilege in the face of a challenge based on an amendment to the Decedents’ Estates and Fiduciary Relations law.

Superior Court Holds Jurisdiction Over Enforcement of Charging Order Vests in Chancery Court [Delaware Business Court Insider]

February 05, 2020

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider explaining a recent decision in the Delaware Superior Court, which held that the Court of Chancery was the appropriate forum for enforcement of a charging order where the validity of conveyances between a limited liability company and its members was at issue.

Impeachment Sidebar: The Senate Trial [New York Law Journal]

January 27, 2020

Jerry Goldfeder contributed an article to the New York Law Journal discussing why the Senate was selected to try an impeached public official.

Chancery Modifies Order After Finding Amendment, Representations Changed Litigation [Delaware Business Court Insider]

January 15, 2020

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider discussing a recent decision in the Court of Chancery of Delaware granting a corporation’s motion to modify an earlier advancement order where the corporation subsequently amended its claims against a former officer and director in order to eliminate the grounds for advancement.

US Supreme Court Considers Reach of Copyright Laws [The Legal Intelligencer]

January 08, 2020

Stephen Miller and Chase Howard published an article to The Legal Intelligencer discussing the U.S. Supreme Court's consideration for whether a state can copyright annotated complications of its own statutes.

Partisan Gerrymandering—A Continuing Threat [New York Law Journal]

December 26, 2019

Jerry Goldfeder contributed an article to the New York Law Journal discussing partisan gerrymandering of electoral districts, which has infected American elections since the beginning of the republic.

Impeachment Sidebar: High Crimes and Misdemeanors [New York Law Journal]

December 20, 2019

Jerry Goldfeder contributed an article to the New York Law Journal discussing President Trump’s impeachment.

What I Wish I Knew When I Began My Law Career [The Legal Intelligencer]

December 11, 2019

Leigh Ann Benson and other members of the Young Lawyers Editorial Board contributed an article to The Legal Intelligencer, sharing some practical advice that they would have given to themselves when they were attorneys entering the work force.

Chancery Applies 'Statutory Override' to Uphold Privilege for Emails Hosted on Adversary's Server [Delaware Business Court Insider]

December 11, 2019

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision in the Court of Chancery of Delaware concerning the applicability of the attorney-client privilege to emails between a party and his attorneys.

US Supreme Court Considers 'Defense Preclusion' in Trademark Dispute [The Legal Intelligencer]

December 05, 2019

Stephen Miller and Leigh Ann Benson published an article to The Legal Intelligencer discussing a current case that will be brought before U.S. Supreme Court.

Impeachment Sidebar: Bribery [New York Law Journal]

December 03, 2019

Jerry Goldfeder contributed an article to the New York Law Journal discussing the House of Representatives Permanent Select Committee on Intelligence’s fact-finding report for President Trump’s impeachment inquiry.

"Advertising" Then and Now [DRI For the Defense]

December 01, 2019

Alissa Christopher and Ashley Gomez-Rodon contributed an article to the DRI publication, For the Defense, discussing how changes in technology and the emergence of web-based advertising have forced insurers to examine what constitutes "advertising" under commercial general liability Coverage B.

Guidance On Duty To Warn In Integrated Behavioral Healthcare

November 29, 2019

Karl Neumann published an article to The Physicians Report discussing how providers and scholars in recent years have advocated for the integration of behavioral and mental health care into the primary-care system.

Impeachment Sidebar: Historical Context [New York Law Journal]

November 13, 2019

Jerry Goldfeder contributed an article to the New York Law Journal discussing the history of the impeachment process.

In Pari Delicto: Neither Fish Nor Fowl [Delaware Business Court Insider]

November 06, 2019

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision of the Court of Chancery of Delaware holding that the defense of in pari delicto is not limited either to actions in equity or at law, and may be asserted as a defense by the Receiver of an insurance company to a legal claim brought in a statutory liquidation proceeding pending in the Court of Chancery.

After Reargument, Chancery Affirms There Is No Bar to an Advance Waiver of Appraisal Rights [Delaware Business Court Insider]

October 09, 2019

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision of the Court of Chancery of Delaware holding that the Delaware General Corporation Law does not prohibit sophisticated owners of a corporation from including provisions in a merger agreement that bind them to a future sale of the resulting entity and the waiver in advance of their statutory appraisal rights.

The First Amendment is Not a Right to Say Anything, Anywhere

September 27, 2019

Jesse Loffler contributed an article to Lawyers Journal discussing American's freedom of speech and what this really entails.

Summer 2019 Election Law Round-Up [New York Law Journal]

August 28, 2019

Jerry Goldfeder contributed an article to the New York Law Journal discussing several of the latest rulings by New York courts concerning limitations on the public’s involvement in elections.

New York’s Arcane Election Laws Continue to Suppress Voters [New York Law Journal]

August 27, 2019

Jerry Goldfeder contributed an article to the New York Law Journal discussing the ballot issues in the recent Queens County district attorney race, which took 43 days to settle.

PA Appellate Court Strikes Down Project Labor Agreement for First Time—Saves Taxpayers Millions

August 08, 2019

For the first time, a Pennsylvania court struck down the lawfulness of a project labor agreement (“PLA”), finding that it violated Pennsylvania’s competitive bidding laws. As a result, the pool of potential bidders on Pennsylvania public projects—both union and nonunion—remains competitive and will save taxpayers millions.

Events & Seminars

Upcoming Events

Dealing with Difficult Opposing Counsel: Tactics for Handling "Bad" Behavior

August 06, 2024 - Webinar

Jillian Flax will present “Dealing with Difficult Opposing Counsel: Tactics for Handling "Bad" Behavior” for the American Law Institute Continuing Legal Education.

Past Events

2024 Upper Midwest Employment Law Institute

May 20, 2024 - Saint Paul, Minnesota

10 Things General Counsel Want Their Outside Lawyers to Know

May 07, 2024 - Minneapolis, Minnesota

2024 ABA Litigation Section Annual Conference

May 01, 2024 - Washington, D.C.

Market Implications Of The Fair Use Dialogue

April 30, 2024 - New York, NY

2024 MHI Congress and Expo

April 04, 2024 - Las Vegas, NV

2024 Election Update with Steve Kornacki

April 03, 2024 - New York, NY

ESG In The International Trade And Supply Chain

March 21, 2024 - Washington, D.C.

Keep your Retailer and Restaurant out of Jeopardy!

February 22, 2024 - Rancho Mirage, CA

Protecting Your Rights and The Money Chase

February 16, 2024 - Miami, Florida

Ensuring Effectiveness of Pre-Arbitral Mechanisms

February 07, 2024 - San José, Costa Rica

Viral in the Law: The Dos and Don’ts of Social Media

February 01, 2024 - Louisville, KY

Arbitration and Mediation

December 12, 2023 - Webinar

59th Annual Inter-American Bar Association Conference

December 01, 2023 - Rio de Janeiro, Brazil

The 27th Annual Course on Written Advocacy

November 17, 2023 - Toronto, ON

Arbitration of Fintech Disputes

November 14, 2023 - New York, NY

Compliance and Ethics in Senior Living

October 31, 2023 - Lancaster, PA

2023 Association of Corporate Counsel Annual Meeting

October 23, 2023 - San Antonio, TX

Mexican Labor and USMCA’s Rapid Response Mechanism

October 20, 2023 - Cleveland, OH

Key Legal Issues Keeping In-House Counsel Up at Night

September 27, 2023 - Washington, D.C.

Legal Update on the Mallory Case

September 26, 2023 - Webinar

Labor Rights and the USMCA

September 20, 2023 - Mexico City, Mexico

Legal Update with Kendall Kelly Hayden

September 13, 2023 - San Antonio, Texas

TIPS & YLD Section Conference

May 03, 2023 - New York, NY

Hot Tips in Litigation

April 23, 2023 - Hershey, PA

A Review and Update on Civil Rule 30 (b)(6)

April 19, 2023 - Atlanta, GA

Getting to Know You…in 5 Minutes: Speed Networking

March 30, 2023 - West Conshohocken, PA

Arbitration of Cryptocurrency Disputes

March 16, 2023 - New York, NY

ESG - What's New and Why It's Relevant to You

March 08, 2023 - Philadelphia, PA

FIRE Starters Global Summit: Dublin, Ireland

February 22, 2023 - Dublin, Ireland

2022 Association of Corporate Counsel Women’s Summit

November 16, 2022 - Conshohocken, PA

24th Annual Commercial Real Estate Institute

November 08, 2022 - New York, NY

The 26th Annual Course on Written Advocacy

November 01, 2022 - Webinar

Gerrymandering, Race and Inequality

October 27, 2022 - Webinar

Arbitration v. Litigation

October 26, 2022 - Boston, MA

Plenary: Contentious and High Stakes Mergers

October 20, 2022 - Ottawa, ON

Update on Student Loans and Bankruptcy

October 17, 2022 - Minneapolis, Minnesota

Ask the Attorneys – Navigating Today’s Legal Landscape

October 06, 2022 - Stone Mountain, GA

Mastering Master Agreements

September 29, 2022 - Memphis, TN

Future of Legal Professions

August 23, 2022 - Singapore

Collaborative Bar Leadership Academy

June 28, 2022 - Chicago, IL

A Tour Around The Arbitration World

June 15, 2022 - Austin, Texas

Election Interference

April 28, 2022 - Webinar

Ethics and Professionalism for Lawyers in 2022

April 05, 2022 - Houston, TX

Ask an EMBA: Asset Management Panel

February 16, 2022 - New Haven, CT

The Challenges of SHIP’s Rehabilitation

February 10, 2022 - Santa Fe, New Mexico

My NDA is DOA

January 25, 2022 - Webinar

Protecting Our Constitutional Democracy

December 15, 2021 - Webinar

2021 Trade Year in Review

November 11, 2021 - Webinar

Protecting the Ballot: Election Law and Voter Access

October 20, 2021 - New York, New York

Second Chair, Not Second Fiddle

October 06, 2021 - Webinar

Legal Ethics Development in 2020 and 2021

August 17, 2021 - Webinar

Developments in ISDS: The Roaring 20s?

August 10, 2021 - Webinar

Northwestern Alumni Fireside Chat

February 26, 2021 - Webinar

Transferring a Business

January 13, 2021 - Webinar

Updates on U.S. Trade Remedies

December 14, 2020 -

Reforming The Electoral College

December 09, 2020 - Webinar

Arbitrator Immunity and Liability Survey

December 02, 2020 - Webinar

Professional Liability Virtual Seminar

December 02, 2020 - Webinar

22nd Annual Commercial Real Estate Institute

November 16, 2020 - Webinar

Navigating the Zone of Insolvency

October 30, 2020 - Webinar

Success Tips for Female Trial Lawyers

October 21, 2020 - Webinar

2020 Electoral Activism Training Academy

September 26, 2020 - Webinar

Supreme Court Update: A Look Ahead

September 22, 2020 - Webinar

Divorce 101

September 22, 2020 - Webinar

12th Annual In-House Counsel Conference

July 28, 2020 - Philadelphia, PA

Litigating Post-Coronavirus

July 23, 2020 - Webinar

The 2020 Hospitality Law Conference: Houston

April 22, 2020 - Houston, TX

Litigating through the Coronavirus

April 17, 2020 - Webinar

CARES Act Loan Programs and Tax Relief

April 16, 2020 - Webinar

This Is The House That Women Built

December 04, 2019 - Dallas, Texas

Pennsylvania Bar Institute

November 22, 2019 - Philadelphia, PA

2019 ACC Annual Meeting

October 29, 2019 - Phoenix, Arizona

2019 CLM Southeast Conference

October 03, 2019 - Kissimmee, Florida

2019 In-House Counsel CLE Series

September 17, 2019 - Minneapolis, MN

10th Law of Shale Plays Conference

September 04, 2019 - Pittsburgh, PA

In The News

Fourteen Cozen O’Connor Lawyers Named to Minnesota Monthly “Top Lawyers” list

July 09, 2024

The list will appear in the July/August 2024 issue of Minnesota Monthly

Super Lawyers Names 15 Cozen O’Connor Attorneys to its 2024 Florida List

July 03, 2024

Eight Cozen O’Connor attorneys have been recognized as Super Lawyers, including Susan N. Eisenberg, James A. Gale, Howard S. Krooks, Samuel A. Lewis, Ellen S. Morris, Stuart R. Morris, Ralf R. Rodriguez, and Martin T. Schrier. The seven Cozen O’Connor attorneys recognized as Rising Stars are Heather Beale, Tiffany Bustamante, J. Kent Crocker, Arielle Eisenberg, Alexandra J. Schultz, Natasha Shaikh, and Paul Souferis.

What SCOTUS’ Immunity Ruling Means for Trump’s Cases and Future Presidents

July 02, 2024

Jerry Goldfeder was quoted in a WLRN article discussing how the U.S. Supreme Court’s decision regarding presidential immunity will impact Donald Trump’s conviction and sentencing in New York.

Brett Nicole Taylor Named 2024 Southern CA Super Lawyers Rising Star

June 21, 2024

Brett Nicole Taylor was named to the 2024 Super Lawyers Southern California Rising Stars list and the 2024 Super Lawyers Women’s Edition.

Discussing Voting Rights With the Next Generation

June 21, 2024

Josephine Bahn was a guest on the National Association of Women Lawyers (NAWL) podcast to discuss her role in the voting rights case Nairne v. Ardoin.

Banking, Regulations, and Litigation: A Perfect Match

June 18, 2024

Aaron Krauss and Brett Watson were guests on the Litigation Radio podcast to discuss the legal challenges and strategies banks need to navigate the complex regulatory environment.

31 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 11, 2024

Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only 5 percent of attorneys are named Super Lawyers; only 2.5 percent of attorneys are listed as Rising Stars.

Nearly 100 Cozen O’Connor Lawyers, 27 Practices Earn Top Recognition in Chambers USA 2024 Guide

June 10, 2024

Chambers USA rankings are based on an “assessment of a firm’s work and opinions from external market sources, with an emphasis on client feedback.” In order to be ranked in the guide, lawyers and firms must demonstrate “sustained excellence.”

Michael Fernández Elected to the New York City Bar Association Board of Directors

June 03, 2024

Michael Fernández, member of the firm’s Commercial Litigation Department, has been elected to the New York City Bar Association (NYCBA) Board of Directors.

Two Cozen O'Connor Attorneys Named Delaware Super Lawyers

June 03, 2024

Super Lawyers has selected Mark Felger for the 2024 Delaware Super Lawyers list and Kaan Ekiner for its Delaware Rising Stars list.

Cozen O’Connor Lands Securities Enforcement Regulatory Attorney Alexander I. Cohen, Further Expanding its Securities Litigation & SEC Enforcement Practice in New York City

June 03, 2024

Cohen, who comes to the firm from Sidley Austin LLP, joins the firm as a member and will work out of its rapidly growing New York City office.

Jerry Goldfeder Discusses Donald Trump’s Conviction on 1010WINS

May 31, 2024

Jerry Goldfeder was a guest on 1010WINS to discuss Donald Trump’s felony conviction.

Jerry Goldfeder Analyzes Donald Trump’s Reaction to His Conviction on 1010WINS

May 31, 2024

Jerry Goldfeder was a guest on 1010WINS to discuss Donald Trump’s reaction to his criminal hush money trial conviction.

Trump Was Found Guilty of Crimes in New York. Can He Still Vote in Florida?

May 30, 2024

Jerry Goldfeder was quoted in a Yahoo News article discussing how an appeal to Donald Trump’s conviction will impact his voting status in his home state.

Jury Deliberations Begin in Trump Hush Money Trial

May 29, 2024

Jerry Goldfeder was a guest on WBUR Here and Now to discuss how the jury might weigh the evidence presented in former President Donald Trump’s hush money trial.

Prosecution, Defense Deliver Closing Arguments in Trump Hush Money Trial

May 28, 2024

In a video interview with Spectrum News, Jerry Goldfeder discusses how critical the closing arguments are in Donald Trump’s trial.

Prosecution Delivers Closing Argument in Trump’s Historic Criminal Hush Money Trial

May 28, 2024

In a video interview with ABC News Live, Jerry Goldfeder discusses the prosecution’s closing argument in Donald Trump’s trial.

Competition Bureau Probes Alleged Anticompetitive Conduct by Loblaws, Sobeys Owners

May 24, 2024

Michael Osborne was quoted in a CTV News article discussing the Canada Competition Bureau’s investigations into the parent companies of grocery store chains Loblaws and Sobeys, alleging that their property controls limit retail grocery competition.

Cross-Examination of Michael Cohen Underway

May 20, 2024

In a video interview with ABC News Live, Jerry Goldfeder discusses the defense’s strategy to discredit Michael Cohen in the Donald Trump trial.

RFK Jr. May Face Legal Trouble After Listing Westchester Home as Residence Without Actually Living There: Experts

May 20, 2024

Jerry Goldfeder was quoted in a New York Post article discussing Robert F. Kennedy Jr.'s claim to residency in New York despite not owning the property and rarely visiting the address.

A Trump Conviction Depends on Proving More Than a Hush-Money Coverup

May 19, 2024

Jerry Goldfeder was quoted in a Wall Street Journal article discussing whether Donald Trump knew that Michael Cohen’s payment to Stormy Daniels violated the Federal Election Campaign Act.

Jesse Loffler Named as a Minority Corporate Counsel Association 2024 Rising Star

May 15, 2024

Jesse Loffler, member of the firm’s Commercial Litigation Department, has been named a 2024 Rising Star by the Minority Corporate Counsel Association (MCCA).

Trump's Defense Team Cross-Examines Michael Cohen

May 14, 2024

In a video interview with ABC News, Jerry Goldfeder discusses the prosecution's case so far in Donald Trump’s trial.

Michael Cohen Testifies for Second Day in Trump Criminal Hush Money Trial

May 14, 2024

In a video interview with Spectrum News, Jerry Goldfeder discusses Michael Cohen’s testimony in Donald Trump’s trial.

Court Wraps For the Week in FMR. Pres. Trump’s Historic Criminal Hush Money Trial in NYC

May 10, 2024

In a video interview with ABC News, Jerry Goldfeder discusses the judge’s gag order warning to Michael Cohen in Donald Trump’s trial.

Stormy Daniels Testifying Again in Hush Money Case

May 09, 2024

Jerry Goldfeder was a guest on ABC News to discuss what he will be listening for as the defense questions Stormy Daniels.

Stormy Daniels Describes Alleged Sexual Encounter With Trump

May 07, 2024

In a video interview with ABC News, Jerry Goldfeder analyzes the Trump trial and Stormy Daniels’s testimony.

Former Longtime Trump Organization Controller Delivers Crucial Testimony

May 06, 2024

In a video interview with ABC News, Jerry Goldfeder discusses Jeffrey McConney’s testimony in Donald Trump’s trial.

Trump’s Hush Money Trial Resumes

May 06, 2024

In a video interview with Spectrum News, Jerry Goldfeder discusses the narrative the prosecution is trying to prove to the jurors.

Hope Hicks Testifies at Trump Hush Money Trial

May 03, 2024

In a video interview with ABC News, Jerry Goldfeder discusses Trump’s reaction to Hope Hick’s testimony.

Michael Cohen’s Banker Testifies in Trump Trial

April 30, 2024

In a video interview with CNN, Jerry Goldfeder discusses the testimony of Michael Cohen’s banker.

Old, Unused, and ‘Twisty’ — Meet the Obscure NY Election-Conspiracy Law That Just Might Get Trump Convicted

April 27, 2024

Jerry Goldfeder was quoted in a Business Insider article discussing whether prosecutors have to prove Trump is guilty of violating FECA, state tax law, and falsifying business records.

Day 4 of Witness Testimonies Underway in Trump’s Hush Money Trial

April 26, 2024

In a video interview with ABC News, Jerry Goldfeder discusses David Pecker's testimony, which puts Trump at the center of the catch-and-kill scheme to unlawfully interfere with the election.

Donald Trump Says Legal Case 'Fallen Apart'

April 26, 2024

Jerry Goldfeder was quoted in a Newsweek article discussing David Pecker’s testimony in Donald Trump’s trial.

Veteran Attorney Jerry Goldfeder Discusses Trump’s Mounting Legal Troubles

April 25, 2024

In a video interview with Spectrum News, Jerry Goldfeder breaks down the evidence against Donald Trump.

Former National Enquirer Publisher Takes The Stand In Hush Money Trial

April 22, 2024

In a video interview with ABC News, Jerry Goldfeder discusses how the defense tried to portray Donald Trump as just an ordinary man, husband, and father.

Eleven Cozen O’Connor Attorneys Recognized as Washington, D.C., Super Lawyers and Rising Stars

April 22, 2024

Seven attorneys were recognized as Super Lawyers and four were named Rising Stars, a list that recognizes attorneys under the age of 40.

All Jurors Seated For Trump Hush Money Trial

April 19, 2024

In a video interview with ABC News, Jerry Goldfeder discusses the intent of the judge in Donald Trump’s trial to keep the jurors free from Trump's attack or intimidation.

Twelve Jurors And One Alternate Selected In Trump’s NYC Criminal Hush Money Trial

April 18, 2024

In a video interview with ABC News, Jerry Goldfeder discusses the skepticism over the ability to seat an impartial jury in Donald Trump’s trial.

Objection Alleges Nearly 30,000 Petition Signatures From Us Senate Candidate Are Invalid

April 16, 2024

Jerry Goldfeder was quoted in a WBNG article discussing the objections to petitions filed by Khaled Salem, alleging that the signatures required to gain ballot access are invalid.

Hugh Marbury Named to the Johns Hopkins Eudowood Foundation Board of Directors

April 15, 2024

Hugh Marbury, co-chair of the firm’s Copyright Practice, has been named to the Board of Directors of the Eudowood Foundation at Johns Hopkins.

Litigation Abound Challenging NY Law That Puts County Elections in Even-Numbered Years

April 15, 2024

Jerry Goldfeder was quoted in a New York Law Journal article discussing the lawsuits in New York trial courts challenging a recent law that will change town and county elections to coincide with federal and state elective offices.

What to Expect When Trump’s 1st Criminal Trial Begins Monday

April 15, 2024

Jerry Goldfeder was a guest on PBS News Hour to discuss how the media has presented Donald Trump’s criminal trial.

Jerry Goldfeder was a Guest on ABC7

April 05, 2024

In a video interview with ABC7, Jerry Goldfeder discusses the NYPD Chief of Patrol’s tweets suggesting voting out an elected official from his official department account.

Brett Watson Appointed to Inland Counties Legal Services Board of Directors

April 03, 2024

Brett Watson, chair of the firm’s Retail Banking Practice, has been appointed to the Inland Counties Legal Services (ICLS) Board of Directors.

What’s Next For Trump? Ex-president Has 10 Days to Post Reduced $175m Bond as He Appeals Fraud Judgment

March 28, 2024

Jerry Goldfeder was quoted in a New York Post Article discussing the First Department’s decision to reduce Donald Trump’s bond.

Kenneth Fisher and Jerry Goldfeder Named in City & State New York’s 2024 Trailblazers in Law

March 26, 2024

Kenneth Fisher, a member of the firm’s Business Law Department, and Jerry Goldfeder, a member of the firm’s Commercial Litigation Department, have been named to City & State New York’s 2024 Trailblazers in Law list.

Cozen O’Connor Attorneys Win Several PA Legal Awards; Firm Named Finalist for Law Firm of the Year

March 19, 2024

John Cunningham, Steven Haas, Kristina Bakardjiev, Dylan Alper, and Maureen Holland were all recognized this year.

Cozen O’Connor Promotes 23 Attorneys to Member

March 15, 2024

“This is a group of terrific lawyers across many offices and practices areas and we look forward to following their achievements,” said Executive Chairman and Chief Executive Officer Michael J. Heller.

Hugh Marbury Celebrates 15 Years at the American Law Institute

March 11, 2024

Hugh Marbury is celebrating his 15th year since being elected to the American Law Institute.

Leading Lawyers Network Recognizes 19 Cozen O’Connor Lawyers as Top Illinois Practitioners

March 05, 2024

Ira Bodenstein, Jack Carriglio, Janet Davis, John Dunn, Mitch Edlund, Wendy Enerson, Gary Gassman, Tia Ghattas, Jeremy Glenn, Erin Bolan Hines, Mark Rabinowitz, Peter Roberts, Brian Shaw, Joseph Tilson, Julie Trester, Peter Valeta, Anna Wermuth, and Brian Williams were recognized as Leading Lawyers, Christina Sanfelippo was recognized as an Emerging Lawyer.

NY Gov. Approves Bill Directing Redistricting Suits to NY's Major Metropolitan Courts

March 05, 2024

Jerry Goldfeder was quoted in a New York Law Journal article discussing an amended bill that Governor Kathy Hochul signed, which limits New Yorkers to filing redistricting lawsuits in Manhattan and Albany, Westchester, and Erie counties.

Cozen O'Connor Names 2024 Firm Representatives for Leadership Council on Legal Diversity

February 29, 2024

James Billings-Kang has been named a fellow for 2024. Tatiana Mejia-Uribe and Elizabeth Olivera have been LCLD pathfinders.

Five Cozen O’Connor Attorneys Named to 2024 Georgia Super Lawyers List

February 12, 2024

Recognized by their peers in Georgia as Super Lawyers are Kenan Loomis and Alycen Moss. Luciana Aquino, Dakota E. Knehans, and Danielle C. Le Jeune were named “Rising Stars,” a list that recognizes attorneys under the age of 40.

Election Attorney Discusses Federal Appeals Court Denying Trump Immunity

February 08, 2024

Jerry Goldfeder was a guest on Spectrum News NY1 to discuss if Trump is eligible to run for president due to his conduct surrounding the January 6 insurrection.

Miguel Alexander Pozo Reappointed to Minnesota Federal District Court Judicial Selection Committee

February 02, 2024

Cozen O’Connor is proud to announce that Miguel Alexander Pozo has been reappointed by U.S. Senators Amy Klobuchar (D-MN) and Tina Smith (D-MN) to their judicial selection committee.

Cozen O’Connor Adds Up and Coming Litigator and International Arbitration Practitioner Michael A. Fernández to its Award-Winning Commercial Litigation Practice

February 01, 2024

Fernández is a fast-rising international business litigator with a strong track record of successfully resolving high-value cross-border business disputes originating in Latin America and other regions.

How We Can Get Rid of Trump and Biden

January 31, 2024

Jerry Goldfeder was a guest on The Middle – Unplugged with Anthony Weiner podcast to discuss how a candidate can be replaced on the ballot.

Eleven Cozen O’Connor Attorneys Named 2024 Illinois Super Lawyers

January 29, 2024

The Cozen O’Connor attorneys who have been recognized by their peers in Illinois as Super Lawyers are Jack Carriglio, Janet Davis, Jeremy Glenn, Allen Guon, Peter Roberts, Brian Shaw, Joe Tilson, and Anna Wermuth. Amy Doig, David Doyle, and Corey Hickman were named to this year’s Illinois Rising Stars list. This is Hickman’s first year on the Rising Stars list.

Cozen O’Connor Named A Law360 Cannabis Practice Group of the Year

January 21, 2024

Cozen O’Connor was named a Law360 Cannabis Practice Group of the Year, the 4th time the cannabis team has received this honor. Joseph Bedwick and Patrick Martin spoke with Law360 to discuss the recognition.

This Jan. 6, NY Democrats Are Vocal About Removing Trump From the Ballot, but Decision Remains With the BOE

January 09, 2024

Jerry Goldfeder was quoted in a City & State New York article discussing the process for the New York State Board of Elections to remove Trump from the ballot.

Banks Gear Up for Battle Over Capital Rules, Swipe Fees in 2024

January 05, 2024

Brett Watson was quoted in a Bloomberg Law article discussing the 2024 banking regulatory agenda, which will likely face an uphill climb.

Majority of NYC Council Members, All Democrats, Say Trump Shouldn’t Be On the NY Ballot

January 05, 2024

Jerry Goldfeder was quoted in a Gothamist article discussing the New York City council members’ letter t