The Governor and the Mayor: A Modern Seabury Hearing? [NYLJ]

Jerry Goldfeder contributed an article to the New York Law Journal discussing whether New York Governor Kathy Hochul has the authority to remove Mayor Eric Adams from office.

6 Essential Skills For Summer Associates To Land An Offer [Law360]

James Argionis contributed an Expert Analysis column to Law360 discussing how law firm summer associates can become effective communicators, impress their supervising attorneys, and increase their chances of receiving an offer from the firm after graduation.

A year since 'Students for Fair Admissions v. Harvard': State attorneys general are split on DEI programs

In this article for Reuters/WestLaw Ketan Bhirud and Simeon Brier review where state AGs stand on DEI and analyze potential legal risks for businesses.

Overcoming Serious Threats To Our Democracy: We All Need To Get Involved To Defend It [American Bar Association]

Jerry Goldfeder is a member and contributing author of the American Bar Association Task Force for American Democracy’s initial report.

Banking on It: The Ten Most Common Claims Involving Banks [American Bar Association]

Aaron Krauss, Brett Watson, and Josephine Bahn authored chapters of the American Bar Association’s latest book, Banking on It: The Ten Most Common Claims Involving Banks.

NY Court of Appeals Weighs Mail-In and Non-Citizen Voting [NYLJ]

Jerry Goldfeder contributed an article to the New York Law Journal discussing several salient issues concerning the upcoming presidential election.

A DNC Delegate Who’s Backing a Winner [New York Daily News]

Jerry Goldfeder contributed an article to the New York Daily News discussing his role as a Democratic National Convention delegate.

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

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]

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]

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]

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]

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]

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]

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

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]

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.

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

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

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

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.

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

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]

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]

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]

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]

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]

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

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]

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]

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

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]

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

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]

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

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]

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

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

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

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]

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

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]

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]

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.

6 Tips for Successful Injunctive Relief Requests [LexisNexis]

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

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

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.”

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

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

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]

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]

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]

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]

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

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]

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]

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]

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]

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]

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]

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]

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

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]

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

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]

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]

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]

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

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]

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

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

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 Gets Tough on Chinese Investors [Alert]

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

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

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

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.

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

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.

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

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

Preventing the Next George Santos [New York Daily News]

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]

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]

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]

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]

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]

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]

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]

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

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]

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]

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

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

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]

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.

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

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

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

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

Section 301 Petition Concerning Mexican Agricultural Products Filed [Alert]

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]

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]

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]

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

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.

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

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

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

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

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

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]

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?

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]

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]

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]

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

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

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]

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]

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

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

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

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]

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

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

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.

US Supreme Court Examines Firearm Regulations in NY Gun-Licensing Case

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

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]

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]

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

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

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]

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]

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]

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

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

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

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

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]

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

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

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

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?

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

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]

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]

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]

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

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]

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

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

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]

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

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

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]

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

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

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

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

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.

The Doctrine of Unclean Hands as Guardian of Equity

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.

US Supreme Court Considers Religious-Freedom Case From Phila.

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.

Protecting the Right to Vote [New York Law Journal]

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]

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]

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

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

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

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

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

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

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

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

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

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.

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

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.

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

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.

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

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

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

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.

Waiver of Partition Right Held Unenforceable Where Unlimited in Duration

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

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.

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

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]

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]

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

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]

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]

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

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

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]

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

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]

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

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

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

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

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]

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

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

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.

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

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.

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

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]

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]

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]

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]

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]

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

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

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

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

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

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]

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

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

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

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]

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

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

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]

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.

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]

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

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

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.

Litigation During the Pandemic: Remote Depositions [Alert]

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

How COVID-19 Might Uproot Centuries Of Litigation Traditions

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

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

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

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

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]

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

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]

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

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

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

Guarding Against Conflict Over The Procuring Cause Doctrine

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

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

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]

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]

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]

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]

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]

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]

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]

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

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

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.

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

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.

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

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]

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]

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

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]

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]

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.

Legal Scholars: There's Not Much Adams Could Do if Hochul Chooses to Remove Him

Jerry Goldfeder was quoted in a New York Law Journal article discussing whether New York’s Governor, Kathy Hochul, has the authority to remove Mayor Adams and what the process would look like.

The Possible Paths Ahead if Adams Quits or Gets Booted, Jumaane Would Take Over

Jerry Goldfeder was quoted in a New York Daily News article discussing an inability committee, formed by city officials, that could vote Mayor Adams out of office if the governor decides not to remove him.

NYC Mayor Eric Adams Indicted After Federal Corruption Probe

Jerry Goldfeder was quoted in a Bloomberg Law article discussing New York City Mayor Eric Adam’s indictment and what would happen if he resigned.

Adams Indictment What’s Next?

Jerry Goldfeder was a guest on NBC News to discuss what will happen if New York City Mayor Eric Adams resigns.

After the Eric Adams Indictment, What’s Next?

Jerry Goldfeder was quoted in a Wall Street Journal article discussing whether a special election would be needed if Mayor Eric Adams resigns.

NYC Mayor Eric Adams Has Been Indicted on Federal Charges. So What Comes Next?

Jerry Goldfeder was quoted in an NBC New York article discussing New York City Mayor Eric Adams’ decision to stay in office after his indictment was announced.

Cozen O’Connor Announces Eight New Shareholders

Alexandra Campau, Nathan Dooley, Kyle Farnam, Paul Ferland, Matthew Glavin, Aaron Lukas, Dana Meyers, and Judd Serotta were all promoted to shareholder.

Cozen O’Connor Attorney Melisssa Siebert Named among Crain’s Chicago Business 2024 Notable Leaders in Law

Melissa Siebert, co-founder and chair of Cozen O’Connor’s Emerging Data Privacy Trends practice, has been named to Crain’s Chicago Business 2024 list of Notable Leaders in Accounting, Consulting & Law.

Jason Domark and Ellen Morris Named to Legal Elite Notable Managing Partners List by Florida Trend

Jason Domark and Ellen Morris have been named to Florida Trend’s 2024 Legal Elite Notable Managing Partners list.

Lynnette Espy-Williams Named to 2024 Most Influential Black Lawyers in Corporate America List by Savoy Magazine

Lynnette Espy-Williams, Chief Diversity, Equity & Inclusion Officer and member of the firm’s Commercial Litigation Department, has been named one of the 2024 Most Influential Black Lawyers in Corporate America by Savoy Magazine.

How I Made Office Managing Partner: 'Put Yourself in the Right Position to Take Advantage of Opportunities as They Arise,' Says Heather Marx of Cozen O'Connor

Heather Marx was featured in a Law.com article discussing her role as the vice chair office managing partner for the firm’s Minneapolis office.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys in its Best Lawyers in America 2025 Edition

Best Lawyers selected 242 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2025 edition of The Best Lawyers in America and Best Lawyers: Ones to Watch in America.

Election Lawyers Weren't Surprised Judge Knocked RFK Jr. Off Presidential Ballot

Jerry Goldfeder was quoted in a New York Law Journal article discussing a New York trial court judge’s decision that ordered the state Board of Elections not to include Robert F. Kennedy Jr. on the statewide ballot.

Michael Fernández Elected to the Hispanic National Bar Association Board of Governors

Michael Fernández, member of the firm’s Commercial Litigation Department, has been elected to the Hispanic National Bar Association (HNBA) Board of Governors as the vice president of affiliates and associates.

Cozen O’Connor Attorneys Author ABA Banking On It: The Ten Most Common Claims Involving Banks

Cozen O’Connor is pleased to announce that Aaron Krauss, Brett Watson, and Josephine Bahn, members of the firm’s Commercial Litigation Department, have authored chapters of the American Bar Association’s latest book, Banking on It: The Ten Most Common Claims Involving Banks.

Michael Osborne Recognized in Who’s Who Legal: Competition 2024

Michael Osborne, chair of the firm’s Canadian Competition Practice, has been recognized in Who’s Who Legal: Competition 2024.

Four Cozen O’Connor Attorneys Named to 2024 Washington Super Lawyers List

Peter Berg and Jodi A. McDougall were named 2024 Super Lawyers; Sarah Pozzi and Karl Neumann were recognized as 2024 Washington Rising Stars.

Veteran Attorney Discusses Upcoming Democratic National Convention

Jerry Goldfeder was a guest on Spectrum News to discuss the Democratic Party's nomination process.

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

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

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

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.

Discussing Voting Rights With the Next Generation

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.

Brett Nicole Taylor Named 2024 Southern CA Super Lawyers Rising Star

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

Banking, Regulations, and Litigation: A Perfect Match

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

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

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

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

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

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

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

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?

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.