Phillips Nizer LLP
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Phillips Nizer delivers sophisticated legal services at cost-effective rates, giving our clients peace of mind by fiercely safeguarding and promoting their interests at every turn.

Recent Updates
08/08/2019

Phillips Nizer partner and co-chair of the firm’s White Collar Criminal Defense practice group Ilene Jaroslaw moderates a panel on Internal Investigations on the Cutting Edge

06/25/2019

Speaking Engagement - Bradley Simon, Co-Chair of the White Collar Criminal Defense Practice, will be a panelist at the 17th Annual International Bar Association (IBA) Anti-Corruption Conference in Paris, France (June 25 - 26, 2019)

Date:  Tuesday, June 25, 2019  |  Time:  11:15 AM - 12:30 PM
Panel:  "Due process and procedural fairness for individuals in corproate bribery enforcement actions"

A strong focus on anti-bribery enforcement actions against corporations, coupled with widespread and increasing use of nontrial resolutions to conclude these cases, raises concerns about the rights and interests of individual defendants, including due process
and procedural fairness. This panel will explore this dichotomy, from the perspective of in-house corporate counsel, white-collar
defence practitioners and prosecutors. Panellists will be invited to discuss strategies for navigating these issues in the specific context of self-reporting and internal investigations.

 

06/10/2019

Speaking Engagement - Monica McCabe, Chair of the Intellectual Property Law Practice, will be a panelist during the Connecticut Bar Association 2019 Connecticut Legal Conference on June 10th. The panel will address, "Sampling, Streaming, and the Music Modernization Act" (9:00 - 11:00 a.m.) | Details

This Continuing Legal Education (CLE) program will give an overview of issues faced by musicians and the music industry in the technological age, specifically focusing on streaming and sampling versus copying, and what the Music Modernization Act is and how it will affect musicians going forward. | Panel Details: http://www.ctlegalconference.com/a06/

06/03/2019

Media - Environmental Law partner Eileen Millett is one of the New York State Bar Association's (NYSBA) new diverse class of committee chairs, co-chairs and vice-chairs highlighted by the New York Law Journal in their June 3, 2019 issue. | Read here

In April, Eileen was announced as co-chair of the NYSBA’s Task Force to examine the impact of New York’s adoption of the Uniform Bar Exam (UBE).  The NYLJ article also features the cover of the June-July edition of the NYSBA Journal with 40 photos of the new diverse committee chairs, co-chairs and vice-chairs of NYSBA committees. 

05/31/2019

iPhillipsNizer: Where intellectual property and business law intersect with industry (Spring 2019) | A publication of the Intellectual Property Practice | Read here

05/15/2019

Article - The New York Law Journal publishes  “Canada Proposes Requiring Consent for Transfers of Personal Data Across Its Border,” an article authored by Patrick Burke, Chair, Data Technology & Cybersecurity Group, and Anne-Sophie Hutteau-Hiltzer, referendare with the Group. (Subscription Required)

Authored by Patrick Burke, Chair, Data Technology & Cybersecurity, and Anne-Sophie Hutteau-Hiltzerreferendare with our Data Technology & Cybersecurity, German and Corporate & Business Law Practices

Excerpt:

Canada’s Privacy Commissioner, Daniel Therrien, recently announced his intention to obligate companies to obtain Canadians’ consent before an organization engaged in commercial activities may legally transfer their personal information across the border for processing, including to the United States. Canada’s Office of the Privacy Commissioner (OPC) released a consultation paper on April 9, 2019 communicating this proposed change of direction, and calling for stakeholders’ commentary by June 4, 2019 (April 9, 2019 OPC Consultation on Transborder Data Flows). It is unclear at present whether the anticipated consent requirement will be applied to transborder transfer for processing of employees’ personal information by employers, which until now has not explicitly been required.

This is a significant turnabout for Canada. Consent for such transfers is not explicitly required under Canada’s Personal Information Protection and Electronic Document Act, S.C. 2000, c.5 (Can.) (PIPEDA). Until now, the OPC did not require the consent of consumers or other “data subjects” for transborder transfers of personal information for processing. Instead, it applied an “accountability principle” that was satisfied if a Canadian-based entity informed data subjects of transborder transfers in its posted privacy policy and remained legally accountable for the protection of personal data sent abroad to a third party for processing. Principle 4.1.3 of schedule 1 of PIPEDA provides as follow: “An organization is responsible for personal information in its possession or custody including information that has been transferred to a third-party for processing. The organization shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.”