Phillips Nizer LLP
This links to the home page

Lawyers Providing Resourceful Representation®

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

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:


Diversity Event and Sponsorship | Phillips Nizer is proud to sponsor "Smooth Moves: Career Strategies for Attorneys of Color" -- the most important diversity and inclusion event of the Commercial and Federal Litigation Section of the New York State Bar Association (NYSBA) on May 23, 2019. | Details

This year's "Smooth Moves: Career Strategies for Attorneys of Color" CLE panel discussion will address: 'The Color of Neutrality:  Increasing Diversity in Alternative Dispute Resolution'.  Lauren Wachtler, Co-Chair of our Litigation Department, and Board Member of the NYSBA Foundation and a Former Chair of the NYSBA Commercial & Federal Litigation Section, will present a scholarship to a 1-L student to intern for the summer with a Commercial Division judge. 

The Section will confer The Honorable George Bundy Smith Pioneer Award jointly on The Hon. Preet Bharara and The Hon. Joon Kim. | Details and Registration


Speaking Engagement - Patrick Burke will keynote the fireside chat during the 2019 Lighthouse Illuminations Summit, May 20 - 22, 2019 in Miami, Florida. | Details

The Illuminations Summit brings together legal practitioners, e-discovery, compliance, and information governance thought leaders from around the world.


Fashion Blog - Retailing with Foam and A Good Swing | Alan Behr (author)


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


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.”


Media - Bradley Simon, Co-Chair of the White Collar Criminal Defense Practice, was quoted by the New York Times after the actress Felicity Huffman plead guilty on Monday in the college admissions scandal. | Read here 

Brad questions why Ms. Huffman’s husband, the actor William H. Macy, was not charged. 

“It may be that he cooperated with federal agents and provided important information as to the involvement of
others, although most likely not his wife. He also could get charged in the future.”

(Link: New York Times subscription required)