For media inquiries, please contact Cecilia Peña-Colon at CPena@PhillipsNizer.com
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Quoted: Brands & Suppliers: Caught in a bind, Fibre2Fashion.com, April 8, 202004/08/2020
Fashion Practice Chair, Alan Behr is quoted, "Anner wrote: “Many buyers are evoking the force majeure clause in their contracts to justify the breaking of their binding obligation to pay for orders in production. But, for fashion law expert Alan Behr, this appears to be an unjustified use of the force majeure clause since most force majeure clauses do not specify pandemics as a reason for failure to pay. More importantly, according to Article 7.1.1 of the Vienna Convention for International Commercial Contracts, force majeure claims should apply to the party with the most relevant contractual obligation, which in this case would be the Bangladeshi factories producing items, not the buyers that have agreed to pay for them."
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Quoted: Abandoned? The Impact of COVID-19 on Workers and Businesses at the Bottom of the Global Garment Supply Chains, Penn State Center for Global Workers' Rights (CGWR) Research Report04/03/2020
Fashion Practice Chair, Alan Behr is quoted in this Penn State report on the COVID-19 effects on the global garment supply chains.
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Quoted: Zoom's Sudden Rise Presents Test for California's New Privacy Law, Law360 (April 3, 2020)04/03/2020
Aside from the privacy issues flagged in private litigation, Zoom is also facing security concerns over hackers breaking into virtual meetings, a practice known as “Zoom bombing.”
“At this point, there is no evidence that personally identifiable information has been stolen or compromised,” said Phillips Nizer LLP technology practice chair Thomas Jackson. “But that is certainly a concern going forward.” -
Quoted: Counterfeits in the time of pandemic, Washington Examiner (March 19. 2020)03/19/2020
Alan Behr, an attorney specializing in intellectual property at the law firm Phillips Nizer, said the bill’s enactment would be a significant change in how the online companies run their businesses.
“It would be a material increase in their burden in terms of what they would need to do mechanically. It would be making them do something that physical retailers don’t physically have to do at the same level,” he told the Washington Examiner. -
Helene Freeman named as Law360's Legal Lion - March 13, 202003/13/2020
The full Ninth Circuit sided with Led Zeppelin on Monday and rejected a high-profile copyright lawsuit accusing the band of stealing the intro to "Stairway to Heaven" from a little-known song, landing the group’s attorneys at Davis Wright Tremaine LLP and Phillips Nizer LLP on this week’s legal lions list. Led Zeppelin and its affiliated music companies are represented by Peter J. Anderson of Davis Wright Tremaine LLP and Helene Freeman of Phillips Nizer LLP.
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Partner Edward Schauder comments on the implications of sports suspensions and cancellations in The Guardian.03/12/2020
Finances will be shattered by sports suspensions. But it won't be the stars who suffer. (March 12, 2020)
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Quoted: Coronavirus is hurting store traffic and e-commerce won't help much, analysts say, Retail Dive (March 11, 2020)03/11/2020
Alan Behr fashion industry attorney and Partner at Phillips Nizer, told Retail Dive in an email last week that change in behavior will hurt merchandise sales at those events.
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Quoted: The impact of the coronavirus on retail, Retail Dive (March 5, 2020)03/05/2020
"Luxury retail is still primarily a personal experience," Alan Behr, fashion industry attorney and Partner at Phillips Nizer, wrote in emailed comments. "If your customers are worried about human contact, therefore, your business has a new and unexpected challenge."
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From Succession Planning to Office Space, Law Firm Leaders Discuss Industry Concerns01/30/2020
Phillips Nizer Managing Partner Marc Landis weighs in on challenges facing the legal industry during Managing Partners Roundtable at the NYSBA's annual meeting.
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Is Philanthropy the Right Word Anymore? New Approaches for Donors and Their Advisors
Thomson Reuters Taxation of Exempts Journal (Jan/Feb 2020)January/February 2020This article examines how to advise wealthy families and the nonprofits they support to adjust the strategy in the new environment for philanthropy.
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Thomas Jackson, Chair of the Technology Practice, was mentioned as a data privacy expert in the article “20 Questions on the CCPA with Answers from Privacy Experts” published in the DataGrail blog.01/10/2020 | https://datagrail.io/blog/20-questions-on-the-ccpa-with-answers-from-privacy-experts
The article addresses some of the key questions raised by California’s new privacy law, the California Consumer Privacy Act (CCPA), which took effect on January 1, 2020, including what is covered by and who must comply with the new law and how it compare with Europe’s General Data Protection Regulation (GDPR) implemented in May 2018.
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Thomas Jackson, Chair of the Technology Practice, named to the Bloomberg Law Litigation Innovation Board01/03/2020 | https://pro.bloomberglaw.com/bloomberg-law-innovation-boards/
The board, consisting of twenty renowned litigators, is responsible for providing input and consulting on new products, offering feedback on enhancements to current offerings, and giving its advice on the direction of future litigation and analytics solutions to Bloomberg Law, a leading provider of subscription-based services for online legal research.
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Stolen Corporate Funds, Habitat Magazine (November 2019) Lisa Radetsky, Real Estate Co-Chair and Ilene Jaroslaw, White Collar Chair
11/07/2019Stolen Corporate Funds and how co-ops and condo boards can prevent theft - and immediate steps when fraud or criminal activity is suspected - Lisa Radetsky, Real Estate Co-Chair and Ilene Jaroslaw, White Collar Chair
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Phillips Nizer Partner Eileen Millett will be recognized by the Syracuse University Law Alumni Association as a Law Honors Award Recipient on September 20, 2019.09/16/2019
Ms. Millett will be recognized for her long and esteemed career in land use and environmental law, her public service on behalf of New York State, and her championing of environmental issues and regulation.
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Phillips Nizer partner Eileen Millett was quoted in Law360's article, "NY Climate Legislation Would Stress Building, Power Sectors."07/17/2019 | Law360
Phillips Nizer partner Eileen Millett was quoted in Law360's article, "NY Climate Legislation Would Stress Building, Power Sectors."
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Celebrating Five Distinguished Members of the College of Law Community7/10/2019 | Syracuse University Law
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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 here06/03/2019 | New York Law Journal
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.
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Article - Ruling Highlights Narrow Path in Defending Sexual Harassment Complaints (Legal Intelligencer)05/24/2019 | The Legal Intelligencer
The #MeToo era has prompted employers across the country to review their internal mechanisms for screening and investigating complaints of sexual harassment in the workplace. Federal, state, and local laws—and more recently, cultural mandates—require companies to implement prophylactic and remedial procedures to address or mitigate sexual misconduct.
Those procedures often require in-house counsel to participate in crafting defensible measures to address employee complaints, perhaps with the assumption that involvement by counsel will provide a cloak of privilege surrounding internal investigations. However, a recent decision from the Southern District of New York, Barbini v. First Niagara Bank, No. 16-cv-7887, highlights the challenges companies can face in protecting attorney-client privilege when defending claims that arise from or turn in some way upon internal investigations involving in-house counsel. -
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)05/15/2019 | New York Law Journal
Authored by Patrick Burke, Chair, Data Technology & Cybersecurity, and Anne-Sophie Hutteau-Hiltzer, referendare 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.” -
Media - Alan Behr, Partner in the Intellectual Property Law Practice, is quoted by IP Pro Magazine regarding the filing of a European multimedia trademark application by a video game developer requesting the protection of its gory slow-motion kills appearing in its Sniper Elite games. | Read here05/09/2019 | IP Pro Magazine
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Media - Thomas Jackson, Chair of the Technology Practice, is quoted in "Challenges Facing Hospitality In the Next Five Years - An Inhospitable Environment" published in the D/SRUPTION Magazine report, The Future of Hospitality. | Read here04/24/2019 | D/SRUPTION Magazine
To read the full Hospitality Report, click here.
Thomas Jackson, partner at Phillips Nizer LLP, explains that the industry’s extraordinarily rich data market brings with it a much higher risk of identity theft. This is particularly the case, he says, “when the breach involves dates of birth, passport numbers, travel itineraries, and other kinds of discrete data that one would not expect to see in a typical payment system.”
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Media - Litigator Helene Freeman, Partner in our Intellectual Property and Entertainment Law Practices, quoted by Bloomberg Law in article about a lawsuit filed by muralists and the use of their street art without permission in ads by Mercedes Benz | Read here04/23/2019 | Bloomberg Law
“There have been many cases by graffiti artists, and they’ve generally prevailed...I don’t think fair use is a claim that can be articulated here. Mercedes used the art for what it was.”
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Accolade - Monica McCabe, Chair of the Intellectual Property Law Practice, has been recognized by the American Bar Association (ABA) Intellectual Property Law Section for her outstanding leadership contribution to the organization at their annual Section conference.04/15/2019
Monica has been a long-standing member of the ABA, and has served as the Copyright Program Co-Chair of the Intellectual Property Law Section’s annual conference for 3 years, and as the Co-Chair of the IP Webinar program prior to that.
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Accolade/Media - Eileen Millett named co-chair of New York State Bar Association (NYSBA) Task Force to examine the impact of New York’s adoption of the Uniform Bar Exam (UBE). The New York Law Journal quotes Eileen regarding the potential repercussions. | Read here (Subscription required)04/01/2019 | New York Law Journal
“If students are no longer taking NY practice, then we really have lost something of value,” said Millett, who added that knowledge of New York law is necessary for the state courts to remain a pre-eminent destination for settling international commercial transactions.
Millett, a partner at Phillips Nizer, added that the changing economics of the profession is also having an impact on the lack of preparation judges are encountering. With more students going to law school, the competition has intensified and some can’t find jobs in the kinds of firms that train beginning lawyers before sending them to court. -
Article - Collecting Biometric Information Just Became Riskier Under Illinois Law (Pratt's Privacy & Cybersecurity Law Report, April 2019) authored by Patrick Burke and Alisha McCarthy | Read here04/01/2019 | Pratt's Privacy & Cybersecurity Law Report
The authors Patrick J. Burke and Alisha L. McCarthy discuss a recent Illinois Supreme Court ruling, which is a boost to plaintiffs in Biometric Information Privacy Act lawsuits, and carries a cautionary note for companies that collect biometric information from consumers or employees in Illinois.
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Présentation des trusts les plus courants en droit américain
Michael W. Galligan, avocat au Barreau de New York, Partner Trusts & Estates Department, Philips Nizer LLP
Caroline Deneuville, notaire à Paris, coordinatrice de l’action internationale des pays anglo-saxons à la Chambre des notaires de Paris03/21/2019 -
Media - Law360 quotes Patrick Burke in "'Training Wheels' Come Off New NY Cybersecurity Rules" (Subscription Required)03/21/2019 | Law360
“We understood that the regulation raised the bar, and that particularly for institutions that weren't banks or insurers, this was a whole new game...When we came across those who weren't used to these kind of obligations and hadn't met the criteria, we'd work with them to get there. Getting everyone's mind focused on these issues made a big difference...When the training wheels come off, everybody has to take more responsibility for compliance, and with a new superintendent there could be a new approach...”
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Media - Fashion Practice Chair, Alan Behr, comments on allegations of copyright infringement and trade dress protection involving COOGI, the Australian fashion brand made famous by rapper Biggie Smalls/The Notorious B.I.G., against the Brooklyn Nets, the NBA, Nike Inc., among others. | Read here03/21/2019 | Bloomberg Law
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Media - Ilene Jaroslaw, Co-Chair, White Collar Defense Practice and member of Phillips Nizer's College and University Integrity Initiative quoted in, "‘Full House’ to big house in college scheme? Experts differ," regarding the potential fate of those charged in the college admissions scandal. | Read here03/21/2019 | Associated Press
Reference - Press Release: Phillips Nizer launches College and University Integrity Initiative: Ilene Jaroslaw and Bradley Simon, two veteran federal prosecutors, to assist universities and administrators in confronting and resolving admissions investigation issues | more
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Media - Patrick Burke addresses the susceptibility of blockchain-based software to cyberattacks in LegalTech News article, "Users Beware: Blockchains Are Susceptible to Attacks," after reports of more hacks to blockchain-backed cryptocurrencies and smart contracts. (Subscription Required)03/18/2019 | Law.com / LegalTech News
Note: Prior to joining Phillips Nizer, Patrick served as a Deputy Superintendent at the New York State Department of Financial Services (DFS), where he launched and headed the DFS Office of Financial Innovation. In that role, he oversaw policy and examinations of New York’s licensed and chartered financial institutions pursuant to the Department’s Cybersecurity and Virtual Currency regulations. | More here...“With anything involving software, anything involving anything online, it’s always an IT security risk,” said Phillips Nizer partner and former New York state Department of Financial Services deputy superintendent Patrick Burke.” So while the blockchain itself is generally pretty impregnably accept for the ‘51% attacks’, the software written around the blockchain is as susceptible as any other software.”
“At DFS, we would look at [a blockchain's] vulnerability to 51% attacks,” Burke said. ”You have to look at the number of miners it would take, what is the criteria for controlling [it], is it proof of work, proof of stake [and] how small of a group can pull off a 51% attack.” -
Media - Christian Hylton, co-chair of our Land Use & Government Relations Practice, addresses community concerns in an interview with NY1 regarding the development by one of our clients of two 39 story apartment buildings near the Brooklyn Botanic Garden. | Video03/13/2019 | Spectrum NY1
The city held a hearing on March 12, 2019, a first step in a Land Use Review to explore the environmental impact of the proposed development.
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Accolade - Congratulations to Marc Landis, our managing partner, elected to the executive board of Ally Law, a global legal network of more than 70 member firms and over 2,800 lawyers worldwide.03/12/2019
Phillips Nizer is the law firm member representative in the New York metropolitan area.