For media inquiries, please contact Cecilia Peña-Colon at CPena@PhillipsNizer.com
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Media - Monica McCabe, chair of the Intellectual Property Law Practice quoted by Bloomberg Law in "NFL Can't Avoid Copyright Suit by Sports Photographers," which highlights a case of copyright infringement against the National Football League (NFL) and the Associated Press by independent sports photographers.09/13/2018
From the article: "The ambiguity of the contract language makes it unclear whether the photographers’ complaint is really a copyright case or a breach of contract case, copyright lawyer Monica P. McCabe of Phillips Nizer LLP, New York, told Bloomberg Law. ‘‘If the license did cover the photographs they’re talking about and the NFL and the AP didn’t exceed the scope of the licenses, it would really be a breach of contract claim,’’ McCabe said."
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Super Lawyers® (2018)09/13/2018
Seventeen Phillips Nizer attorneys were announced on September 13, 2018 as selected for inclusion on the 2018 New York Metro Super Lawyers and Rising Stars lists. Attorneys represented a cross-section of several practice areas and industry teams.
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Media - "Takeaways From the Conviction of Paul Manafort," (The New York Times, August 21, 2018)08/21/2018 | The New York Times
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Media - "Paul Manafort’s tax- and bank-fraud case is heading to the jury," (The Washington Post, August 15, 2018)08/15/2018 | The Washington Post
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Phillips Nizer Attorneys Recognized in the 2019 Edition of the Best Lawyers in America©08/15/2018
Best Lawyers® recognized Alan Behr, Helene M. Freeman, Michael W. Galligan, Donald P. Perry, Evan J. Spelfogel, Martin B. Wasser and Elliot J. Wiener.
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U.S. News - BestLawyers® (2019)08/15/2018
Best Lawyers® recognized Alan Behr, Helene M. Freeman, Michael W. Galligan, Donald P. Perry, Evan J. Spelfogel, Martin B. Wasser and Elliot J. Wiener.
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Zur Information - Scheinselbstständigkeit nach US-Recht - Employees vs. Independent Contractors (Sommer/Summer 2018)Sommer/Summer 2018 | Phillips Nizer LLP
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Financially Ever After (Podcast) - "Journeying Through a Gray Divorce" (July 31, 2018)07/31/2018
Richard provides insight into the legal aspects of how to deal with an unexpected broken marriage and specifically when adult children are involved.
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Website Accessibility Suits Threaten Omnichannel Sales (Law360)07/30/2018
In the course of the development of the common law, with its unique dependence on a sometimes unholy alliance between enacted and judge-made law, curiosities will arise. Retailers, auction houses and others with consumer websites that support physical sales facilities have seen this recently, as lawyers around the country have driven in fifth gear to their nearest federal courthouses to file lawsuits on behalf of the visually impaired, claiming that those websites exclude the visually impaired from equal access in violation of federal law.
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Phillips Nizer Gets Copyright Win on Famed “Last Sitting” Photos of Marilyn Monroe by Bert Stern07/24/2018
Mr. Stern took the photos in 1962; decision affirms copyright status and protection in victory for his legacy; case offers encouragement to other photographers and artists.
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Media - Bloomberg BNA quotes Monica McCabe, Chair of the Intellectual Property Practice, regarding the European Union’s efforts to limit food names based on geography, prompting concerns from U.S. cheese producers who fear being prohibited from using generically-named cheese products.06/15/2018
The article, “Cheese Makers Fear EU Name Limits Curdle Profits,” also appears in the Intellectual Property section of Bloomberg Law.
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Article - Intellectual Property Magazine published "Seeking Approval," an article written by Technology Practice chairman, Thomas Jackson, in its June 2018 issue about the harvesting of data gathered from as many as 87 million Facebook user profiles by the former data mining firm Cambridge Analytica.06/14/2018
Excerpt:
"What attracted so much ire in response to the Cambridge Analytica episode was not only that collected personal data of as many as 87m Facebook users in the US but also the nature of the data that was collected and how it was used.
The data was harvested using a personality test that, unbeknown to the Facebook users who took the test, not only gave a third-party access to their personal information but also the personal information of their friends for use in a political campaign." -
Media - Thomas Jackson, Chair of the Technology Practice, is quoted by Law360 in the article, "5 Areas Of GDPR Compliance Where Member States Diverge" about the differences among the EU member states in implementing the EU General Data Protection Regulation (GDPR) that took effect on May 25. (Subscription Required)05/25/2018
Tom's quote:
Law360 subscribers, read the article here."The questions that need to be addressed are the degree of voluntariness that is associated with entering into an employment relationship and whether consent for data processing given at that time is both sufficient in that context and whether it's sufficient to carry out future processing..."
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Zur Information - Accidental Franchise (Frühling/Spring 2018)Frühling/Spring 2018 | Phillips Nizer LLP
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Understanding The Realities Of The ADA And Your Website (Total Food Service)05/18/2018 | Total Food Service
Website accessibility is a hot topic right now which means you should be checking if your website is compliant with Title III of the Americans with Disabilities Act (ADA). If your website is not accessible to individuals with disabilities, you might get slapped with an unwanted and expensive lawsuit.
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Media - Nation’s Restaurant News quotes Labor & Employment Law Chair, Regina Faul, regarding new anti-sexual harassment laws in New York City.05/10/2018
This week, Mayor Bill de Blasio signed a package of 11 bills requiring most employers to provide annual sexual harassment training for workers, beginning April 1, 2019. | Read: "NYC mayor signs sexual harassment training mandate into law: Training required for employers of 15 or more by April 2019"
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Media - Regina Faul, chair of the Labor & Employment Law Practice, comments on sexual harassment training in the online publication of the Society for Human Resources Management (SHRM).04/27/2018With the passage of the Stop Sexual Harassment in NYC Act by the New York City Council, once Mayor Bill de Blasio signs it into law, city employers will be required to incorporate anti-harassment laws into their policies and training. | Read the article: "New York Employers Must Provide Sexual-Harassment Training: Training requirements are part of sweeping anti-harassment legislation"
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Media - Intellectual Property partner and chairman of our Fashion Law Practice, Alan Behr, addresses the proliferation of counterfeit goods associated with well-known brands and the presence of such goods on online retailer sites, such as Amazon, eBay and Alibaba.04/09/2018
Online marketplaces with third-party sellers, including Amazon, are not at fault under the law as long as they take counterfeits down when notified of their existence, as reported in the article, according to Alan. However, he continues, "If you are a brand owner, you have to be vigilant…Register copyrights, do your homework, have an investigator doing purchases, troll the web." Read "Can Amazon and its marketplace rivals fix their counterfeits problem?" published in Retail Dive.
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Article - Making Sense of Four Transatlantic Estate Tax Treaties: US-France, US-Germany, US-Netherlands, US-United Kingdom (Update April 25, 2018)04/02/2018
This is a revised version of an article that originally appeared in the New York International Law Practicum (Spring 2014).
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Media - eWeek, a definitive news source for the tech industry quotes Thomas Jackson, chair of the Technology Practice, in the article, "Facebook Data Breach Brings Demands for Social Media Regulation."03/29/2018
eWeek highlights the recently reported misappropriated Facebook data by Cambridge Analytica, the Federal Trade Commission’s investigation of the social media network, and ongoing discussion surrounding consumer privacy and data protection.
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Media - Corporate Practice partner Alan Behr and managing partner and Real Estate Practice co-chair Marc Landis comment on the Toys "R" Us bankruptcy filing and recent reports of major retailers, such as Target, Aldi and Big Lots, interested in the vacated properties owned or leased by the toy retailer.03/29/2018
Read "Target, Aldi, Big Lots eyeing Toys R Us real estate" published here in Retail Dive.
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Media - Litigation partner Jared Clark quoted in Bankruptcy Week's feature on the Chapter 11 filing of The Weinstein Company.03/26/2018
Jared is a commercial litigator in our Litigation Department. His practice focuses on creditors’ rights, director and officer liability, trade secrets, and complex contractual disputes.
"Although the cash sale does include the assumption of certain liabilities, it specifically excludes--and remains "free and clear" of--any liabilities resultant from sexual harassment claims against the Company. Jared R. Clark, a partner in Phillips Nizer's Bankruptcy & Restructuring and Litigation Practices, emphasizes, 'It's difficult to estimate potential recoveries for abuse claimants at this stage. Recoveries will depend of course on the total value eventually received from the sale of company assets, plus other potentially available recovery sources (for example, a victims fund and/or insurance coverage), as well as the total volume of abuse claims asserted.'" -
Media - Alan Behr, partner in the Intellectual Property Law Practice, commented on the Second Circuit Court's ruling regarding copyright and "fair use" in Intellectual Property Magazine.03/01/2018
The Fox News Network sued TVEyes, a media monitoring service, in the U.S. District Court of New York alleging infringed copyright of copied and re-distributed audiovisual content, enabling TVEyes’ subscribers to access of that content without Fox’s permission.
The Second Circuit ruled in favor of Fox News regarding the sharing of clips by TVEyes saying that their actions were "unlawfully profiting off the work of others by commercially re-distributing all of that work that a viewer wishes to use, without payment or licence.”
Alan's comments regarding the ruling:
Full article here (subscription required).“It’s great to see the Second Circuit affirm the limitations of fair use – even in a case where, to use a term it largely helped popularise, it found that the use in question was ‘transformative’ – that is, even though something new or at least perceivably different had been made from the use of content that was owned by someone else.”
He explained, “The key here was the extent of the use. The court noted that news segments are short and that the method of copying and dissemination by TVEyes would, ‘likely provide TVEyes’s users with all of the Fox programming that they seek and the entirety of the message conveyed by Fox to authorised viewers of the original’.” -
Special Announcement - We Have Moved!02/23/2018
Starting Monday, February 26, 2018, the new address for our Manhattan office will be: 485 Lexington Avenue, 14th Floor, New York, NY 10017
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Media - Managing Partner Marc Landis is quoted by the New York Law Journal in the article, "What’s Working to Increase Diversity Among Associates, Partners? Midsize Firms Share Their Secrets"02/21/2018
The firm elevated two female attorneys to partner and named a female co-chair for its real estate practice. It also added Asian-American and African-American partners. And of five associates who joined in 2017, four are female, one is African-American and one is Asian-American...In assembling a diverse workforce, Landis said it’s important to take a broad view. So look to hire and promote younger partners, lesbian and gay partners, and partners with different political views..."
"I don’t want anyone to get the wrong idea. We happily bring in talented men and people who are not of color as well,” he said. ”I want to emphasize that while we have promoted many people into leadership roles and leadership opportunities, we haven’t discarded our senior people.”
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Phillips Nizer’s Alan Behr and Monica McCabe Selected by World Trademark Review as Top Trademark Lawyers for 201801/31/2018
Phillips Nizer is pleased to announce that two partners were selected as top attorneys in The World Trademark Review’s 2018 rankings of Top 1000 lawyers.
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Media - Jeffrey Q. Smith, senior counsel in the litigation practice at Phillips Nizer, has co-authored an informative piece for Judicature, a journal of Duke Law Center for Judicial Studies.01/08/2018
“Going, Going, But Not Quite Gone: Trials Continue to Decline in Federal and State Courts. Does it Matter?” appears in the journal’s winter issue. The article includes carefully curated appendices. Jeffrey is a leading financial services litigator who has served as first chair on scores of cases for banks and other financial institutions. Judicature, published quarterly, contains articles by judges, scholars and practitioners.
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Lisa Radetsky, Advisor to Real Estate Developers, Joins Phillips Nizer as Partner12/04/2017
Radetsky handles acquisition, finance, construction and conversion issues for condo and cooperatives and for nonprofits; Associate Jennifer Chung will also be joining.
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Zur Information - US Legal Opinions – Bedeutung und Inhalt von Capacity und Enforceability Opinions (Herbst/Fall 2017)Herbst/Fall 2017 | Phillips Nizer LLP
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Phillips Nizer Adds Two New Partners to New York Office11/22/2017Firm brings aboard Matrimonial partner Richard Adago and Real Estate partner Thomas Fuerth.
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Media - The American Lawyer highlights the latest addition to our litigation team, Jeffrey Q. Smith, who joined our firm on November 1st.11/03/2017
Jeff is quoted in, “Phillips Nizer Nabs Ex-Bingham McCutchen Rainmaker,” which highlights Jeff’s illustrious legal career as an experienced and respected litigator who has first-chaired dozens of cases for financial services companies.
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Phillips Nizer Recognized in the 2018 Edition of U.S. News-Best Lawyers® - "Best Law Firms" Rankings11/01/2017
The New York law firm achieved national recognition in the areas of Copyright Law, Trademark Law and Trusts & Estates Law.
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Leading Financial Services Litigator Jeffrey Q. Smith Joins New York Law Firm Phillips Nizer11/01/2017
Mr. Smith led litigation practice groups at several large firms; Served as first chair on scores of cases for banks and other financial institutions.
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Media - Environmental partner Eileen Millett authors, "A Step Too Far From a 'SEP' In The Right Direction," an article appearing in this month's issue of The Practical Real Estate Lawyer, a publication of The American Law Institute (ALI).11/01/2017
Eileen is a member of the Editorial Board of The Practical Real Estate Lawyer, and serves on the ALI CLE Environmental Advisory Panel. She highlights an interesting development from the Trump Administration that may affect the U.S. Environmental Protection Agency's policy on Supplemental Environmental Projects (SEPs). On June 5, 2017, the U.S. Attorney General Jeff Sessions, moved to limit, if not end, the practice of a company using settlement funds to aid projects that are not germane to an underlying dispute.
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U.S. News - BestLawyers® (2018)11/01/2017
U.S. News-Best Lawyers® announced on November 1, 2017, Phillips Nizer's recognition as one of the nation's "Best Law Firms" for 2018. The listing is presented in ranking tiers from 1 - 3. We ranked highly, Tier 1, nationally in Copyright Law, Trademark Law and Trusts & Estates Law. We were also ranked in the New York City Metropolitan listings.
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Real Estate/Land Use Attorney Christian Hylton Joins Phillips Nizer As Partner10/31/2017
Hylton handles land use, zoning, economic development issues; Previously served as Legislative Attorney and Acting General Counsel to the Land Use Division of the New York City Council.
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Media - Law360 quotes partner and head of Technology Practice, Thomas Jackson, in the article, “EU Privacy Shield Gets Good Marks, For Now.” (Subscription Required)10/19/2017
Two years ago, the Court of Justice of the European Union found that the agreement between the U.S. and EU known as the Safe Harbor framework, under which personal data could be transmitted outside the EU, did not offer adequate protection, and was therefore invalid. The EU-U.S. Privacy Shield framework, which was accepted by the EU last year, is intended to provide greater protection for the personal data of EU citizens exported to the U.S. Today, Google, Facebook, Microsoft and over 2,400 other major companies rely upon the protection that certification under the Privacy Shield affords them in processing the personal information of EU citizens in the U.S. Last week, the European Commission published the first annual report on how well the Privacy Shield is working.
Tom's quote:
Law360 subscribers, read the article here."The [European Commission's] recommendations will do little or nothing to assuage the concerns of privacy advocates that the [Shield's] privacy safeguards are inadequate..."