Speaking Engagement - Patrick Burke addresses Crypto Currency during his keynote at the 2019 Lighthouse Illuminations Summit (May 20 - 22, 2019) in Miami, Florida. | Details & Registration 

Speaking Engagement - Lauren Wachtler co-moderates, "Working with Men to Advance Women in the Profession," during the New York State Bar Association (NYSBA) Commercial & Federal Litigation Section Spring Meeting (May 3 - 5, 2019)

New York State Bar Association (NYSBA)
Commercial & Federal Litigation Section Spring Meeting 2019
"Working with Men to Advance Women in the Profession"
10:40 a.m. - 11:55 a.m.
(1.5 CLE credits in Diverity, Inclusion and the Elimination of Bias) 

Media - Ilene Jaroslaw, Co-Chair of the White Collar Criminal Defense Practice and co-lead of the College and University Integrity Initiative was quoted by Bloomberg in, “Parents in College Scandal Make a Legal ‘Declaration of War’,” an article published today. | Read here

Media -  As new charges are filed, Bradley Simon, co-chair of the White Collar Criminal Defense Practice, addresses the possibility of jail time for those involved in the college admissions scandal in a New York Times article. | Read here

“This is somewhat uncharted waters because this is a really unique case — we haven’t seen a case where dozens of parents are being hauled off into court before.”

“Judges and prosecutors are always very sensitive to the court of public opinion in determining what sentences they get...They will feel some pressure to send a message. A lot of people are really horrified by this. It undermines the system. It smacks of breathtaking self-entitlement.”

Speaking Engagement - Patrick Burke, Chair, Data Technology & Cybersecurity Group, to moderate "The Eight Hottest Topics in Fintech Regulation," a roundable at the LendIt Fintech USA conference on April 8, 2019 (San Francisco, CA). | Details & Registration

Media - Law360 quotes Bradley Simon, co-chair of the White Collar Criminal Defense Practice and co-lead of Phillips Nizer's College and University Integrity Initiative regarding the guilty plea of Gordon Caplan, former Willkie Farr & Gallagher co-chair, in the college admissions scandal. | Subscription required

Caplan didn't simply agree to plead guilty, noted Brad Simon, a partner at Phillips Nizer LLP and ex-federal prosecutor who co-leads the firm's new College and University Integrity Initiative. He also issued a statement that expressed "deep anguish."

"I think he probably got good advice that coming in early and making a quite heartfelt statement of contrition will serve him well," Simon said. "I think he probably made a wise decision."

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)

“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.

Media - Partner Ilene Jaroslaw, co-chair of our White Collar Criminal Defense Practice, comments a U.S. Supreme Court ruling clarifying who can be held liable for fraudulent investment schemes. | Read here

CLE Program - Lauren Wachtler, co-chair of the Litigation Department, acts as "counsel" for the mock trial presentation, "Mammograms on Trial," during the 23rd Annual Ellen P. Hermanson Memorial Symposium on March 26, 2019. | Details & Registration

Speaking Engagement - Patrick Burke co-presents on the webinar, "Why Companies Should Consider Certifying Under the EU-US Privacy Shield" hosted by the Association of Corporate Counsel (ACC), Information Governance Network, on March 21, 2019 from 2:00 - 3:00 PM EST | Member Registration

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 here

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

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 here

Media - Law360 quotes Patrick Burke in "'Training Wheels' Come Off New NY Cybersecurity Rules" (Subscription Required)

“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...”

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)

“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.”

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...

Media - Brad Simon, co-chair of the White Collar Criminal Defense Practice, quoted by the New York Daily News regarding the college admissions bribery scandal and penalties in white collar cases. | Read here 

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. | Video

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.

Media - Brad Simon addresses the surprising omission of actor William H. Macy, husband of actress Felicity Huffman, who was not charged in the National College Admissions bribery scandal.  As Brad comments in the article, it appears Macy “participated in the bribery at least as a co-conspirator.” | Read here

CLE Program - Lauren Wachtler, Co-Chair of the Litigation Practice, serves as Program Chair of the New York State Bar Association (NYSBA) CLE, "Taking the Lead 2019: Winning Strategies and Techniques for Commercial Cases," on March 12th. | Details here

This program will showcase methods of creating compelling opening and closing statements and direct and cross-examinations of witnesses through a re-enactment of an actual commercial trial.

Media - Ilene Jaroslaw was featured as one the key players in NPR’s Marketplace broadcast last week. Host Kai Ryssdal is frequently asked: Why didn’t any Wall Street CEOs go to jail after the financial crisis? Ilene gives an in depth look at what happened. | Listen here

Media - Tom Jackson, Chair of the Technology Practice, quoted by Business Travel News in, “Marriott's Plans for Data Protection,” an article highlighting the multinational hotel group’s potential changes to its cybersecurity protocols as a result of a data breach to the reservation system of its subsidiary Starwood Hotels in 2018. | Read here

At the time of the announcement of the breach, it was reported that over 300 million customers were potentially affected.  Starwood was acquired by Marriott International in 2016.

Media - Brad Simon comments on the ongoing legal battle facing Huawei Technologies Co.’s chief financial officer Meng Wanzhou, daughter of the company’s founder, in the Bloomberg article, “Huawei’s Efforts to Derail U.S. Prosecutions Face Steep Odds.”  | Read here

China’s biggest smartphone maker is using its financial and political clout to fight U.S. allegations that the company was involved in bank fraud, technology theft and spying.  Meng is fighting extradition to the U.S. from Canada where she was arrested in December 2018.

Media/News - Two Former EDNY Prosecutors Join Phillips Nizer to Lead New White-Collar Practice (New York Law Journal, February 27, 2019) (Subscription required)

Ilene Jaroslaw and Bradley Simon, two former federal prosecutors in the Eastern District of New York, are joining Phillips Nizer to launch a new white-collar and investigations practice in New York.

Media - Partner Ilene Jaroslaw comments on the recent U.S. Supreme Court ruling which stated criminal defendants have the right to initiate an appeal even after pleading guilty and waiving most of their appeal rights. (Subscription required)

"If a criminal defendant instructs his lawyer to file a notice of appeal, a lawyer must do so to protect his client’s rights...It is immaterial whether the lawyer thinks an appeal would be meritless."

Media - IPPro Magazine quotes Alan Behr, member of the Intellectual Property Practice, regarding an alleged violation of the Digital Millennium Copyright Act (DMCA). A Kickstarter fundraiser of a movie edit was halted by Warner Bros. Studios.

Media - Law360 quotes Ilene Jaroslaw in "Epstein Ruling Puts Pressure On Acosta, DOJ" regarding the Jeffrey Epstein sex trafficking case and non-prosecution deal (Subscription required)

"Ilene Jaroslaw...pointed out that whether or not the Miami office reopens the case, a decision vacating the non-prosecution agreement could catch the eye of other U.S. attorneys who may have jurisdiction...the non-prosecution agreement was not a global agreement that would have bound federal prosecutors outside Miami. However, Jaroslaw noted that U.S. attorneys’ offices may have chosen to pass on bringing charges against Epstein if they believed the Miami office had it under control. If the court tears up the non-prosecution agreement, it could change the equation, she said.

“It seems to me that the U.S. attorneys’ offices in other states would absolutely have a green light to re-investigate those cases and, as warranted, bring new prosecutions.”

Media - Patrick Burke comments on JPMorgan's new digital currency "JPM Coin" in the article, "JPMorgan’s New Digital Currency: Will Benefits Outweigh Risks?" appearing on Law.com/LegalTech News (Subscription required)

“One risk is that somehow there’s a glitch in the software and the accounting gets screwed up and people feel like they’ve lost money. And one way that there can be a glitch is if there’s a hack of the system so they need to be very careful about their cybersecurity around the blockchain...Since it’s staying in the bank it’s at much lower risk for money laundering or violation of sanctions. So they’re safer as these things go compared to a cryptocurrency that’s out in the wild.” 

Media - Patrick Burke quoted by Cyber Defense Magazine in, "QuadrigaCX Cryptocurrency Exchange — Password or Death Fail?" about the death of Gerald Cotten, Founder, sole Director, and CEO of QuadrigaCX, the Canadian cryptocurrency exchange. | Read here

Cotten died in December 2018 reportedly as the only individual with the master password to access the internal server for the exchange.  Since the initial reports of Cotten's passing, alarming information has come to light, including alleged missing coins, cash, and other digital assets, and possible fraud.

"It’s one thing to trade your cryptocurrency on an unregulated exchange; it’s another to trust them to store your coins safely for you.  If you are not day-trading, you do not need to store your crypto on an exchange.  The safest place is with companies that specialize in providing ultra-safe custody for digital assets."

Media - Finance Magnets quotes partner Patrick Burke in "Is QuadrigaCX the New Mt Gox?"  QuadrigaCX, the Canadian crypocurrency exchange is under investigation after the reported death of its founder and CEO Gerald Cotten.

Media - Law360 quotes Thomas Jackson in "Yahoo Breach Deal's Failure Shows Vagueness Doesn't Pay," highlighting a U.S. District Court refusal to approve a $50 million data breach deal between Yahoo! and its users. (Subscription Required)

Excerpt:

"Central to the concerns Judge Koh is raising is why it took 143 attorneys from 32 firms to file a complaint, oppose a stay, oppose a demurrer and file a motion for class action certification, and how that work could conceivably justify an award, on average, of over a million dollars for each of the firms...the court in its decision painted a picture of Yahoo as the poster child for bad behavior...It took particular pains to point out that Yahoo's estimate for settlement purposes of the number of accounts affected was not accurate, as well as other misdeeds, including Yahoo's denial in public filings that it knew anything about unauthorized access to personal data, its withholding of information and its delay, in some cases for a period of years, in notifying users of something it had contemporaneous knowledge of, leaving them in the dark as far as any actions they needed to take to protect themselves against the potential misuse of the compromised data."

Media - Alan Behr, member of the Intellectual Property Law Practice, has been quoted by IPPro magazine in the article, "Oracle v Rimini: The shifting sands of copyright". | Read here

The U.S. Supreme Court will resolve a conflict in the Circuits concerning whether the copyright statute's authorization of recovery of “full costs” includes costs, such as expert witness fees, for which recovery is not otherwise authorized under the general statutory provision defining recoverable costs in every federal case. Alan commented on that question and the broader problem of ambiguity and interpretation of a copyright statute dating from 1976—on that he believes is long overdue for overhaul or full replacement.

Media - Thomas Jackson, Chair of the Technology Practice, quoted by Law360 in "Apple's Facebook, Google App Bans Shake Up Privacy Fight."  The article reports on Apple's recent block of an internal marketing research app Facebook and Google distributed to consumers, including minors. (Subscription required)

Excerpt:

"I don’t regard a teenager — or for that matter an adult — being incentivized to download a 'survey' app based on a statement that trusting the app 'may give' Facebook’s developers 'access to your data' and tapping a 'Trust' button as having given his or her consent."

Media - Leading up to Sunday's Big Game, Ed Schauder breaks down the potential windfall for a Super Bowl-winning athlete cemented in history. | "Super Bowl Presents Lucrative Memorabilia Opportunities for Players" published on January 31, 2019

Speaking Engagement - Patrick Burke, Chair of the Data Technology and Cybersecurity Group, "The State of the E-Discovery Union: A Roundtable on the Industry and the Profession" at Legaltech (January 30, 2019; NYC)

Media - Ed Schauder comments on Major League Baseball's (MLB) posting system with the Cuban Baseball Federation in the Los Angeles Daily News. | "Hoornstra: How the government shutdown dampened MLB’s feel-good story of the winter" published on January 23, 2019

Media - Law360 quotes Patrick Burke in, "Google's EU Privacy Fine Sets High Bar For Educating Users," published on January 22, 2019. (Subscription required) 

“This is a lesson to U.S.-based companies operating across Europe. Unless you want to suffer from disparate enforcement and fines from various European member states’ data protection authorities, your organization should comply with the GDPR’s one-stop-shop mechanism by empowering its subsidiary in its jurisdiction of choice as a true ‘main establishment’ with decision-making power over processing operations across Europe. Google’s delay in so designating its Irish subsidiary may have cost it 50 million euros.”

Media - Patrick Burke, Chair, Data Technology & Cybersecurity Group, featured in the New York Law Journal on January 18, 2019 (Subscription required)

Media - Bloomberg Law announces the arrival of Patrick Burke, former New York State regulator of cybersecurity and virtual currency, to Phillips Nizer in a feature published on January 17, 2019

Media - Alan Behr, Chair of the Fashion Practice, comments on New York City's new rezoning plan of the historic Garment District | Read the article

Speaking Engagement - Michael Galligan, partner in the Tax, Trusts & Estates and International Practices to be a featured panelist during the Trusts and Estates Law Section Meeting at the 2019 NYS Bar Association Annual Meeting. | Details and Registration 

Speaking Engagement - Michael Galligan, partner in the Trusts & Estates Department presents, "U.S. and Civil Law Estate Administrations: a Comparative Perspective" on December 19, 2018 | Details and Registration

Media - D/SRUPTION quotes Thomas Jackson in "The Behavioural Data Dilemma: Companies are under pressure to behave with behavioural data" (December 18, 2018)

Excerpt:

"...Numerous high profile businesses have been criticised for misusing information. Only this month, Google was forced to admit that a bug in the Google+ API had allowed third party app developers to access not only the data of consenting Google+ users, but also of their friends. Google failed to conduct good data practice, which is damning enough. On top of that, the company found out about the bug in March and kept it under wraps until the Wall Street Journal called them out. According to Thomas Jackson, partner at Phillips Nizer LLP and technology law expert, Google hid the discovery to avoid being compared with the Facebook Cambridge Analytica scandal.
 

"There are differences, of course...Much of the outrage following the Cambridge Analytica episode resulted from the fact that a personality test was used to collect personal data which, unbeknownst to Facebook users, gave a third party access to their personal information, and was collected for use in a political campaign. In Google’s case, what actual use was made of the data by outside developers, at least at this point, apparently is unknown. Undoubtedly it will prove to be far worse for Google that it chose to cover up what it had learned rather than disclose it in timely fashion and announce what steps it had taken to prevent the problem from occurring in the future.”"

Media - Alan Behr, member of the Corporate and Intellectual Property Law Practices, quoted and heavily referenced in IPPro The Internet article on Marvel publisher, Stan Lee

Alan Behr is referenced and quoted heavily in one of December's IPPro The Internet’s features, “A look at Marvel IP: Stan Lee’s passing shook the comic book industry and superhero film industry he inspired, leaving the question: what is the future of Marvel IP?”  The legendary American comic-book writer, editor, and publisher, who was executive vice president and publisher of Marvel Comics, passed away on November 12, 2018.

Media - Monica McCabe, Chair of the Intellectual Property Law Practice, mentioned in Bloomberg Law article highlighting hip hop artist and actor LL Cool J "Rock the Bells" trademark infringement case

Monica McCabe mentioned in Bloomberg Law article “LL Cool J May Luck Into ‘Rock the Bells’ Rights for Sirius Channel” highlighting a trademark infringement suit filed by hip hop artist and actor, LL Cool J (using his real name James Todd Smith), against a now-defunct concert promotion company Guerilla Union Inc. targeting its Rock the Bells Twitter handle, Facebook page and web domain.

Media - "Michael Flynn re-emerges as major witness in Robert Mueller's inquiry – and at least two others," (USA Today, December 6, 2018)

Speaking Engagement - Alisha McCarthy, litigation associate, addresses artificial intelligence (AI) and analytics on a Thomson Reuters/Westlaw Edge webcast being held on Wed., December 5, 2018 | 12 Noon EST. Click here for details.

Details and registration here. 

Media - Thomas Jackson, chair of the technology practice, quoted in an article in TechNewsWorld about Quora data breach | Read the article

Tom addresses the breach of the Quora question-and-answer website that exposed the names, e-mail addresses, hashed passwords and non-public content of over 100,000 users, including messages and answer sent privately to other users.

"Since this is a knowledge-sharing platform, one of the risks of an incident like this is it could deter people from engaging in that kind of activity, which is productive and useful...In the Quora case, the main issue is going to be the willingness of inviduals to contribute going forward. Will it have a negative effect on postings and new signups?"

Media - Edward Schauder, chair of the Sports Law practice, mentioned in Forbes article on Yogi Berra Virtual Avatar. | "Surprise, Surprise: Virtual Yogi Will Make World Debut At Winter Meetings" published on December 3, 2018.

Media - "Mueller Just Drew A Direct Line Between Trump's Business and the Kremlin," (VICE News, November 29, 2018)

Media - "What Paul Manafort's highly unusual move to brief Trump's team on his discussions with Mueller reveals about his strategy," (Business Insider, November 27, 2018)

Speaking Engagement - Regina Faul, Chair of the Employment & Labor Law Practice joins panel at the inaugural Wage & Hour ExecuSummit on November 27th at the Mohegan Sun Hotel, Resort & Convention Center

Regina joins panelists to address "Settlement of FLSA Claims" at the inaugural Wage & Hour ExecuSummit on November 27, 2018.  The two-day program will be held at Mohegan Sun in Uncasville, Connecticut. The panel will convene at 1:00 p.m. | Agenda and registration details in the attached file.