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.

Helene Freeman, partner in the Entertainment and Intellectual Property Law Practices speaks at the New York State Bar Association (NYSBA) Entertainment, Arts & Sports Law Section 2018 Music Business and Law Conference.

Helene will addresses the Copyright Act of 1909 that was involved in the "Stairway To Heaven" and "Blurred Lines" cases at this NYSBA CLE program on Friday, November 16, 2018.  

The program will be held at New York Law School, 185 West Broadway, New York, NY 10013.  

Register at:  www.nysba.org/EASLMusicConference18 

Lauren Wachtler, Co-Chair of the Litigation Department, moderates "Mentorship & Sponsorship" roundtable at the Women in Law & Leadership Summit - NYC on Wednesday, November 14, 2018.

The full-day Women in Law & Leadership Summit will explore career obstacles, risks and rewards on the path to fulfilling and productive careers for women lawyers. The conference will provide networking and learning opportunities on topics including mentorship, gender equity and career management. 

Roundtables are informal interactive discussions over a two-hour period, which will provide excellent opportunities to exchange professional insights with peer-level experts.  

Law Firms/Vendors register here.
In-House Counsel register here.

Thomas Jackson, Chair of the Phillips Nizer's Technology Practice, was quoted in the Law360 article, "House Flip To Boost Privacy Policy Push, Interference Probe" (subscription required)

The article addresses the effect of the Democratic takeover of the majority in the House of Representatives on privacy and cybersecurity initiatives in Congress. | Law360 subscribers, read the article: here.

Speaking Engagement - Continuing Legal Education (CLE) - Helene Freeman, Litigation partner and member of the Intellectual Property and Entertainment Practices addresses "Copyright Licensing" on Mon., November 5, 2018 at the 2-day Practising Law Institute (PLI) program, "Understanding the Intellectual Property License 2018".

Licensing Intellectual Property can offer a practical and efficient strategy for companies looking to expand into a new market, enhance an existing product line, reduce costs or accomplish other business goals. The IP under consideration for license could be a patent, copyright, or trademark, software or any combination of these properties.

As this approach becomes increasingly common across industries, counsel who are new to licensing
IP must understand the complex range of issues that may arise when licensing a mix of intellectual
property types. 

This program is designed for intellectual property specialists, corporate counsel and general practitioners who are interested in learning how to license and protect various forms of intellectual property.

DETAILS AND REGISTRATION HERE

Speaking Engagement - Continuing Legal Education (CLE) - Litigation Department Co-Chair Lauren Wachtler, will be a panelist at the NYS Bar Assn. full-day program "Mediation Choices for Effective Representation and Advocacy" on Mon., October 29, 2018.

Ms. Wachtler's panel, "Preparing for Mediation and Selecting the Mediator" will be the lead session of the day. | Full details and registration

Speaking Engagement - Michael Galligan, partner in the Tax, Trusts & Estates and International Practices will be a featured panelist at the New York State Bar Association International Section 2018 Season Meeting.

Michael's panel, "Harmonizing Wealth Transfer Across the Canada-United States Border: The Challenges of Canada-United States Estate Planning," will convene on Friday, October 26th from 2:45 - 4:00 p.m. The 3-day Seasonal Meeting will be held in Montreal, Canada. 

Media - Florian von Eyb addresses liability risks for European companies in Digitorney, a Dutch-based online publisher of legal and business news

Media - Entertainment and Intellectual Property Law partner Helene Freeman quoted by Radio+Television Business Report regarding the Music Modernization Act signed into law today.

Speaking Engagement - Mark Elliott, Co-Chair of the Litigation Practice, chairs the "Trends in Cryptocurrency Litigation" panel at the Americas Regional Meeting of Ally Law in Montreal.

Speaking Engagement - Florian von Eyb, International Counsel, to present at workshop on October 18th for German businesses seeking their first U.S. market entry through Amazon. | Click here for details and tickets.

Speaking Engagement -  Trusts & Estates and International Practice partner Michael Galligan addresses members of the Chamber of Notaries of Paris (Chambres des Notaires de Paris, Ile-de-France) with a presentation on the most common trusts in the United States. 

Media - Election brings upstarts into the fray | Real Estate Weekly quotes Government Relations Practice partner Christian Hylton

Media - Christian Hylton, co-chair of our Land Use and Government Relations Practice, and partner in our Real Estate Practice is quoted in Real Estate Weekly's Democratic primary elections results article, “Election brings upstarts into the fray.” 

“It’s hard to say for sure what policy shifts will actually come into play...The influence of some of the people who have been elected with progressive agendas may pull the dialogue in a certain direction, but ultimately they’re going to face roadblocks to implementing some of their policy ideas, especially with the governor and lieutenant governor still in office.”

​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. 

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."

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. 

The article, “Cheese Makers Fear EU Name Limits Curdle Profits,” also appears in the Intellectual Property section of Bloomberg Law.

Media - 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.

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."

Speaking Engagement - Mark Elliott, Co-Chair of the Litigation Department, hosts a panel on alternative dispute resolution at the Ally Law Annual General Meeting and Client Conference being held in London. 

The panel is sponsored by Ally Law and being held at the Law Society of England and Wales. Mark is the Co-Chair of Ally Law’s Litigation Group. Ally Law is the international legal network to which Phillips Nizer belongs.

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.

Speaking Engagement - The International Academy of Estate and Trust Law | Professional Program (May 20 - 24, 2018) featuring Michael W. Galligan

Michael Galligan, partner in the Trusts & Estates and International Practices joins fellow international practitioners for the panel discussion, "Choice of Law, Conflict of Laws and Recognition of Foreign Judgements" at the International Academy of Estate and Trust Law Professional Program in Lisbon, Portugal on Tuesday, May 22, 2018.

Speaking Engagement - New York State Bar Association (NYSBA) | Trial Practice Webinar Series: "Openings and Closings" (May 16, 2018) featuring Lauren J. Wachtler

On Wednesday, May 16, 2018, the New York State Bar Association's Commercial and Federal Litigation Section will conduct "Openings and Closings," a program within their webinar series.

Media - ​Nation’s Restaurant News quotes Labor & Employment Law Chair, Regina Faul, regarding new anti-sexual harassment laws in New York City. 

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"

Speaking Engagement - Tennessee Intellectual Property Association (TIPLA) | Spring CLE Seminar featuring Helene M. Freeman

Intellectual Property and Entertainment Law partner Helene Freeman addresses copyright issues in the music business at TIPLA's Spring Seminar in Nashville, Tennessee.  

Speaking Engagement - Partner Michael Galligan in the Trusts & Estates and International Practices will be a panelist at the Society of Trust and Estate Practitioners (STEP) International Tax & Estate Planning Forum: Around the Globe in 2018 (May 3 - 4) in Laguna Beach, CA. 

Michael's panel, "Working with Treaties," will be held on the first day of the forum at 4:30 p.m. | Forum brochure and registration details here.

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). 

​Speaking Engagament - Litigator Elizabeth Adinolfi, chair of the Guardianship Practice, will highlight issues including Divorce and Capacity, Addressing Fraudulent and/or Abusive Marriages Where Spouse Lacks Capacity, Right of Election, and Medicaid and Issues for Unmarried Couples, at the New York State Bar Association CLE program, "The Marriage of Elder Law and Family Law" on Thursday, April 26, 2018 in New York City.

From the Program Brochure: "This program...will highlight the myriad of cross over topics that confront both family and elder law practitioners including the impact of marital status on Medicaid benefits, the use of spousal refusal and mutual consent divorce, long-term care planning for the unmarried elder couple, marital status changes, spousal obligations during divorce pendency and effects on long term care planning, Medicaid planning challenges created by a second marriage, and discussion of planning techniques related to the right of election for Medicaid recipients when a well spouse dies." | More information and registration here.

Speaking Engagement - Elliot Wiener, Chair of the Matrimonial & Family Law Practice, joins panelists to address the subject of "Parental Alienation" at the International Academy of Family Lawyers' Open Conference on International Family Law in New York City.

Conference details and to register here.

Speaking Engagement - Intellectual Property Practice Chair, partner Monica McCabe, will once again serve as CLE Board Program Chair for the American Bar Association's (ABA) Intellectual Property Law Spring Conference on April 18 - 20, 2018.

Further details here.

Speaking Engagement - The Commercial and Federal Litigation Section of the New York State Bar Association (NYSBA), of which Litigation Department co-chair Lauren Wachtler is a former Section chair, hosts the 12th Annual Smooth Moves: Career Strategies For Attorneys of Color event from 5:00 - 8:00 p.m. at Lincoln Center's Stanley Kaplan Penthouse. 

The event will feature the program,* "Strengthening the Rule of Law By Fighting Discrimination."   At the conclusion, The Honorable George Bundy Smith Pioneer Award will be presented to The Honorable Eric H. Holder, Jr., 82nd Attorney General of the United States.

For full details regarding the event, see here. | Registration required. This NYSBA event is complimentary. Space is limited.

*1.5 MCLE Credits: 1.5 Diversity, Inclusion, and Elimination of Bias Credits

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. 

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.

Speaking Engagement - ​Litigation partner, Helene Freeman, joins veteran entertainment lawyers to discuss recent developments in the law affecting practitioners in the field and to share their favorite trial tips at the 9th Annual American Bar Association Entertainment Law Symposium (April 5 - 6, 2018) in Miami, Florida.

The panel presentation, "Entertainment Litigation Update" will be held on Friday, April 6th from 10:45 a.m. – 12:15 p.m. For full details and to register for the ABA Symposium, see here.

Speaking Engagement - ​Lauren Wachtler, Co-Chair of the Litigation Department will be the Special Speaker at the Veritas Advisory Group's 3rd Annual Women's Legal Forum on April 5, 2018.

The full day Continuing Legal Education (CLE) event will be held in Dallas, Texas, and will feature leading women in the legal industry. Lauren's presentation, "If Not Now, When?: Achieving Gender Equality In the courtroom and ADR” -- How a Task Force Championed and Changed the Role of Women in the Legal Profession" will be begin at 1:00 p.m. | View the Forum's agenda here.  

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. 

Read "Target, Aldi, Big Lots eyeing Toys R Us real estate" published here in Retail Dive.

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." 

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.

Media - ​Litigation partner Jared Clark quoted in Bankruptcy Week's feature on the Chapter 11 filing of The Weinstein Company.

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.

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:

“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’.”

Full article here (subscription required).

Media - Partners Marc Landis and Lauren Wachtler quoted by the New York Law Journal in the article, "What’s Working to Increase Diversity Among Associates, Partners? Midsize Firms Share Their Secrets"

Lauren, who joined the firm in January 2018, is a co-author of the report, “If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR,” adopted by the New York State Bar Associaiton’s House of Delegates in November 2017.

Excerpt:

"Wachtler’s reputation in the women’s rights arena is helping the firm hire female associates who want to learn from her, Landis said. “She’s the new exciting thing that we talk to prospective associates about,” he [Landis] said...In addition to hiring Wachtler, 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.”

Media - Partner Julian Perlman in, "US Army files complaint about the colors and team name of NHL's Vegas Golden Knights," has been quoted in a CNBC online article highlighting the U.S. Army's complaint filed with the U.S. Patent and Trademark Office (USPTO) against the National Hockey League team, the "Vegas Golden Knights".  

The Army claims the NHL team’s colors and name are too similar to the Army’s parachute team and might cause confusion. According to statements from the U.S. Army, they had attempted to resolve the issue with the team for over a year.

See Julian’s comments below and read the article in full here.

The Army, he said, doesn't "want people thinking that this Vegas expansion team has the endorsement [of] or association with the Army's parachute team."
But Perlman predicted it would be a tough battle for the Army. "If they were going to litigate this case and try to stop them from using the mark, they would have to show evidence of confusion."

This is not the first time the NHL team has had issues involving the USPTO. Over a year ago, Julian commented on the denial by the USPTO of the registration of a trademark associated with their name – the "Vegas Golden Knights". Julian addressed the Office’s decision and cautioned entities about the window of opportunity associated with trademark registrations and the importance of identifying any already-registered marks that may be confusingly similar.

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.

“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.

Media - The American Lawyer highlights the latest addition to our litigation team, Jeffrey Q. Smith, who joined our firm on November 1st. 

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.

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).

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.

Media - ​Law360 quotes partner and head of Technology Practice, Thomas "Tom" Jackson, in the article, “EU Privacy Shield Gets Good Marks, For Now,” published today.

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.

Media - “When Malls Were The Disruptors of Retail,” an article by Fashion Law chair, Alan Behr, was published by Chain Store Age, a leading source for retail news and industry analysis, including retail store operations, retail technology, store design and more.

Alan reflects on the change in retail from the early 1900s at a period of time when stand-alone department stores still existed, including Krauss Company in New Orleans, Louisiana run by his family, but were soon made obsolete over time by the development of malls.

Media - The Real Deal quotes Marc Landis in "Fine print hints at an even broader US crackdown on luxe real estate deals: Treasury is looking to close loopholes in LLC disclosure law" regarding the Treasury Department's Financial Crimes Enforcement Network (FinCEN) tracking of luxury residential real estate deals in places like Manhattan (New York County, New York).

FinCEN has begun to close loopholes, such as 'all-cash' deals involving wire transfers used by residential purchasers that can be linked to money laundering. Individuals involved in the purchase of luxury residential real estate using an LLC or corporate entity are required to be disclosed by certain title insurance companies according to FinCEN's new rule. Commercial real estate deals may be next on FinCEN's radar.

Says Marc: "While the focus remains on luxury real estate, they’re foreshadowing [a focus on] commercial real estate...They’re continuing to broaden the things that they’re going to look at."

Read The Real Deal article here.
 
Read our Legal Alert from January 2016 here.

Media - The firm filed an application seeking leave to intervene in two election law disputes on behalf of White Plains voters whose rights to free speech, due process and equal protection under the law were violated by the Westchester County Board of Elections (the “BOE”).

The class representatives are Alexis Greer Heidenberg, a lifelong White Plains resident, and Mark Elliott, the chairman of the City of White Plains Board of Ethics and partner at Phillips Nizer.

For media coverage, see:

• lohud.com (serving the Lower Hudson Valley, including Westchester County)
  "White Plains Democrats battle over primary ballot"
• New York Post
  "Man’s name struck from petition over spelling error: suit"

Speaking Engagements - Trusts & Estates and International partner, Michael Galligan, co-moderates the 2017 STEP Israel Annual Meeting conference session, "International Trust & Succession Planning," on Wednesday, June 21. 

The conference will be held in Tel Aviv, Israel on June 20 - 21, 2017. 

Speaking Engagements - ​Partner Alan Behr presents, "f/8 and See You in Court: Legal Issues in Photography," at Adorama on Wednesday, June 21st.

Along with chairing Phillips Nizer's Fashion Law Practice, Alan is also a member of the Art Law and Intellectual Property Law Practices. He is a working photojournalist and art photographer. | YouTube Video Replay

About Adorama: One of the largest retailers of photography, video, electronics and imaging equipment, Adorama events attracts professionals, aspiring professionals and hobbyists.

Speaking Engagement - Managing Partner, Marc Landis, will be a featured speaker at the New York State Bar Association's (NYSBA) Managing Partners' Conference on “The Orderly Succession of Firm Governance and the Transition of Clients From Senior Partners to Other Members of the Firm” on Tuesday, June 20th from 5:00 - 6:30 p.m.

Click the link for details regarding this program or to register for the conference.

Media - On the heels of the Supreme Court's ruling siding with the Asian-American rock band, The Slants, to register the band's name with the U.S Patent and Trademark Office (USPTO), Alan Behr was quoted by the San Diego Tribune and Law360 about the significance of the court's decision.

The band's lead singer, Simon Tam, filed a lawsuit after the USPTO refused to register the band's name citing the Lanham Act, which prohibits any trademark that could be cited as disparaging against "persons living or dead." The band's leader disagreed saying the band was reclaiming the historically disparaging word as a point of pride. With the Supreme Court's unanimous decision agreeing with the band that the trademark registration refusal was unconstitutional, it is speculated that this could impact how the First Amendment is applied in other trademark cases. (On a related note: The NFL Washington Redskins has been involved in a long-running dispute with the USPTO over allegations that the team's nickname is disparaging to Native Americans.)

For more about the ruling, see here: San Diego Tribune; Law360

Speaking Engagements - Michael Galligan, Trusts & Estates and International partner, presents at the Israel Bar Association Tel Aviv County International Private Law and Succession Committees seminar.

Michael's remarks will address "The European Union (EU) Succession Directive from a U.S. Perspective" on Monday, June 19 (9:45 - 11:15 a.m.).