Hani Khalil

Spotlight On: Catherine Macris, Managing Partner – Boston Office, Fragomen 4 min read May 2024 — In the interview with #Invest:, Catherine Macris, managing partner of the #Boston office at Fragomen, Del Rey, Bernsen & Loewy, focused on addressing industry-specific challenges and advancements across industries, with particular emphasis on the local #biotech sector, amid #economic fluctuations and policy shifts. READ MORE: https://lnkd.in/e3dNGbjt

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We're back with more news about the IOLA Fund. Two months ago, the legal community staved off an unprecedented proposal to sweep $100 million away from the IOLA Fund into the general State budget. We've just learned there's a renewed effort to sweep $55 million away from the Fund. IOLA is one of the top funders for civil legal services in New York State. Her Justice and our many community partners depend on its funding to support our clients and communities. As a reminder, in FY2023, 81 IOLA grantees closed over 307,000 cases benefiting more than 639,000 New Yorkers – the vast majority of whom faced challenges involving food, shelter, jobs, and healthcare. Read more here: https://lnkd.in/ejy-KAv4 Read IOLA's statement here: https://lnkd.in/eu4BZEB3

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In a demonstration of the strength in collaboration, just a few months ago, legal service organizations throughout New York State came together and stopped an unprecedented proposal to sweep $100 away from the IOLA Fund (which provides critical funding to non-profit legal organizations in every region of the state to serve low-income New Yorkers, including the Telesca Center for Justice partners). And now, that collaborative strength is necessary again. A late-breaking proposal from #GovernorKathyHochul would ‘sweep’ $55 million from the Interest on Lawyers Account Fund (IOLA). At no time in IOLA’s 40-year history -- despite the budget fluctuations facing the state through those years -- have these funds been diverted to any other purpose. Any shift of IOLA revenue to pay for other government programs – however needed – could destroy IOLA as a vital source of support for legal services for the most vulnerable New Yorkers. “Fundamentally, this would take non-taxpayer dollars from low-income New Yorkers who need access to civil legal services,” Kristin Brown, President of the New York Legal Services Coalition. Read more in the article linked below from Law.com, and check out the statement released by IOLA for more about this second proposed sweep.

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LSW partner Jillian Berman joined a panel at the New York City Bar Association's annual White Collar Crime Institute on May 23, 2024 about “Emerging Issues in Federal Sentencing.” Jillian and co-panelists Nola Heller, Amanda Kramer, Thomas McKay and Torrey Young engaged in a lively discussion about current topics in white collar sentencing including: - The potential impact of upcoming amendments to the United States Sentencing Guidelines regarding acquitted conduct and loss; - Creative ways to address restitution; advocacy aimed at achieving the return of forfeited assets to victims; and - Practical advice for defense counsel interacting with the U.S. Probation Department to achieve more favorable sentencing outcomes. The NYCBA’s White Collar Crime Institute is an annual event bringing together the defense bar, senior government enforcement officials and top practitioners to discuss critical developments in white collar enforcement and practice. For more information click here: https://lnkd.in/e47DQDqH #whitecollardefense #investigations #federalcourts #sentencing

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The Delaware Court of Chancery issued an important victory to HSW in the firm’s ongoing action against BuzzFeed, striking down the media company’s second attempt to prevent a group of former employees from arbitrating their claims stemming from its initial public offering. Partners Joseph Gallagher, Yonaton Aronoff and Jonathan Harris represent more than 40 former BuzzFeed employees who allege they were wrongfully locked out of selling their shares (causing them to suffer millions of dollars in losses) after the company went public via a SPAC transaction in late 2021. HSW brought the former employees’ claims in arbitration and BuzzFeed Inc. (NASDAQ: BZFD) filed suit in Delaware court to stop the arbitration. This latest gambit by BuzzFeed was its second attempt to force HSW’s clients to sue in Delaware. But the Chancery Court rejected BuzzFeed��s arguments, agreeing with HSW that only an arbitrator can decide where the suit belongs. A similar group of former BuzzFeed employees are represented by The Galbraith Law Firm and O'Brien LLP, and both groups are represented jointly by Bailey & Glasser, LLP in Delaware #Arbitration #IPO #SPAC

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On 5/8, MBJ partner Jeffrey Siegel will speak on the Boston Bar Association’s virtual panel, “Navigating the FTC’s Non-compete Ban.” Jeff and fellow panelists will discuss the FTC’s recent #FinalRule decision prohibiting most #noncompete agreements, as well as the exceptions, practical implications, and ongoing legal challenges of the Final Rule. For more information and to register for the program, visit here: https://lnkd.in/eYfbhQ2D #employmentlaw #laborandemployment #noncompetition #restrictivecovenants

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In his latest article for Judicature, Douglas M. Fasciale, associate justice of the New Jersey Supreme Court, opens with the following hypothetical: Imagine that you (a former civil trial judge) and your colleague (a former tax court judge) are on an appellate panel assigned to adjudicate two appeals. One is an appeal from an order entered by a tax court judge dismissing a complaint. The other is an appeal from a judgment entered following a jury trial in a car accident case. All other things being equal, can you envision deferring to your colleague or being particularly solicitous of her views given her prior experience as a tax court judge? Wouldn’t you want the same consideration in the car accident appeal? Through a personal case study based on his 35 years of experience, Justice Fasciale unpacks this hypothetical. He outlines 8 specific benefits of prior trial court experience to the appellate judge, and recommends 5 ways that appellate judges can maintain a trial court perspective that is “current and useful.” More broadly, Justice Fasciale concludes, “The institutional prior judicial experience of each intermediate appellate judge diversifies and strengthens the appellate court and its administration of justice.” Read the full article in Judicature Vol. 107 No. 3 (2024): https://loom.ly/j8dwtuc • • • • • #trialcourts #appellatecourts #attorney #professionaldevelopment #newjersey #jurytrial #casestudy #justice #judgment #civiltrial #diversity #judges #judging #supremecourt #statesupremecourt #administrationofjustice #law #legalessay #jurist

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In Law360, Lowenstein partner and former NJ Bureau of Securities Chief Christopher Gerold highlights the ambiguity in the U.S. Securities and Exchange Commission’s stance on ETH as a commodity or security, noting the lack of a definitive statement despite approving exchange-traded products holding ETH and the conflicting views within the agency. Read the full article: https://bit.ly/4ew67qa Read Chris’s bio: https://lnkd.in/gVrZHrPf #securitieslaw #cryptocurrency #cryptonews #ether #blockchain

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Gordon Rees Scully Mansukhani Partner Jason Scott will serve as a panelist for a discussion entitled “Recent and Emerging Legal Issues Surrounding AI" at a Hudson Valley Pattern for Progress Fellows Program on May 8, 2024, from 3:00-5:00 p.m. Eastern. This discussion will cover recent and emerging issues related to the regulation of AI, intellectual property, and how AI is being used in employment decisions.   Learn more about Hudson Valley Pattern for Progress here: https://lnkd.in/dNRDGH9. #artificialintelligencelaw #intellectualproperty #ailaw #artificialintelligence #lawyer #attorney #legal #litigation #employmentlaw #law #lawfirm #grsm #gordonrees #your50statelawfirm

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Check out the latest article written by our partners Andrew Goldenberg and Adam Michael Levy for the New York Law Journal on the new and expanded anti-SLAPP law. #NYlawyers #NYlitigators #NYlawfirm #commerciallitigation #NYClitigation #litigation #NYLJ https://lnkd.in/eYsj5P3K

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Check out the Law360 article on our client and this complex case involving a musician with the New York Philharmonic, with quotes from our own Alan Lewis, who is leading the case. (Note: This is firewalled)

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In mid-April 2024, New York adopted legislation relating to the use of artificial intelligence (AI) in political communications. Recent technological advancements and broadening access to AI have been impacting New York elections, with voters sometimes struggling to decipher between original and AI-generated material. 🤖 🔗 Read more in this #GTAlert written by Josh Oppenheimer and Cathryn Crummey: https://buff.ly/3WorTWs. #ArtificialIntelligence #AI #PoliticalLaw #NYLaw #Elections

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Nancy Libin, John Sevier, and Jevan Hutson review #Minnesota's new #dataprivacy law in NYU Program on Corporate Compliance and Enforcement's blog: https://lnkd.in/ei_rHhE9 #consumerprivacy #privacyrights Jennifer Arlen, Joseph Facciponti, Carolyn R Pautz, PhD, Judy Jiang

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In a recent case, Palkon v. Maffei (TripAdvisor), the Delaware Supreme Court accepted an interlocutory appeal of the Court of Chancery’s denial of shareholders’ motion to dismiss. Such appeals are not common: Delaware Supreme Court Rule 42(b) expressly provides that “[i]nterlocutory appeals should be exceptional, not routine, because they disrupt the normal procession of litigation, cause delay, and can threaten to exhaust scarce party and judicial resources.” Even more unusually, the Delaware Supreme Court took this step over the Court of Chancery’s refusal to certify the appeal. This decision and others demonstrate the Delaware Supreme Court’s willingness to step in affirmatively, even mid-case, to ensure the coherence and predictability of corporate governance law — particularly when a matter of public concern is at stake. Read more on "Delaware’s Appealing Interlocutory Review Regime" on Jim Ducayet and Deepa Chari's blog post.

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A Step-by-Step Guide on Election Law 🗳️ Election law, crucial for democracy, spans voter eligibility to campaign financing. Recently, debates like NYC's non-citizen voting law ruling underscore the dynamic nature of voting rights and integrity. Key Areas: Voter Eligibility: Debates over who can vote. Voting Methods: From traditional ballots to digital. Recounts: Ensuring accurate vote counts. Campaign Finance: Monitoring political spending. LegalFix unpacks these important issues, providing clarity on the blend of laws shaping our electoral system. Stay informed on the legal contours of elections with us. For helpful legal information, check out our blog here: ➡️ https://lnkd.in/edYg-hRC #LegalFix #LawTech #LegalTech #LegalIssues #LegalChallenges #ElectionLaw #VotingRights

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New York is one step closer to achieving justice for all, but there is still more work to be done. Yesterday, the New York State Senate unanimously approved Senator Jeremy Cooney's Consumer Litigation Funding Act (S.B. 4146-B) which will successfully protect consumers from bad-actors in the legal funding industry while ensuring this vital lifeline for personal injury victims remains safe and accessible. The strong consumer protections in the law are needed to level the playing field against big corporations and insurance companies, allowing vulnerable victims to pursue their rightful day in court. Today, we urge lawmakers in the New York State Assembly to also pass Assembly Member Latrice Monique Walker’s Consumer Litigation Funding Act (A.B. 7655-B) because every New Yorker deserves the right to justice. #NYSenate #NYAssembly #LegalFunding #ConsumerLegalFunding #CLF #LawsuitReform #EqualJusticeForAll Read more: https://bit.ly/3R6SPXg

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🎙️ The wait is over! We're excited to announce our latest podcast episode featuring David J. Kirschner, Justice of the New York State Supreme Court in Queens County. Don't miss out on "𝐉𝐮𝐝𝐠𝐞'𝐬 𝐈𝐧𝐬𝐢𝐠𝐡𝐭𝐬: 𝐁𝐞𝐧𝐜𝐡 𝐯𝐬 𝐉𝐮𝐫𝐲 𝐓𝐫𝐢𝐚𝐥𝐬" available now at: https://lnkd.in/ePY6Qipv 🔍 Hosted by Christopher Mines from LearnFormula, this episode explores the nuanced differences between bench and jury trials, offering valuable insights from both judicial and practitioner perspectives. From strategic decision-making to presentation techniques, we uncover the essential considerations that shape trial outcomes. 𝐊𝐞𝐲 𝐭𝐨𝐩𝐢𝐜𝐬 𝐢𝐧𝐜𝐥𝐮𝐝𝐞: 🎯 Strategic Decision-Making: Factors influencing trial type selection and statistical insights on trial frequency. 📝 Preparation and Approach: Tailoring strategies for bench versus jury trials, considering audience dynamics and attorney presentation styles. 📜 Presentation of Evidence: Examining differences in evidence presentation and legal arguments and their impact on trial progression. ⚖️ Plea Bargains and Trial Dynamics: Strategies and likelihood of plea bargains in bench versus jury trials. 👥 Role of Jurors and Judges: Managing juror perceptions and gaining insights into judges' perspectives on trial management. 📑 Legal Formalities: Procedural differences in bench and jury trials, including opening statements, objections, and motion arguments. Don't miss out on this insightful discussion! Tune in to gain a comprehensive understanding of trial dynamics and enhance your litigation strategy. #LearnFormula #CLE #LegalInsights #USLaw #TrialStrategy

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The New York Intellectual Property Law Association (“NYIPLA”) filed an amicus curiae brief at the U.S. Supreme Court in Cellect, LLC v. Katherine Vidal, urging the Court grant certiorari to review In re Cellect. That case concerns the judicially-created doctrine of non-statutory obvious-type double patenting (ODP), which the US Patent & Trademark Office (“PTO”) used to invalidate patents solely based upon the PTO having failed timely examine the underlying applications. That failure to timely examine applications led to some patents receiving an automatic, mandatory Patent Term Adjustment (“PTA”) of expiration dates; the PTO used those adjustments to hold the patent invalid for ODP. Thank you to Robert Rando, Jeffrey I. D. Lewis, Lucas Watkins, David Surry, Paul Coletti, Charley Macedo, Gary J. Gershik, David Goldberg, and Britt Saunders for organizing this report. To view the Amicus Brief on NYIPLA's website, please visit: https://lnkd.in/eSVmVxHZ

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