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LITIGATION
In today’s litigation landscape, “winning at any cost” is seldom an option; “winning on the client’s terms” is essential. At Nixon Peabody, we never lose sight of the fact that disputes are disruptive and costly to our clients, and it is our responsibility to find the most efficient and effective means possible to reach a positive outcome and help our clients get back to business.
The more than 300 litigation attorneys of our international Litigation Department distinguish themselves every day in and out of the courtroom. We have decades of experience representing clients in federal and state courts, the U.S. Supreme Court, and the U.S. Courts of Appeals, as well as in mediation, arbitration, and other methods of alternative dispute resolution (ADR). We manage virtually all forms of disputes, from relatively simple matters to highly complex cases in product liability, class actions, government investigations, employment, antitrust, securities, and all areas for intellectual property, including trade secrets, for clients around the globe.
Winning on the client’s terms
We are laser-focused on our clients’ business interests and objectives, understanding that not all cases require the same approach. Our successes include fending off claims to save companies millions of dollars before litigation arises. We only try cases that should be tried, and aggressively seek alternative solutions when they should not. We work collaboratively with our clients throughout the process to ensure that legal decisions and business decisions are compatible—from early evaluation, to strategy development and budgeting, to trial. We also staff cases smartly, but have a deep geographically dispersed bench that enables us to quickly organize multidisciplinary teams of litigators when and where necessary. We use state-of-the-art electronic case management systems to deliver efficient, targeted, and strategic solutions.
In the courtroom, our mix of moxie and strategic focus personifies our reputation as fearless and pragmatic counsel. Our courtroom veterans from NP Trial® are some of the most respected and experienced trial lawyers practicing today, with verdicts and results that speak for themselves. While many firms offer litigators, when the right outcome is on the line, there is no substitute for the actual courtroom experience offered by Nixon Peabody’s team of battle-tested trial lawyers.
Marketplace recognition
Nixon Peabody made the Honor Roll as one of the “Most Feared Law Firms” for litigation in the BTI Litigation Outlook 2013 report. The firm is singled out for strong performances in IP Litigation, Complex Commercial Litigation, Routine Commercial Litigation, and Product Liability Litigation.
The firm and many of our litigation attorneys are regularly acknowledged and highly ranked by professional peers in well-known legal directories, including Chambers USA: America’s Leading Lawyers for Business and Chambers Global, Legal 500 United States, US News and World Report and Best Lawyers in America, Benchmark: Litigation and Benchmark: Appellate, and Super Lawyers®.
Thought Leadership/AlertsSecond Circuit holds that the relevant period for determining a foreign debtor's COMI is the filing of the Chapter 15 petition Bankruptcy Law Alert | May 15, 2013 Second Circuit holds that Madoff feeder fund's "center of main interests" is located in British Virgin Islands Private Fund Disputes Alert | May 1, 2013 . . . View all . . .
Hospitals and other providers of medical services and devices may find themselves subject to federal contractor requirements
Health Law Alert
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April 25, 2013
CMS Proposes $9.9 Million Reward for Medicare Fraud Whistleblowers
Health Care Fraud Investigations and Enforcement Alert
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April 25, 2013
Government's increased use of noncommittal intervention filings complicates qui tam proceedings under the False Claims Act
Government Investigations & White Collar Defense Alert
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April 18, 2013
Update on the Kilgore Ninth Circuit appeal: California's public injunction exception escapes for another day, but the en banc court reads the exception to arbitration narrowly and rejects plaintiffs' attempt at artful pleading
Class Action Alert
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April 16, 2013
Governor Cuomo introduces new legislation to target public corruption in wake of bribery scandals
Government Investigations & White Collar Defense Alert
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April 16, 2013
Recent BVI decisions offer guidance to investors and funds facing redemption disputes
Private Fund Disputes Alert
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April 2, 2013
Foreign companies found liable for price fixing despite evidence their government compelled them to fix prices
Anitrust Newsletter
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March 29, 2013
U.S. Supreme Court rejects class certification based on the damages model: Comcast Corp. v. Behrend
Class Action Alert
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March 28, 2013
What gets trebled? Seventh Circuit joins circuit split in deciding whether to use "gross" or "net" trebling
Government Investigations & White Collar Defense Alert
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March 27, 2013
The New York SAFE Act of 2013 and its profound effect on mental health care providers and their patients
Health Law Alert
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March 22, 2013
Critical hydrofracking cases advance through New York courts
Energy Alert
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March 22, 2013
The Supreme Court tightens up on CAFA—and on class plaintiffs
Class Action Alert
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March 20, 2013
5 Reasons to Use Focus Groups in Jury Research
March 13, 2013
Gabelli v. SEC
Securities Litigation Alert
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March 1, 2013
Don't "put the cart before the horse": Supreme Court rejects Amgen's argument that securities fraud plaintiffs must prove materiality of alleged misrepresentations at the class certification stage
Class Action Alert
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February 28, 2013
Can a company director always obtain access to the advice of counsel that was provided to the company?
Commercial Litigation Alert
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February 27, 2013
RMBS repurchase litigations — how to win or lose the war of the experts when proving breach and damages at trial
Corporate Trust and Banking and Financial Services Litigation Alert
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February 15, 2013
Webinar Recording: Shedding Light on the Sunshine Act Final Rule: Implications for Health Care Providers
Originally recorded February 13, 2013
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February 15, 2013
Doing business in Africa—new regional institutions bring international arbitration to Sub-Saharan Africa
International Arbitration Alert
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February 4, 2013
Webinar Recording: The First Amendment and Off-Label Promotion: Understanding the Implications of U.S. v. Caronia
Originally recorded December 5, 2012
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December 6, 2012
U.S. Supreme Court tells Oklahoma state court that state law does not trump the Federal Arbitration Act: Nitro-Lift Technologies, L.L.C. v. Howard
Class Action Alert
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November 29, 2012
U.S. Restrictions on Commercial Social Networking
November 28, 2012
U.S. Supreme Court will hear landmark class action waiver case: American Express Co. v. Italian Colors Restaurant
Class Action Alert
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November 19, 2012
New York asbestos judge rules bankruptcy claims materials must be disclosed
Products: Class Action, Trade & Industry Representation Alert
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November 19, 2012
The new "Green Guides": Federal Trade Commission's guidance for avoiding deceptive marketing claims
Legally Green Alert
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October 31, 2012
Webinar Recording: Important Trends in Electronic Discovery
Originally recorded August 2, 2012
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August 6, 2012
GARA and federal preemption lead federal court to dismiss claims against aircraft engine distributor/service facility
Aviation Law Alert
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July 30, 2012
Minnesota Supreme Court declines to impose duty to train on aircraft manufacturers
Aviation Alert
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July 25, 2012
Supreme Court holds that pharmaceutical reps meet the outside sales exemption to the FLSA
Employment Law Alert
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June 18, 2012
After Brinker and Dukes, court serves up class certification denial on meal and rest period claims but not on overtime
Employment Law Alert
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May 11, 2012
Webinar Recording: Can employers catch a break and rest after Brinker?
Originally recorded April 17, 2012
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April 20, 2012
Ways to Avoid Vicarious Liability for Franchisors
March 23, 2012
Ninth Circuit applies Concepcion to invalidate California's "public injunction" exception to arbitration and further upholds KeyBank's "opt-out" clause
Class Action Alert
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March 12, 2012
New York Court of Appeals affirms limited duties for banks in counterfeit check scams—and provides a cautionary tale for lawyers
Banking and Financial Services Litigation Alert
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February 6, 2012
Federal Circuit grants mandamus, transfers patent case against Delaware company out of Delaware
Intellectual Property Alert
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December 9, 2011
Webinar Recording: Adding Insult to Injury: Investors in Madoff Feeder Funds Are Still Targets for Litigation
November 7, 2011
Dukes redux: plaintiffs seek certification of smaller class sizes in two states
Class Action Alert
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November 4, 2011
SEC staff issues guidance regarding cybersecurity risks
Securities Law Alert
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October 28, 2011
SEC reverses position regarding proof of ownership for shareholder proposals
Securities Law Alert
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October 21, 2011
Second Circuit clarifies standards for "stock drop" cases
ERISA Fiduciary Law Alert
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October 21, 2011
Adding Insult to Injury: Investors in Madoff Feeder Funds Are Targets For Claw Back Suits
October 15, 2011
Madoff feeder fund suffers defeat in effort to claw back investor redemptions
Alternative Investment Litigation Alert
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October 13, 2011
The Role of Motive and Intent in Franchise Terminations
September 29, 2011
First Circuit Reverses Order Reducing Damages Award in Music File-sharing Copyright Infringement Case; Avoids Constitutional Questions
Intellectual Property Alert
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September 26, 2011
SEC decides not to appeal proxy access decision
Securities Law Alert
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September 13, 2011
Ripe for Review: Employment Law Cases and Issues That May Draw the United States Supreme Court's Attention During the Upcoming Term
August 29, 2011
Winning in the Court of Public Opinion: Brand Protection in High Exposure Litigation
August 12, 2011
Webinar Recording: How to Protect Your Company When You Can’t Hear the Whistle Blowing
June 27, 2011
Supreme Court raises the bar for class certification in landmark sex discrimination decision
Class Action Alert
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June 21, 2011
Class actions "a la française": a sea snake!
Class Action Alert
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June 17, 2011
Supreme Court narrows the scope of persons who can be directly liable under Rule 10b-5 for “making” untrue statements of material fact
Securities Litigation Alert
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June 17, 2011
Supreme Court rejects Fifth Circuit's requirement that securities fraud plaintiffs prove loss causation at the class certification stage
Class Action Alert
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June 8, 2011
SEC adopts final whistleblower rules: implications for internal compliance, governance and employment policies
Securities Law Alert
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May 27, 2011
How Franchise Companies Avoid Class Action Cases
May 27, 2011
Practical tips for meeting with credit rating agencies after Dodd-Frank
Securities Law Alert
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May 23, 2011
U.S. Supreme Court upholds class action waivers in consumer contracts: AT&T Mobility v. Concepcion
Class Action Alert
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April 27, 2011
SEC proposes compensation committee independence and compensation consultant rules
Securities Law Alert
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April 8, 2011
U.S. Supreme Court declines to adopt bright-line rule that adverse drug reaction reports are not material unless they are statistically significant
Securities Litigation Alert
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March 28, 2011
Precise Compliance With Notice Provisions Essential for Franchisors
March 25, 2011
Insurers' class action claims against drugmaker rejected by appeals court
Class Action Alert
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March 17, 2011
Delaware Court of Chancery upholds use of poison pill by Airgas board
Securities Law Alert
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March 2, 2011
SEC adopts Say-on-Pay rules
Securities Law Alert
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February 4, 2011
SEC proposes changes to accredited investor standards
Securities Law Alert
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January 28, 2011
Avoiding Threats to Your Brand in the Age of New Media
January 28, 2011
Food Safety Legislation Signed Into Law
Food Safety and Litigation Alert
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January 6, 2011
Offshore Hedge Fund Disputes: We’re Not in New York Anymore
November 8, 2010
Regulation FD enforcement: company executives charged for implied messages
Securities Law Alert
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November 5, 2010
SEC proposes Say-on-Pay rules
Securities Law Alert
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October 29, 2010
New York Court of Appeals affirms in pari delicto doctrine to prevent lawsuits against outside advisors
Banking and Financial Services Litigation Alert
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October 27, 2010
New York class actions: settlement objectors are not entitled to attorneys' fees
Class Action Alert
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October 27, 2010
Regulation FD—SEC adopts amendment eliminating exemption for disclosures to credit rating agencies
Securities Law Alert
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September 30, 2010
SEC adopts shareholder proxy access rules
Securities Law Alert
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August 31, 2010
CPSC Marks First Anniversary of CPSIA with Heightened Standards and Increased Enforcement Power
August 24, 2010
Constitutional Limits on Punitive Damages after Exxon Shipping Co. v. Baker
August 16, 2010
DOL issues final regulation mandating retirement plan fee disclosure
ERISA Fiduciary Alert
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July 28, 2010
Dodd-Frank Act alters preemption rules for national banks and federal thrifts
Banking and Financial Services Litigation Alert
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July 28, 2010
The Dodd-Frank Act executive compensation and corporate governance reforms
Securities Law Alert
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July 23, 2010
Fiduciaries breached duty of prudence by investing in retail share classes
ERISA Fiduciary Alert
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July 20, 2010
Webinar Recording: Document Retention and Destruction: Issues for Franchisor
July 9, 2010
‘Inevitable disclosure’ takes a hit in N.H.
July 8, 2010
Second Circuit holds that retirees’ state law claims against investment advisor are preempted by federal law
Securities Litigation Alert
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July 1, 2010
Supreme Court Adopts ‘Arm’s-Length’ Standard for Assessing Adviser Compensation Claims under the Investment Company Act of 1940
June 1, 2010
. . . Hide Thought Leadership. . .
PressMiddlesex Massachusetts District Attorney Gerry Leone to Join Nixon Peabody LLP March 19, 2013 Chambers Recognizes Leading Nixon Peabody Attorneys and Practices March 14, 2013 . . . View all . . .
Nixon Peabody Elects 13 Attorneys to Partnership
January 14, 2013
Nixon Peabody Secures Unanimous Jury Verdict for Aviation Clients
December 3, 2012
Nixon Peabody LLP Successfully Wins Four-Year Legal Battle over JUA Funds for More Than 6,000 New Hampshire Health Care Providers
November 14, 2012
U.S. News & World Report and Best Lawyers Names Nixon Peabody a “Best Law Firm” and “Law Firm of the Year”
November 1, 2012
Nixon Peabody Litigation and Trial Capabilities Recognized
October 24, 2012
New Hampshire Hospital Retains Nixon Peabody for High-Profile Litigation
October 15, 2012
Nixon Peabody Makes Honor Roll as One of the "Most Feared Law Firms" for Litigation
September 14, 2012
Nixon Peabody Attorneys Earn Top Recognition From Best Lawyers
September 14, 2012
U.S. District Court Confirms Thyssen-Bornemisza Collection Foundation of Spain as Owner of Artwork
June 28, 2012
Nixon Peabody Advises Sun World International in Labor Relations Case of First Impression
May 7, 2012
Nixon Peabody Expands Presence in China Forming Strategic Alliance with Hylands Law Firm
March 13, 2012
Nixon Peabody Attorney Tapped to Join New York Commercial Litigation Task Force
February 24, 2012
Experienced Government Contracts Attorney Joins Nixon Peabody
February 23, 2012
Ninth Circuit Affirms Dismissal of Lawsuit Alleging Drug Pricing Inflation
February 17, 2012
Nixon Peabody Secures Precedent-Setting Victory for Defrauded Investors in Ponzi Scheme
November 4, 2011
Nixon Peabody Attorneys Offer Guidelines for E-Discovery
November 4, 2011
Nixon Peabody Recognized As a "Best Law Firm"
November 1, 2011
Nixon Peabody Litigation Attorneys Receive High Marks
October 18, 2011
Nixon Peabody Litigators Published in Comprehensive Guide to the Appellate Process
October 6, 2011
Nixon Peabody IP Litigator Coauthors Guide on Developing & Critiquing Trademark Surveys
October 6, 2011
District Court Orders Proceedings Stopped in De Csepel Case
September 29, 2011
Nixon Peabody Expands West Coast Government Investigations and White Collar Practice
September 14, 2011
U.S. Court of Appeals Affirms District Court Decision in Favor of Signature Flight Support Corporation; Nixon Peabody LLP Represented Signature in Key Legal Victory
August 9, 2011
Jury Delivers Multimillion-Dollar Award for Vietnam Telecom International; Nixon Peabody LLP Represented VTI in Six-Week Trial
July 12, 2011
Chambers Gives High Marks to Nixon Peabody LLP; 47 Attorneys Recognized As Leaders
June 20, 2011
Nixon Peabody Names New Leadership for Media, Entertainment, and Communication Team; Parisian Partner Arnaud de Senilhes Will Lead Group of Attorneys
May 10, 2011
Nixon Peabody Successfully Defends Pest Control Company in Class Certification Motion
March 16, 2011
Nixon Peabody Taps New Intellectual Property Leaders; Experienced IP Partners to Lead Litigation and Patents-Focused Practice
March 15, 2011
Nixon Peabody Names Leader for Commercial Litigation Practice; W. Scott O’Connell Will Lead More Than 100 Litigation Attorneys Across Diverse Industries
March 9, 2011
Nixon Peabody Expands Government Investigations and White Collar Crime Practice in New York; Alex Lipman is Former SEC Senior Counsel and Branch Chief
February 8, 2011
Court Reaches Favorable Conclusion for Nixon Peabody Client LaserMax in Patent Infringement Litigation
February 7, 2011
Nixon Peabody Elects 12 Attorneys to Partnership; Female Partners Make Up More than 40% of 2011 Class
February 1, 2011
Nixon Peabody Partner Authors Third Edition of ‘New Hampshire Practice’ Treatise
December 8, 2010
Nixon Peabody Expands Its Mortgage Finance and Foreclosure Team; Cross-office, Cross-practice Team Addresses Evolving Client Needs
October 22, 2010
Nixon Peabody Partner to Co-Chair ABA Criminal Litigation Committee; Washington, DC, Attorney Grayson Yeargin Assumes New Leadership Position
September 24, 2010
Nixon Peabody Recognized as a “Best Law Firm”; Firm’s Experience and Excellence Honored Locally and Nationally
September 23, 2010
Nixon Peabody Announces Leadership of Trademark Prosecution Practice; Washington, DC, Partner David May to Lead Group
August 25, 2010
Nixon Peabody Secures Favorable Judgments for School of Rock; Music Education Franchise Wins Two Recent Court Decisions
August 17, 2010
Nixon Peabody Secures Win for Upstate NY Counties in Oneida Indian Land Claim
August 10, 2010
Nixon Peabody Partner Named to State Franchise & Distribution Advisory Commission; Robert Ebe to Oversee Law Specialist Certification Program
August 5, 2010
Nixon Peabody Buffalo Partner Named to Board of Directors of Worldwide Defense Counsel Organization
July 22, 2010
Nixon Peabody Secures Client Victory Challenging the Use of the U.S. Government’s Patriot Act
July 19, 2010
National Law Journal Recognizes Laura Ariane Miller; Named one of "Washington's Most Influential Women Lawyers"
June 28, 2010
Chambers USA Gives High Marks to Nixon Peabody LLP; 17 Practices and 49 Attorneys Recognized as Leaders
June 11, 2010
Nixon Peabody Names New Leader of Litigation Department; Fred A. Kelly, Jr., Will Lead 300+ Attorneys
May 28, 2010
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Media Clips- Law Journal Names 2013 Rising Stars
New York Law Journal | April 22, 2013
Buffalo commercial litigation partner Sheldon Smith is among the attorneys under the age of 40 named to the publication’s annual “Rising Stars” class. The program honors accomplished attorneys who are top contributors to the practice of law and their communities. - Export Controls Reform Has Arrived
Law360 | April 22, 2013
Washington, DC government investigations & white collar defense partner Grayson Yeargin and associate Lindsey Nelson, global business & transactions associate Alexandra Lopez-Casero and private equity & investment funds associate Nick Rosenberg co-authored this column discussing the new rules and regulations implementing the multiyear Export Control Reform Initiative. - Excellence in Law
Daily Record | April 18, 2013
Rochester office managing partner and commercial litigation partner Carolyn Nussbaum is among the “Top Women in Law” as recognized by the Daily Record as part of its annual “Excellence in Law” program. . . . View all . . .
EventsNixon Peabody's Semi-Annual CLE Program: Buffalo and Rochester May 30, 2013 Fund Disputes on the Rise—Emerging Trends & Practical Solutions April 24, 2013 | New York, NY Annual Rhode Island CLE Seminar March 19, 2013 | Providence, RI . . . View all . . .
Webinar: Shedding Light on the Sunshine Act Final Rule: Implications for Health Care Providers
February 13, 2013
American Conference Institute's 15th National Conference on Consumer Finance Class Actions & Litigation
January 31, 2013
| New York, NY
Webinar: The First Amendment and Off-Label Promotion: Understanding the Implications of U.S. v. Caronia
December 5, 2012
Nixon Peabody's New York CLE Program
December 5, 2012
| New York, NY
How Top In-House Law Departments and Firm Experts Manage the Challenges of E-Discovery
December 3, 2012
| Boston, MA
Real Life Fouls and Penalties: Considerations, issues, and strategies for business owners given the recent and significant increase of whistleblower activity
December 3, 2012
| Jericho, NY
Devices and Mobile Technology: A New Challenge for Maintaining Data Privacy and Security
October 10, 2012
| Rochester, NY
Asset Backed Securities: Financial Genius or the New Alchemy?
August 8, 2012
| Boston, MA
Webinar: Important Trends in Electronic Discovery
August 2, 2012
Nixon Peabody's Semi-Annual CLE Program (Buffalo and Rochester)
June 7, 2012
| Buffalo, NY
AIA, Damages, Ethics, Oh My! Hot Topics in IP
May 23, 2012
| Chicago, IL
Doing Business in China and Rhode Island CLE Seminar | Warwick, RI
May 16, 2012
Webinar: How to Keep Trade Secrets from Walking Out the Door
May 1, 2012
Webinar: Can employers catch a break and rest after Brinker?
April 17, 2012
Drafting and Enforcing Noncompetition Agreements and Steps to Take When Key Employees Leave
March 8, 2012
| Rochester, NY
Responding to Government Investigations: Legal and Ethical Considerations
January 24, 2012
Emergency Preparedness—How Ready Are You?
November 10, 2011
| Albany, NY
Webinar: Adding Insult to Injury: Investors in Madoff Feeder Funds Are Still Targets for Litigation
November 3, 2011
Disputes at Private Equity-Owned Portfolio Companies: How to Preserve Value & Manage Risks (Hot Topics for Middle Market Companies)
April 12, 2011
Alternative Investing Summit
December 5, 2010
Rochester CLE Program
November 19, 2010
Webinar: Document Retention and Destruction: Issues for Franchisors
July 7, 2010
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