Leah Threatte Bojnowski

What do you focus on?

I focus on commercial disputes involving the laws regulating securities and financial markets. Recently, I handled litigation involving the proper valuation of a leveraged leasing contract and a dispute between several financial institutions as to the proper calculation of a related contingent payment.

I have handled several class actions, defending issuers and underwriters in shareholder suits, product manufacturers facing claims of false advertising, and insurers in connection with claims relating to asbestos and lead paint. I have also defended retailers and financial institutions in class actions and individual lawsuits brought under the Fair Credit Reporting Act and Telephone Consumer Protection Act (TCPA).

I have handled unemployment hearings, as well as litigation under the ADA, Section 1981 and the New York Human Rights Law, and disputes with employees and/or independent contractors before the state department of labor.

I also counsel clients on issues of false advertising, especially in the context of marketing through social media. I help clients set up guidelines for live Twitter chats, interact with media influencers for exposure on popular blogs, and generate traffic on Facebook in order to promote their products. In addition, I advise manufacturers and distributors of consumer products, including food, beverage and cosmetics companies, on labeling and safety requirements as well as advertising guidelines.

I am technology-savvy and have a great deal of experience managing electronic discovery and data retrieval in complex litigation. Using new and cutting-edge tools allows me to help clients control the costs associated with e-discovery.

What do you see on the horizon?

As our digital footprints continue to grow beyond the use of e-mail, the potential costs of electronic discovery loom higher and higher. I follow the developing trends in this field in order to advise clients on best practices for business communication as well as conducting electronic discovery with a manageable, realistic plan.

Publications

• “Ninth Circuit rules that gym’s unwanted texts are a concrete injury, but dismisses TCPA class action because plaintiff consented,” Class Action Alert, 02.17.17
• “Third Circuit holds liability for sending junk faxes not covered by insurance,” Class Action Alert, 10.18.16
• “Preventative care calling: Rite Aid defends its flu shot reminder calls,” Class Action Alert, 07.15.16
• “7th Circuit holds that agency principles apply to junk-fax cases,” Class Action Alert, 03.30.16
• “Two big victories in the Ninth Circuit for TCPA class action defendants,” Class Action Alert, 02.05.16
• “We'll hold you to that: U.S. Supreme Court in Omnicare rules that even pure opinions can create strict Securities Act liability for some omissions,” Securities Litigation Alert, 03.25.15