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Litigation



We are laser-focused on our clients’ business interests and objectives working as a partner to develop and execute tailored strategies closely aligned with their business objectives. We secure solutions—whether in or out of court—to keep the business moving forward.

Our approach

Litigation typically accounts for the largest part of a company’s legal spend. We never lose sight of the disruption and cost of these disputes to our clients. We control cost without compromise, collaborating with clients throughout to ensure that legal and business decisions are compatible—from early case evaluation to strategy development, budgeting and, if required, to trial.

Trial should be a last resort. We make aggressive use of early case assessment, evaluating all options including mediation, arbitration, settlement and trial to provide the most efficient and effective means possible for our clients to reach a positive outcome.

When trial is the best course of action, we assess the risk, develop a strategy, pursue aggressively and focus on a winning result.

Our winning record in cases tried to verdict or judgment is exceptional, and our record of resolving cases by dispositive motion, thus avoiding unnecessary litigation in the early stages is likewise outstanding. We are also adept at negotiating settlements and working collaboratively with other defense counsel in multiparty cases.

We regularly serve as national counsel, co-national counsel and regional counsel representing clients in federal and state courts, the U.S. Supreme Court and the U.S. Courts of Appeals.

Legal Risks of Using Automated Drones in Construction

Engineering News-Record (ENR) | April 27, 2017

San Francisco commercial litigation partner Matt Richards and associate Aldo Ibarra contributed this article about legal risks construction companies should consider as automated drone technology becomes more widely used in the industry. Click here to read the full article.

Column: Real news matters; fake news fails us

Democrat and Chronicle | March 03, 2017

Rochester commercial litigation partner Christopher Thomas is quoted in this column about media attacks from the Trump administration and the importance of the First Amendment.

Lahey Clinic embroiled in Bermuda’s ongoing political tumult

Boston Globe | February 15, 2017

This article is about a federal lawsuit filed by the government of Bermuda alleging civil racketeering charges against Massachusetts-based Lahey Clinic.  Boston government investigations and white collar defense partner Brian Kelly provides third party commentary on the unusual case.

Aging coal-fired power plants in the Trump era

Law360 | February 10, 2017

San Francisco financial restructuring and bankruptcy partner Lou Cisz and commercial litigation associate Karl Sung co-authored this article about the future of the coal industry under the Trump administration.

Meet the judge who will hear the Boston legal challenge of Trump’s ban

Boston Globe | February 03, 2017

This article focuses on the judge who will hear Boston’s challenge of the Trump administration’s recent executive order regarding the immigration ban. Boston government investigations and white collar defense partner Brian Kelly is quoted discussing Judge Gorton’s judicial style.

Hart-Scott-Rodino considerations for 2017

Law360 | February 02, 2017

Washington, DC commercial litigation partner Alycia Ziarno and associate Brian Whittaker co-authored this column about the Hart-Scott-Rodino act and what companies and investors should consider in 2017.

Fire Safety Co. reaches $5M settlement for gov't FCA claims

Law360 | January 27, 2017

This article highlights a recent action by the U.S. government who filed a $5M settlement agreement in a False Claims Act case involving Monaco Enterprises. The settlement does not require the company to admit any wrongdoing. Chicago commercial litigation partner John Ruskusky and government investigations and white collar defense partner Dean Polales are listed as representing the defendant.

GSK says no basis for fraud claims in Zofran MDL

Law360 | January 27, 2017

Boston government investigations and white collar defense partner Mark Seltzer and commercial litigation associate Josh Barlow are noted as representing GlaxoSmithKline (GSK) in this article about recent developments in a multidistrict litigation (MDL) about GSK’s anti-nausea drug Zofran.

Hospital's comments to FDA granted absolute privilege

The New York Law Journal | January 18, 2017

This article highlights a recent ruling from a New York appeals court regarding a defamation claim in a lawsuit filed by a research scientist who was fired by the former New York Downtown Hospital, now New York-Presbyterian. Long Island commercial litigation counsel Christopher Porzio is noted as representing the defendants in the lawsuit.

Civil lawsuits could benefit from a second opinion

Rochester Business Journal | December 09, 2016

Rochester commercial litigation partner Christopher Thomas is quoted throughout this article exploring if and when businesses should seek a second legal opinion.

FedEx Ground must face NY drivers' misclassification suit

Law360 | December 07, 2016

Buffalo commercial litigation partner Susan Roney is noted as representing FedEx in a class action lawsuit involving the classification of independent contractors. 

$30 Million Nazi-looted Camille Pissarro comes to a head in appeals court

ArtNews Net | December 06, 2016

The following articles highlight yesterday’s oral arguments in the Ninth Circuit Court of Appeals over the ownership of a Camille Pissarro painting. Los Angeles commercial litigation partner and head of the firm’s Art and Cultural Institutions team Thaddeus Stauber, commercial litigation partner Sarah André and associate Jessica Walker are counsel for The Thyssen-Bornemisza Collection Foundation.

Quest for Nazi-plundered art returns to 9th Circ.

Law360 | December 06, 2016

The following articles highlight yesterday’s oral arguments in the Ninth Circuit Court of Appeals over the ownership of a Camille Pissarro painting.  Los Angeles commercial litigation partner and head of the firm’s Art and Cultural Institutions team Thaddeus Stauber, commercial litigation partner Sarah André and associate Jessica Walker are counsel for The Thyssen-Bornemisza Collection Foundation.

J&J asks 1st Circ. to halt hip implant FCA suit

Law360 | December 06, 2016

Boston government investigations and white collar defense partners Mark Seltzer and Danielle Pelot and associate Hannah Bornstein are listed as counsel representing Johnson & Johnson and its subsidiary DePuy in a First Circuit case. This article notes their argument to uphold the dismissal of a False Claims Act lawsuit.

Breville USA alleges patentable juicer design was used without authority

Northern California Record | December 06, 2016

San Francisco commercial litigation partner Bruce Copeland and associate Shady Joulani are noted as Breville USA Inc.’s counsel in a patent infringement case before the Northern District of California.

Will ascertainability split finally be resolved?

Product Liability Law & Strategy | December 01, 2016

Buffalo commercial litigation partner Vivian Quinn and associate Tracey Scarpello co-authored this piece about how the federal appeals court has been divided over the significance and scope of the ascertainability requirement in litigation involving low-cost consumer goods.

CPSC's rare 10th Circ. loss gives boost to magnet industry

Law360 | November 29, 2016

This story is about a Tenth Circuit decision to vacate the Consumer Product Safety Commission’s (CPSC) ruling on small, high-powered magnets.  Long Island commercial litigation partner Jim Weller is quoted discussing how challenging it can be for a company to take on a high-powered government agency.

Cooper Levenson, client ditch NJ racketeering claims

Law360 | November 28, 2016

The article covers recent developments in a case involving a New Jersey company’s lawsuit against Cummins Inc., a backup generator provider.  Boston commercial litigation partner Kurt Mullen is noted as representing Cummins in the lawsuit.

Kochs and other Madoff investors are winners in fight over profits held abroad

The New York Times | November 22, 2016

Boston partner and co-leader of the commercial litigation practice Jon Sablone is quoted in this article about a recent ruling in federal bankruptcy court in favor of Madoff fund investors.

3rd Circ. could clarify preemption in shipping antitrust suit

Law360 | November 17, 2016

Los Angeles M&A and Corporate Transactions partner Bob Yoshitomi and Washington DC M&A and Corporate Transactions counsel Eric Jeffrey are noted as representing the defendants in a matter being considered today by the Third Circuit as to whether international ocean shipping companies are liable in a lawsuit brought by purchasers who accuse these companies of price fixing for vehicle transport.

When starting a business, consider the liabilities

The New York Times | November 17, 2016

Long Island Health Care partner Allan Cohen is quoted in this article about legal challenges entrepreneurs can face when starting a business. Allan’s comments focus on areas start-ups should keep in mind such as patent, ownership and copyright issues, and what companies should consider to avoid being sued.

Federal prosecutors launch probe of law firm over donations

The Boston Globe | November 16, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article about the opening of a grand jury investigation of a Massachusetts law firm for its contributions to political candidates.

Top women in the law

New York Law Journal | November 14, 2016

Rochester commercial litigation partner and office managing partner Carolyn Nussbaum is profiled in this article as a result of her recent “Top Women in the Law” recognition.

Judge will hear GSK's arguments to dismiss Zofran MDL

Law360 | November 11, 2016

This story covers a recent decision by a Boston federal judge to hear GlaxoSmithKline’s (GSK) arguments to discuss some cases and claims from its multidistrict litigation focused on the anti-nausea medication Zofran.  Boston Government Investigations & White Collar Defense partner Mark Seltzer and Commercial Litigation associate Josh Barlow are noted as representing GSK.

Future of Dodd-Frank uncertain under Trump

Law360 | November 11, 2016

This piece focuses on the changes we may see in the financial industry in a Trump administration. Rochester commercial litigation partner and office managing partner Carolyn Nussbaum provides commentary throughout the article discussing the likely impact on the Consumer Financial Protection Bureau and the Volcker Rule.

Why even insured businesses should beware TCPA violations

Law360 | November 08, 2016

Albany commercial litigation associate Leah Bojnowski authored this column about how the Third Circuit recently held that a business’s commercial general liability insurance policy does not cover a TCPA settlement and the implications this has for business owners.

Japanese bank's MBS suit against JP Morgan revived

New York Law Journal | November 07, 2016

Rochester commercial litigation partner and office managing partner Carolyn Nussbaum is included as counsel representing Harding Advisory LLC in a case about allegations of fraud connected to collateralized debt obligations.

Credit Suisse, UBS beat lender's CDO fraud suits on appeal

Law360 | November 03, 2016

Rochester commercial litigation partner and office managing partner Carolyn Nussbaum is included as counsel representing Harding Advisory LLC in a case about allegations of fraud connected to collateralized debt obligations.

Mass. justices reverse bank's win against insurance fund

Law360 | November 03, 2016

Boston Commercial Litigation partners Greg Deschenes and Kurt Mullen, and Boston Government Investigations & White Collar Defense associate Charles Dell'Anno are mentioned as counsel successfully representing the Massachusetts Insurers Insolvency Fund in this article about a Massachusetts Supreme Judicial Court decision regarding whether the fund can recover workers’ compensation claims.

More calls for a probe of Thornton law firm’s political donations

The Boston Globe | November 02, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in regarding his representation of a Massachusetts law firm and its contributions to political candidates.

When employers are liable for nonemployee conduct

Law360 | November 01, 2016

Chicago Commercial Litigation associate Laura Bacon and Chicago Labor & Employment associate Brittany Bogaerts co-authored this column about how the conduct of nonemployees in the work place could present employers with potential liability.

Forensic examination of digital devices in civil litigation: The legal, ethical and technical traps

The Professional Lawyer | November 01, 2016

Rochester commercial litigation partner David Tennant coauthored this article that provides tips for lawyers and forensic investigators to consider when extracting electronically stored information from digital devices. It also addresses areas of ambiguity in the law and provides suggestions for managing legal and ethical risks.

Spotlight: Law firm ‘bonuses’ tied to political donations

Boston Globe | October 29, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is included in this article about a high-profile client matter involving a Massachusetts law firm and its political contributions.

Business spotlight: Nixon Peabody

Democrat & Chronicle | October 22, 2016

Rochester commercial litigation partner and office managing partner Carolyn Nussbaum is quoted throughout this profile piece about Nixon Peabody’s Rochester office and the work the firm has done in the Rochester area and beyond.

NCAA accuses Louisville, Pitino of violations in escort case

USA Today | October 21, 2016

Chicago Commercial Litigation partner Steve Thompson was mentioned in dozens of articles following the announcement about the NCAA’s notice of allegations regarding violations in the University of Louisville’s Men’s Basketball Program.  Steve, who represents the university, participated in a press conference about this news.

Cannava Fighting SEC's Effort to Put Him Back in 38 Studios Suit

The Bond Buyer | October 03, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted throughout this piece that follows the ongoing developments in the fight between Peter Cannava and the Securities and Exchange Commission. Boston commercial litigation partner Steve LaRose and associate Kathleen Ceglarski Burns are also part of the legal team representing Cannava.

7th Circ. Agrees With FTC That Size Doesn’t Matter

Law360 | September 28, 2016

San Francisco commercial litigation partner John Foote authored this column about the Seventh Circuit Court of Appeals’ recent reversal of a decision regarding discrimination with respect to retail package sizes.

Supreme Court’s Short-handedness Limits its Functioning

Rochester Business Journal | September 23, 2016

Rochester partners Jeremy Wolk and David Tennant authored this column discussing the impact of the vacant seat on the U.S. Supreme Court.

Top Women in Law 2016

New York Law Journal | September 16, 2016

Rochester office managing partner Carolyn Nussbaum, nominated by the Women’s Bar Association of the State of New York, was selected by New York Law Journal among the 2016 “Top Women in Law.” The list shines a light on the outstanding work and notable achievements of female attorneys across New York State.

Proposed Class Action Data Breach Suit Against Health Insurer Quashed for Lack of Sufficient Injury

Privacy & Cybersecurity Report | September 01, 2016

Government investigations and white collar defense partner Tina Sciocchetti and commercial litigation associate Michal Ovadia co-authored this column that discusses a federal district court’s dismissal of a putative class action filed on the heels of the health insurer’s disclosure of a data breach involving approximately 1.1 million plan members.

Texas Utility Energy Future Pushes Bankruptcy Exit Plan in Trial

Reuters | August 17, 2016

This article focuses on Energy Future Holdings Corp, Texas’s biggest power company, request of a US bankruptcy court to allow the bulk of its operations to exit Chapter 11. The coverage notes that Energy Future faces stiff opposition from a group of creditors—including NP client American Stock Transfer & Trust Co. LLC—about how tax assets would be used in the power giant’s proposed spinoff of its major operating unit as the company kicked off the first half of its second attempt to exit bankruptcy. Boston financial restructuring and bankruptcy partner Rick Pedone is quoted and Boston global finance partner Amanda Darwin, Boston commercial litigation partner George Skelly, and New York City financial restructuring and bankruptcy associate Christopher Fong are listed among American Stock’s counsel.

DC Circ. Ruling Apt To Tilt DOI's Land-Into-Trust Tactics

Law360 | August 15, 2016

This article focuses on the Department of Interior’s interpretation of the Indian Reorganization Act (IRA). Rochester commercial litigation partner David Tennant is quoted noting his recent case in Taunton, Massachusetts, and how he believes the DC Circuit misread the IRA in its decision in a separate case.

Cayman Court Clarifies Investor Rights in Liquidation

Law360 | August 12, 2016

Boston commercial litigation partner Jonathan Sablone and associate Kathleen Ceglarski Burns wrote this article about a recent decision in the Cayman Islands Court of Appeals confirming that shareholders who have redeemed their shares, but who have not received the redemption proceeds, have claims against the liquidating company as creditors, ranking behind ordinary unsecured creditors but ahead of continuing shareholders.

Why a Judge Dismissed Cannava From SEC's 38 Studios Case

The Bond Buyer | August 05, 2016

This coverage notes Nixon Peabody’s recent win on behalf of client Peter Cannava, involving SEC claims related to a bond offer involving former MLB pitcher Curt Schilling. Boston partners Brian Kelly and Steve LaRose, Providence counsel Charles Tamuleviz and Boston associate Kathleen Ceglarski Burns are listed as the litigation team, and Brian Kelly is quoted.

Probation is backed for ex-FBI official who lied at Bulger trial

The Boston Globe | July 30, 2016

Boston Government Investigations & White Collar Defense group partner Brian Kelly is quoted in this article about former FBI supervisor Robert Fitzpatrick, who faces sentencing this week for lying on the stand at James “Whitey” Bulger’s murder trial.

Planet Fitness Member Contract Class Action Trimmed In NJ

Law360 | July 30, 2016

New York City partner Craig Tractenberg, Boston partner Arthur Pressman, Manchester partner Dan Deane and Boston associate Morgan Nighan are mentioned as representing Planet Fitness in a case about its membership agreements with regard to state consumer protection laws.

Product Liability Regulation & Legislation: Midyear Report

Law360 | July 30, 2016

Buffalo commercial litigation associate Tracey Scarpello is quoted in this piece discussing FDA labeling with regard to nutritional facts and regulations under the Food Safety Modernization Act.

Mass. Casino Opponents Come Up Winner In Trust Land Fight

Law360 | July 29, 2016

This article highlights a favorable federal court ruling for a firm client in a case involving a proposed casino in Massachusetts.  Rochester commercial litigation partner David Tennant and Boston labor and employment associate Matt Frankel represented residents of the town of Taunton who challenged the construction of the Mashpee Wampanoag Tribe’s planned casino.

4 Issues Tribal Advocates Want The Supreme Court To Avoid

Law360 | July 29, 2016

Rochester commercial litigation partner David Tennant is quoted in this article which covers four key questions attorneys for Native American tribes are leery of the high court tackling.

Trial Pros: Nixon Peabody's Joseph Ortego

Law360 | July 25, 2016

New York City partner, co-leader of the commercial litigation practice and chair of NP Trial® Joe Ortego is featured in this Q&A regarding his career and how he prepares for trial.

Materiality Matters: The First Post-Escobar Decisions

Law360 | July 19, 2016

Chicago partner John Ruskusky and Washington, DC, associate Emily Harlan co-authored this column regarding expected changes for False Claims Act cases and investigations in the aftermath of the decision in Universal Health Services Inc. v. United States ex rel. Escobar.

Groundbreaking False Claims Act Decision: Unanimous Supreme Court Upholds ‘Implied False Certification' Theory Under Certain Circumstances

Westlaw Journal Government Contract | July 18, 2016

This column discussing an important United States Supreme Court decision regarding False Claims Act liability was co-authored by Boston partners Brian French and Fred Kelly, Boston associates Hannah Bornstein and Sydney Pritchett, and Washington, DC, associate Emily Harlan.

A Quick Word with…Armando Batastini

Rhode Island Lawyers Weekly | July 18, 2016

Providence commercial litigation partner Armando Batastini is profiled in this feature article as the new Rhode Island Bar Association president. The story notes his goals to enhance pro bono and online lawyer referrals, in addition to other hopes for his term.

Clinton and Trump and Robocalls, Oh My

Bloomberg Law | July 15, 2016

This feature story looks what political campaigns should know about robocalls. Boston IP litigation associate and TCPA practice co-leader Troy Lieberman discusses the apparent lack of FCC enforcement actions against political campaigns.

Life Sciences Cases to Watch in the 2nd Half of 2016

Law360 | July 13, 2016

Boston Government Investigations & White Collar Defense partner Brian French, a member of the Life Sciences team, is quoted in this story looking at important cases the industry is monitoring for the remainder of the calendar year. Brian is quoted discussing False Claims Act matters.

Judge promises quick decision on challenge to Taunton casino

Boston Globe | July 12, 2016

This article provides updates on the legal battle over the Mashpee Wampanoag tribe’s plan to build a $1 billion casino in Taunton, MA, a city located 40 miles from Boston. Partner David Tennant and associate Matt Frankel are representing the group of Taunton property owners.

Attys React to Supreme Court's Abortion Ruling

Law360 | June 27, 2016

New York City commercial litigation associate Danielle McLaughlin provides commentary on the significance of the U.S. Supreme Court decision striking down a Texas law regulating abortion doctors and clinics.

Junk Fax Class Certification Exposes Federal Consent Disparity

Bloomberg BNA Privacy Law Watch | June 24, 2016

TCPA team co-leader and Boston IP litigation associate Troy Lieberman is featured in this story that looks at a recent federal court class certification that highlights the struggle companies may go through to defend Telephone Consumer Protection Act (TCPA) claims that they didn’t get consent before sending faxes.

Takeaways From High Court's Hobbs Act Extortion Ruling

Law360 | June 14, 2016

Boston government investigations and white collar defense partner Brian Kelly and Washington, DC, government investigations and white collar defense associate Emily Harlan contributed this article about the Supreme Court’s recent ruling that a public official can be convicted of conspiring to commit extortion even when co-conspirators willingly furnish the money and/or property.

Robotext Class Defendants May Benefit from Multi-District Consolidation Approach

Bloomberg BNA Privacy Law Watch | June 14, 2016

TCPA team co-leader and Boston IP litigation associate Troy Lieberman is quoted in this piece discussing considerations companies should address when facing multiple Telephone Consumer Protection Act class actions.

Court Says Judges Must Recuse in Cases They Once Prosecuted

The National Law Journal | June 13, 2016

New York City commercial litigation associate Danielle McLaughlin provides commentary in this article about the Supreme Court’s recent ruling requiring judicial bias and recusal.

Recognitions

New York Law Journal | June 02, 2016

This column notes that New York City partner and commercial litigation practice group co-leader Joe Ortego was elected president-elect of the New York chapter of the American Board of Trial Advocates.

Ransomware is Rampant & Your Risk Analysis Might Save You

Health Information Compliance Alert | June 01, 2016

Providence commercial litigation counsel Steven Richard is quoted in this article focused on the results of a new study highlighting a new trend toward specialized data breach insurance policies.

Trial Pros: Nixon Peabody's Michael Philippi

Law360 | May 31, 2016

Chicago commercial litigation partner Mike Philippi is featured as the latest “Trial Pro” in this Law360 Q&A series.

The Risk of Data Misuse by Health Care Co. Employees

Law360 | May 25, 2016

Government Investigations & White Collar Defense partner Tina Sciocchetti, health care partner Laurie Cohen and commercial litigation associate Michal Ovadia co-authored this column discussing the risks companies that collect or maintain sensitive personal information face when a rogue employee compromises data security.

Investor filed only one state tax return in past 25 years

The Boston Globe | May 17, 2016

Government Investigations & White Collar Defense counsel Chuck Tamuleviz, a former federal prosecutor, is quoted in this article about a real estate investor, developer and contractor’s failure to file taxes.

The dealmaker behind the San Francisco Museum of Modern Art and Fisher Family partnership

Art Daily | May 16, 2016

This article features Nixon Peabody’s role as deal counsel and advisor to San Francisco Museum of Modern Art (SFMOMA) and the Fisher Family to create a first-of-its-kind collaboration between a museum and a collection. Los Angeles partner and Arts & Cultural Institutions leader Thad Stauber led the NP team in this unprecedented agreement with support from Washington, DC, partner Mike Cooney and Los Angeles partner Matt Grazier. SFMOMA opened to the public on May 14, featuring an expansive new addition displaying hundreds of pieces of postwar and contemporary art work from the Fisher Family.

A price on their heads: U.S. DOJ targets execs

New Hampshire Business Review | May 13, 2016

Partner and Government Investigations & White Collar Defense practice group leader Dave Vicinanzo authored this column about the “Yates Memorandum” that revises the Department of Justice’s policy that targets individual employees and executives in investigations, prosecutions and resolutions of corporate wrongdoing.

Is the SEC Making Cannava a Scapegoat In 38 Studios Case?

The Bond Buyer | May 11, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article discussing the memorandum of law in support of Peter Cannava’s motion to dismiss the SEC’s complaint against him.

North Carolina's bathroom law: Where does it go now?

CNN | May 11, 2016

New York City associate Danielle McLaughlin is quoted throughout this article about what will happen next with North Carolina’s bathroom law following the federal lawsuits.

Will we see LDC criminals sentenced?

Democrat and Chronicle | May 03, 2016

Rochester commercial litigation partner Chris Thomas is noted as representing Democrat & Chronicle in a story about its challenge to a request to ban video cameras from the upcoming sentencing of three men involved a high-profile LDC corruption case.

Wearable Fitness Tracking Devices

Product Liability Law & Strategy | May 01, 2016

This second installment of a two-part column authored by New York City partners Chris Mason and Kristin Jamberdino discusses litigation centered upon fitness trackers and other personal monitoring devices.

Franchising Business & Law Alert

Franchising Business & Law Alert | May 01, 2016

New York City partner Craig Tractenberg authored this column discussing the complexities of covenants not to compete.

Several Forces Come Together to Drive Antitrust Work, Here and Abroad

Of Counsel: The Legal Practice and Management Report | May 01, 2016

Chicago partner Lisa Sullivan is quoted in this article about several factors fueling increased antitrust work for attorneys.

NJ Lawyers Say NY's Office Requirement Can Still Be Defeated

New Jersey Law Journal | April 27, 2016

Rochester attorney Dave Schraver is quoted in this article about a recent ruling by the U.S. Court of Appeals for the Second Circuit on a challenge to the New York law requiring out-of-state lawyers to maintain offices in the state. It’s noted that he heads NYSBA’s 12-member working group that will be examining Section 470.

Enforcement of Court Orders and Contempt Proceedings

The Legal Intelligencer | April 22, 2016

New York City partner Craig Tractenberg authored this column that looks at a few franchisor/franchise cases that demonstrate the need to aggressively enforce court orders and follow the rules on calculating damages even in contempt proceedings.

DOI Seeks To Pare Challenge Of Approval Of Mass. Tribe Trust

Law360 | April 20, 2016

Rochester partner David Tennant and Boston associate Matthew Frankel are noted as counsel representing Massachusetts residents in a case involving land the Mashpee Wampanoag Tribe has put into a trust for a $500 million casino project.

Q&A with Nixon Peabody's Kate Martinez

Law360 | April 18, 2016

Rochester associate Kate Martinez is featured in this Q&A about international arbitration.

Connections with Evan Dawson: The Future of Libel Law

WXXI (PBS Rochester) | April 13, 2016

Rochester partner Christopher Thomas discusses the potential impact of Donald Trump’s desire to change libel law if elected president.

Appeals Court Reaffirms FreshDirect's Bronx Move Subsidies

Law360 | April 07, 2016

The feature story notes a New York appeals court decision affirming a lower court’s order denying a community group’s attempt to renew a challenge to $84 million in city tax subsidies approved for FreshDirect LLC to move its distribution center to Harlem River Yard in the Bronx. Buffalo commercial litigation counsel Laurie Styka Bloom is noted as counsel for FreshDirect.

Q&A with Nixon Peabody's Craig Tractenberg

Law360 | April 06, 2016

New York City partner Craig Tractenberg is featured in a special Q&A discussing his experiences with international arbitration.

Louisville imposes more sanctions on basketball team in wake of escort scandal

Yahoo! Sports | April 06, 2016

This article notes additional sanctions that the University of Louisville plans to impose on the men’s basketball program in the continued fallout of a scandal involving players. Chicago partner Steve Thompson, the University’s outside legal counsel advising on this matter, is quoted.

Is it illegal to have an offshore account?

FOX Business | April 04, 2016

New York City commercial litigation associate Danielle McLaughlin appeared on FOX Business discussing legal consequences following the leak of the “Panama Papers” revealing widespread use of offshore company structures.

Better 'Prompt' Than Never: Calif. Subcontractor Payments

Law360 | April 01, 2016

San Francisco commercial litigation partner Matt Richards and San Francisco commercial litigation associate Stacy Boven authored this column discussing California’s “prompt payment” statutes which provide for contractors and subcontractors to be paid for their work on a timely basis.

Wearable Fitness Tracking Devices: The Resolution of Claims

Product Liability Law & Strategy | April 01, 2016

The first installment of a two-part column authored by New York City partners Chris Mason and Kristin Jamberdino deals with the timely issue of resolving claims centered upon fitness trackers and other personal monitoring devices.

Mandatory Health History Form Violated ADA, GINA

SHRM | March 30, 2016

Long Island Labor & Employment partner Chris Gegwich provides commentary in this piece discussing a case in which an employer violated federal laws by requiring job applicants to fill out a health history form before being considered for work. The article looks at the specific matter and its impact.

ACLU prepared to defend Warwick media outlets threatened with lawsuit over posting public report

Providence Business News | March 30, 2016

This piece notes that the American Civil Liberties Union of Rhode Island will represent two local media outlets if they are sued for writing about how local school administrators handled accusations of sexual misconduct by a teacher. Providence office managing partner Neal McNamara and associate William Wynne are mentioned as ACLU volunteers who will represent the media if the lawsuit moves forward.

Former Franchisee Relocates and Avoids Exposure in Aamco Case

The Legal Intelligencer | March 25, 2016

New York City partner Craig Tractenberg authored this column that looks at the complexities of covenants not to compete.

VW ‘clean diesel' suit sent back to state court

Rhode Island Lawyers Weekly | March 24, 2016

Commercial litigation counsel Steven Richard is quoted throughout this article about how two Providence lawyers paved the way for plaintiffs’ attorneys across the country to keep consumer lawsuits relating to the Volkswagen diesel emissions scandal in state court and out of federal multidistrict litigation in California, by suing local dealerships rather than the manufacturer.

Neb. Tribe's High Court Win Doesn't Clinch Tax Power

Law360 | March 23, 2016

Rochester commercial litigation partner David Tennant is quoted in this article about the U.S. Supreme Court’s decision on Tuesday granting a Nebraska tribe a win by ruling that a federal land act didn't reduce the size of its reservation.

Madoff Investors' Defense Arguments Get New Life

Law360 | March 22, 2016

Boston partner and co-leader of the commercial litigation practice Jon Sablone and New York City commercial litigation associate Danielle McLaughlin co-authored this column discussing the impact of a New York bankruptcy court decision on investors who still face claims by trustee Irving Picard. Their commentary focuses on a reevaluation of the litigation strategy for a more aggressive approach.

Cybersecurity Best Practices for Senior Bank Management

Bloomberg BNA Banking Report | March 21, 2016

Chicago partner Susan Feibus authored this column about important considerations for financial institutions to take in terms of policies and procedures that address the cyber threat environment and resilience to cyber attacks.

New Rules Make Court More Business Friendly

Buffalo Business First | March 18, 2016

Buffalo commercial litigation partner Sheldon Smith was quoted in this feature story about recent changes to the Federal Rules of Civil Procedure and the rules of the Commercial Division of NY State.

Squawk Alley

CNBC | March 16, 2016

New York City commercial litigation associate Danielle McLaughlin discusses President Barack Obama’s nomination of Merrick Garland to the Supreme Court of the United States.

Changing the Profession, One Lawyer at a Time

Law Practice Today | March 14, 2016

Buffalo commercial litigation partner Viv Quinn is a panelist in this roundtable piece discussing women in law. She provides commentary throughout about her background and career.

Maria Sharapova: Star's confession 'could reduce punishment'

CNN | March 11, 2016

Chicago partner Steve Thompson provides third-party commentary in this feature article on what’s next following Maria Sharapova’s recent admission to a failed drug test.

3 Spoliation Cases You Should Know

Law360 | March 11, 2016

Partner and co-leader of the commercial litigation practice Jon Sablone is quoted in this feature article discussing three high-profile spoliation disputes featuring lost, destroyed or hidden electronic data and what these cases mean moving forward.

Omnicare Raises Bar on Exec Opinion Suits in 2nd Circ.

Law360 | March 07, 2016

Boston Commercial Litigation partner Matt McLaughlin provides commentary in this piece discussing a Second Circuit decision on securities lawsuits over rosy corporate projections that fail to pan out in light of the Supreme Court’s landmark Omnicare ruling.

SEC cites Wells Fargo with fraud in failed Curt Schilling startup

USA Today | March 07, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article about the fraud charges against Wells Fargo in connection with Curt Schilling’s former video game company. Brian is noted as representing Wells Fargo’s banker.

Federal appeals court rejects Whitey Bulger's plea for a new trial

Boston Globe | March 04, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article about the recent federal appeals court’s unanimous rejection of Whitey Bulger’s plea for a new trial.

Kinder Morgan: Federal regulations preempt state rules on proposed pipeline

Union Leader | March 02, 2016

Partner and leader of the firm’s litigation department Scott O’Connell is quoted in this article about the Federal Energy Regulation Commission and New Hampshire’s Site Evaluation Committee’s conflicting requirements for Kinder Morgan’s proposed interstate transmission pipeline.

Nixon Peabody Adds DOJ Vet to White Collar Group

Law360 | March 02, 2016

This feature story highlights the arrival of Government Investigations & White Collar Defense partner Tina Sciocchetti.

Contenzioso commerciale negli Stati Uniti d'America – Italia. Rifiuto di testimoniare

Il Bollettino dell'Associazione Internazionale Giuristi di Lingua Italiana | March 01, 2016

Partners Charles Bernardini and Kevin Shea co-authored this article discussing the refusal to testify by an Italian witness in U.S.-Italian cross-border commercial litigation. Click here to read the full article.

Should Apple Release its Data to the FBI?

WJAR-TV (Providence NBC affiliate) | February 26, 2016

Providence commercial litigation counsel Steven Richard is interviewed in a segment about the battle between Apple and the FBI about the potential access to user data.

Law360 Native American Editorial Advisory Board

Law360 | February 25, 2016

This feature story profiles the members of the 2016 Native American Law360 editorial advisory board, including partner David Tennant, who served on the 2015 board as well.

Apple vs. FBI

WGBH Greater Boston | February 18, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly participated in this discussion on the U.S. government’s request of Apple to help unlock a phone possessed by one of the attackers in December's terrorist attack in San Bernardino, California.

FDA takes steps to define ‘natural' on food labels

Rochester Business Journal | February 12, 2016

Rochester partner Jeff LaBarge and Buffalo associate Tracey Scarpello co-authored this column on steps the Food and Drug Administration is taking to define “natural” on food labels in the changing landscape of food ingredient and production.

Corporate Counsel Q&A

Daily Journal | February 09, 2016

The Jim Henson Co.’s executive vice president of business and legal affairs, is profiled in this Q&A. Noted among go-to outside counsel is Nixon Peabody. The team handling commercial litigation matters includes Tony Barron and John Chatowski.

Cyber Resolutions for 2016

Providence Business News | February 08, 2016

Providence Commercial Litigation counsel Steven Richard authored this column discussing steps organizations can take to promote a data secure environment.

Radio Show Podcast

The Sean Hannity Show | February 05, 2016

Following confirmation from the FBI’s general counsel that it is working on matters related to former Secretary Clinton’s use of a private e-mail server, a discussion is held on the legality of such use. New York City Litigation associate Danielle McLaughlin is among the panelists.

Nixon Peabody adds 11 partners, one on LI

Innovate Long Island | February 01, 2016

This write-up focuses on newly elected Long Island and New York City Commercial Litigation partner Tom Mealiffe.

Enact Security Policy to Avoid Legal Woes after a Breach

Rochester Business Journal | January 22, 2016

Rochester Commercial Litigation associate Kate Martinez is quoted in this story about cybersecurity. Her commentary focuses on the evolving laws around data privacy and their increasing complexity.

Can an Applicant With a Criminal History Buy a Franchise?

The Legal Intelligencer | January 22, 2016

New York City partner Craig Tractenberg authored this column discussing whether a potential franchisee can purchase a franchise with a criminal history.

Can Discount Prices Get Retailers Into Trouble?

Apparel News | January 21, 2016

Los Angeles partner and Fashion practice group leader Staci Riordan provides third-party commentary in this piece about an increasing number of class-action lawsuits against big-name department stores over markdowns allegedly made on “false” original prices.

Attorneys React to High Court ERISA Reimbursement Ruling

Law360 | January 20, 2016

San Francisco counsel and leader of the ERISA Litigation team Chuck Dyke discusses the Supreme Court’s ruling that a retirement plan cannot sue under the Employee Retirement Income Security Act for reimbursement of medical expenses from a third-party settlement that a plan participant has already spent.

Lawyers Weigh in on High Court's Class Action Ruling

Law360 | January 20, 2016

Litigation department co-chair and leader of the Class Actions & Aggregate Litigation practice Scott O’Connell reacts to the Supreme Court’s decision in Campbell-Ewald Co. v. Gomez that a settlement with individual plaintiffs does not foreclose on class claims against a defendant.

Shaq Must Defend Lawsuit After Posting Insulting Tweet

Bloomberg BNA Social Media Law & Policy Report | January 20, 2016

Providence Commercial Litigation counsel Steven Richard is quoted in this article about how the right of publicity affects social media use.

How EEOC's Costco Case Impacts Customer Harassment Claims

Law360 | January 19, 2016

Chicago associates Laura Bacon and Brittany Bogaerts co-authored this column noting that EEOC v. Costco serves as a reminder that employers may be held responsible for customer harassment of employees and that hostile work environment claims are not limited to claims of harassment by other employees.

Shout-Out: Nixon Peabody Scores Win for Planet Fitness in Transgender Locker Room Suit

American Lawyer Litigation Daily | January 13, 2016

This feature story highlights the firm’s efforts securing a dismissal of transgender locker room policy lawsuit for client Planet Fitness. The Boston team of partner Art Pressman and associate Troy Lieberman are noted as counsel.

What Banks Should Fear In 2016

Legal Bisnow (DC) | January 08, 2016

This piece, which describes the need for financial institutions to prepare for heightened regulatory scrutiny of their cyber preparedness, features commentary from Susan.

Colo. Court Further Affirms Design Defect Preemption

Law360 | January 07, 2016

New York Commercial Litigation associate Paul Stinson explains the precedent set in Colorado that will be of value for aviation defendants who find themselves litigating in forums that recognize federal preemption of the field of aviation safety.

Feds could shift focus in attempt to find cash

Boston Herald | January 05, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted article discussing the latest in the James “Whitey” Bulger saga. The story notes that Bulger’s girlfriend will plead guilty to a contempt charge in a move that could force federal investigators to target other confidants in their mission to uncover millions of missing dollars.

After sex assault charges, Bill Cosby faces jail time—and his legal battles are just beginning

Washington Post | December 31, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly provides third-party commentary regarding the arraignment and criminal charge against actor Bill Cosby.  Brian discusses the importance of evidentiary rulings in this case.

City Hall probe: No sign Walsh, aides acted for Teamsters on ‘Top Chef’

Boston Herald | December 28, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly is featured in this coverage about the findings of his three-month investigation of the local Teamsters’ alleged extortion related to the June 2014 filming of Top Chef in Boston.

Notorious B.I.G. estate gets copyright infringement lawsuit tossed

Reuters | December 23, 2015

Nixon Peabody is mentioned in this feature article for our representation of Warner Music Group, EMI Music Publishing, Big Poppa Music, Bad Boy Records and the estate of The Notorious BIG. Our team—led by partners Staci Riordan and Julian Petty—won a dismissal of copyright infringement claims involving BIG’s 1994 debut album. Associates Neal Gauger and Seth Berman were part of the legal team. Click here to read the full article.

Warner, Notorious BIG Estate Duck Songwriter's IP Suit

Law360 | December 22, 2015

Partners Staci Riordan and Julian Petty and associates Neal Gauger and Seth Berman are mentioned in this article for their representation of Warner Music Group, EMI Music Publishing, Big Poppa Music, Bad Boy Records and the estate of Notorious BIG in a case focused on alleged copyright claims involving BIG’s 1994 debut album. Staci provides commentary. Click here to read the full article.

Private Fund Regulation in 2015—SEC Levels Up

Law360 | December 18, 2015

Boston partner and deputy chairman of the Private Investment Fund Disputes team Stephen LaRose and Boston associate Kathleen Ceglarski Burns co-authored this article. The piece discusses how the U.S. Securities and Exchange Commission’s focus on private fund advisers has shifted from learning and information gathering to examination and enforcement activity.

Schools Claim $1.1B in Aid Lost Due to Funding Policies

New York Law Journal | December 08, 2015

This article notes that eight small-city school districts are requesting funding to eliminate existing inequities. Albany Commercial Litigation partner Bill Reynolds is noted among the districts’ counsel.

Ascertaining Potential Plaintiffs

Product Liability Law & Strategy | December 01, 2015

Buffalo Commercial Litigation partner Vivian Quinn and Buffalo Commercial Litigation associate Tracey Scarpello authored this column “ascertainability” developments to watch as the issue in all likelihood winds its way to the United States Supreme Court.

Connecticut hospitals move near possible lawsuit over tax

Associated Press | November 30, 2015

This article notes efforts by Connecticut hospitals to fight a tax that the medical centers claim is unconstitutional and is harming hospitals financially. Litigation & Dispute Resolution partner Gordon MacDonald, who is advising the Connecticut Hospital Association, is quoted in the piece.

Justices Reject Biolitec's $70M Contempt Appeal

Law360 | November 30, 2015

Albany Commercial Litigation partner Bill Reynolds, counsel for AngioDynamics, is quoted in this feature article discussing the Supreme Court’s decision in Biolitec AG, et al. v. AngioDynamics, Inc. The Court rejected Biolitec AG’s challenge to a $70 million contempt penalty and an arrest warrant for its CEO for going through with a merger expressly forbidden by a lower court’s order.

Can Government Force Private Companies to Decode Encrypted Messages for Law Enforcement?

Law360 | November 24, 2015

Susan authored this column discussing whether the government can force private companies to decode encrypted messages for law enforcement.

Business Lunch: Data Privacy

WJAR-TV | November 19, 2015

In this live, in-studio segment, Providence Commercial Litigation counsel Steven Richard, a member of our Data Privacy & Cybersecurity team, discusses key data privacy and security issues.

Panel hears challenge to suburb's gaming licenses

Chicago Daily Law Bulletin | November 11, 2015

This coverage notes that Accel Entertainment, a gaming terminal company, took its fight over a west suburb’s $1,000-per machine licensing fee to state appellate court. Chicago partners Seth Horvath and Michael Ficaro are featured in the story and noted as Accel ‘s counsel.

4 Ways to Knock Out a Frivolous Patent Suit in East Texas

Law360 | November 09, 2015

San Francisco IP Litigation partner Ron Lopez provides commentary in this feature story on how to beat a frivolous patent case in the U.S. District Court for the Eastern District of Texas which is known for being a difficult challenge.

Lawsuits against Excellus, claims of fraud mount

Democrat and Chronicle | November 08, 2015

Rochester Commercial Litigation associate Kate Martinez, a member of the firm’s Privacy and Data Protection team, provides third-party commentary in this article on the legal challenges facing a leading health insurer following a hack that led to access to personal information of 10.5 million current and former customers and vendors.

Safe Data Starts at Top

Providence Business News | November 02, 2015

Providence Commercial Litigation counsel Steven Richard, a member of our Data Privacy & Cybersecurity team, authored this column discussing how data security poses a paramount strategic concern and why proactive leadership at the highest organizational levels is required.

Loss Accrued V. Occurred In Mass. Fire Insurance Policies

Law360 | November 02, 2015

Boston Commercial Litigation partner Kurt Mullen and Boston Government Investigations & White Collar Defense law clerk Julianna Malogolowkin authored this column discussing an appeals court ruling that the statute of limitations for losses under a standard fire insurance policy runs from the date that the loss "occurred" and appears to have limited the discovery rule in Massachusetts only to statutes of limitation referring to when the loss “accrued.”

NY Tribe's Land Claims Appeal Nixed By 2nd Circ.

Law360 | October 27, 2015

Commercial Litigation partner and leader of the firm’s Indian Law & Gaming team Michael Cohen is featured in this story on the Second Circuit’s decision to toss a bid by the Shinnecock Indian Nation to overturn a NY district court's dismissal of its land reclamation claims in the Hamptons. Michael is quoted and identified as counsel for many of the appellees.

Putting Out a Call on Added Sugars

Food Processing | October 26, 2015

Chicago Commercial Litigation partner Jamie Robinson, a member of the Food, Beverage & Agriculture team, authored this column looking at where the FDA will end up on 'added sugars' on the new Nutrition Facts Panel.

Here's everyone who contributed to hire a consultant to craft the Albany region's economic development plan

Albany Business Review | October 22, 2015

Albany office managing partner Andy Rose is noted among the team of business leaders who worked to select the consultant for the Capital Region to best craft the area’s economic development plan.

Protecting attorney-client privilege in asset sales

Chicago Daily Law Bulletin | October 15, 2015

Chicago IP Counseling & Transactions partner Janet Garetto and Chicago IP Litigation partner Russ Genet co-authored this column on protecting the valued attorney-client privilege. Click here to read the full article.

Protect your consumers' privacy from mass telemarketing

Rochester Business Journal | October 09, 2015

This column explains the Telephone Consumer Protection Act (TCPA), the risks to businesses, and how businesses can avoid TCPA liability. Corporate transactions partner Jeff LaBarge, commercial litigation associate Dan Deane and IP litigation associate Troy Lieberman collaborated on the piece.

Justices May Stress Non-Tribal History in Jurisdiction Fight

Law360 | October 08, 2015

Rochester Commercial Litigation partner David Tennant, a member of Native American Law360’s editorial board, provides third-party in this U.S. Supreme Court tribal jurisdiction article.

RevoLaze Drops Lawsuit Against Hennes & Mauritz

California Apparel News | October 08, 2015

Los Angeles partner and leader of our fashion practice Staci Riordan is quoted in this article discussing a dropped legal action against her client, fashion retailer Hennes & Mauritz (H&M). Staci is quoted in the piece expressing H&M’s confidence that the retailer would have won the lawsuit as it did not infringe on RevoLaze’s laser technology used to distress jeans.

Cayman Eviscerates Liquidation Option for Fund Investors

Law360 | October 06, 2015

Partner and co-leader of the firm’s Commercial Litigation practice Jon Sablone and New York City Commercial Litigation associate Danielle McLaughlin authored this column discussing how the insertion of boilerplate language can now obviate an important and powerful tool of the Cayman Islands Companies Law and invest even more power in offshore funds.

3rd Circ. Reins In Damages for Disadvantaged Business Fraud

Law360 | October 05, 2015

Government Investigations & White Collar Defense practice group leader Dave Vicinanzo, partner Mark Molloy and associate Emily Crandall Harlan authored this column on curtailing an aggressive loss theory that held defendants to more than the government’s loss in some fraud cases.

Decide access in public

Democrat and Chronicle | October 03, 2015

Rochester Commercial Litigation partner Chris Thomas authored this opinion piece on the right to public criminal trials and free press.

In Split Victory for Contractors and Whistleblowers, Supreme Court Rejects Expansive Statute of Limitations Theory for False Claims Act Cases and Clarifies Application of Act's "First-to-File" Bar

Pratt's Government Contracting Law Report | October 01, 2015

This contributed column is authored by Boston Government Investigation & White collar defense partner Brian Kelly and Washington, DC, Government Investigations & White Collar Defense associate Emily Crandall Harlan. Click here to read the full article.

Attorneys React To NCAA Student-Athlete Pay Ruling

Law360 | September 30, 2015

Chicago Commercial Litigation partner Steve Thompson provides commentary on the Ninth Circuit’s decision in Edward O’Bannon Jr. v. NCAA et al.

2015 Class for Forty Under 40 Chosen

Rochester Business Journal | September 25, 2015

Rochester Commercial Litigation associate Kate Martinez is among this year’s “Forty Under 40” class.

New DOJ Policy May Lead to Fewer Plea Deals

Bloomberg BNA White Collar Report | September 25, 2015

This story discusses a new Justice Department policy in which federal prosecutors must focus on individual accountability and that eliminates partial credit for corporate cooperation may have unintended consequences. The topic was the focus of a Nixon Peabody webinar presented by the Government Investigations & White Collar Defense team. Brian Kelly and Dave Vicinanzo are quoted.

Nixon Peabody Adds Former Bond Schoeneck Partner

Law360 | September 24, 2015

This feature story highlights the arrival of Albany Commercial Litigation partner Bill Reynolds.

The National Law Journal, Connecticut Law Tribune Announce Boston Rising Stars

National Law Journal | September 23, 2015

Boston Government Investigations & White Collar Defense associate Eric Walz is included among the Boston “Rising Stars.”

3 Firms Are GCs' Top Picks For Product Liability Litigation

Law360 | September 21, 2015

In the BTI Litigation Outlook 2016, Nixon Peabody is named as one of three powerhouses in product liability litigation. The recognition is based on a survey of general counsel and highlights firms with long histories of success in the practice area and reputations for developing big-picture strategies for their clients. Litigation department co-chair Scott O’Connell is quoted within the piece.

People on the Move

Boston Business Journal | September 21, 2015

This news brief notes that Boston Commercial Litigation associate Leslie Hartford has been named to the board of People Making a Difference.

Call Me Unconstitutional: Hang-Up for SC's Robocall Law

Law360 | September 16, 2015

Providence Commercial Litigation counsel Steve Richard authored this column discussing developments in and results of a court decision regarding a political consultant’s First Amendment challenge to South Carolina’s anti-robocall statute.

Residents, state officials discuss cyanobacteria in Nippo Lake

Foster's Daily Democrat | September 16, 2015

This article notes meeting between NH state environmental officials and Barrington residents and stakeholders discussing what can be done about the ongoing cyanobacteria blooms in Nippo Lake which forced the lake to be closed. Manchester Commercial Litigation partner Kevin Fitzgerald is included and pictured in the story as the Nippo Lake Association’s pro bono counsel.

Here are the BBJ's 40 Under 40 honorees for 2015

Boston Business Journal | September 09, 2015

Boston partner and deputy leader of the firm’s Government Investigations & White Collar Defense practice Danielle Pelot is among the Boston Business Journal’s 2015 “40 Under 40” class. Click here to read the full article.

Think Before You Hit ‘Send'

New Hampshire Business Review | September 04, 2015

Manchester Commercial Litigation associate Dan Deane and Boston IP Litigation associate Troy Lieberman co-authored this column discussing what businesses need to know about the Telephone Consumer Protection Act.

New Identity Theft Protection Law Receiving Mixed Reviews

Rhode Island Lawyers Weekly | August 31, 2015

Providence Commercial Litigation counsel Steven Richard is quoted in this article discussing the Identity Theft Protection Act, which governs the steps businesses and other entities must take to prevent the theft of personal information like Social Security and credit card numbers.

As public funds shrink, legal aid programs increasingly looking to private donations

Concord Monitor | August 29, 2015

Manchester Commercial Litigation partner Gordon MacDonald is quoted in this feature story on attorneys’ increasing efforts to secure financial assistance from local businesses and community stakeholders as the amount of public money to New Hampshire legal aid programs decreases.

NH Business Newsmakers

Union Leader | August 23, 2015

This news brief notes that Manchester Commercial Litigation associate Dan Deane has been elected vice chair of the New Hampshire Bar Association’s Federal Practice Law Section.

What you should know about social media

Daily Record | August 20, 2015

Rochester associates Joe Carello and Kate Martinez are quoted throughout this piece discussing tips for employers handling social media and data issues before, during, and after employment.

The Citco Settlement and What Lies Ahead for PwC

Law360 | August 17, 2015

Partner and co-leader of the firm’s Commercial Litigation practice Jon Sablone and New York City Commercial Litigation associate Danielle McLaughlin discuss Citco Group Ltd.’s recent $125 million settlement in Anwar et al. v. Fairfield Greenwich Ltd. and it’s implications on PricewaterhouseCoopers LLC in a class action the company is facing.

Could new technology solve the Gardner heist?

Boston Globe | August 15, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly discusses how new technology could impact the investigation into the 1990 Isabella Stewart Gardner Museum artwork heist.

State Bar Publishes Book on 2nd Amendment

New York Law Journal | August 13, 2015

Rochester Commercial Litigation partner David Tennant is mentioned in an article about the New York State Bar Association’s recently published book, Understanding the Second Amendment, Gun Regulation in America Today and Yesterday.  The book is a result of the Bar’s Task Force on Gun Violence.  David is chair of the Task Force.

The Vanishing FCPA ‘Facilitating Payments' Exception

Law360 | August 13, 2015

Washington, DC, Government Investigations & White Collar Defense associate Emily Harlan and Boston partner and deputy leader of the Government Investigations & White Collar Defense practice Danielle Pelot coauthored this article focusing on what companies doing business in foreign countries need to know about the Foreign Corrupt Practices Act’s facilitating payments exception.

Tipsters: We Know Gardner Heist Thief

The Daily Beast | August 13, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly weighs in on the investigation surrounding new developments in a famous art heist at the Gardner Museum in Boston.

Encroachment and Franchisee Claims of Constructive Termination

The Legal Intelligencer | August 03, 2015

New York City partner and leader of the firm’s Global Disputes team Craig Trachtenberg authored this column discussing encroachment and new claims of constructive termination in instances where a new franchise is located near an existing franchise location.

Are Private Institution Security Department Records Subject to Disclosure Under Public Records Acts?

Privacy & Security Law Report | August 01, 2015

This column discusses two decisions that demonstrate the competing considerations in determining whether private institutions’ campus security departments equate to public acts subject to public records laws. Mike Cooney, Chris Thomas, Steven Richard and Kacey Houston Walker authored the piece.

State Bar Chooses Members to Study NY Constitution

New York Law Journal | July 28, 2015

Rochester Commercial Litigation senior counsel Bob Witmer is named as one of 25 members of the New York State Bar Association committee that will study potential changes to the state’s constitution.

Bulger Decision to Not Testify Hampers His Retrial Effort

Boston Herald | July 27, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article on the decreased chance of a new trial for Whitey Bulger following his decision not to take the witness stand.

Should Workers Get Overtime for Answering Emails After Hours?

Chicago Tribune | July 17, 2015

Chicago Commercial Litigation associate Laura Bacon provides third-party commentary on increasing litigation risks and greater need for employers to establish clear policies surrounding work-related communication by employees.

Batastini named president-elect of R.I. Bar Association

The Valley Breeze & Observer | July 16, 2015

This coverage highlights Providence Commercial Litigation partner Armando Batastini, who has been named president-elect of the Rhode Island Bar Association for 2015-2016.

Middlesex DA wants Tsarnaev back for 2d trial

Boston Globe | July 15, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly discusses potential challenges the Middlesex District Attorney may face in bringing the convicted Boston Marathon bomber back to Massachusetts to face state charges for the murder of an MIT police officer.

Another Tsarnaev Trial?

WGBH News | July 15, 2015

In this broadcast interview, Boston Government Investigations & White Collar Defense partner Brian Kelly is a featured panelist discussing potential challenges to the Middlesex District Attorney’s efforts to bring the convicted Boston Marathon bomber back to Massachusetts to face state charges for the murder of an MIT police officer.

Post-Daimler Decisions Confirm the High Bar for General Jurisdiction over Product Manufacturers

TerraLex Connections | July 15, 2015

This column discusses a survey of lower court decisions in the sixteen months since the Supreme Court's decision in Daimler AG v. Bauman. This survey confirms that courts are applying a high bar with more uniform results as to when general jurisdiction will be found. Partner and co-leader of the Commercial Litigation practice Joe Ortego, San Francisco Commercial Litigation partner Eric Strain and New York City Commercial Litigation associate Zack Stillings co-authored the piece.

State Offers an Efficient Resource for Business Dispute Resolution

Rochester Business Journal | July 10, 2015

In this monthly “Law” column, Rochester partners Jeff LaBarge and David Tennant discuss efforts by the New York State Supreme Court Commercial Division to improve the litigation process.

A Broadening Risk of Securities Liability after Omnicare

Law360 | July 09, 2015

Boston Commercial Litigation partners Matt McLaughlin and George Skelly authored this column discussing the “case revival” trend following U.S. Supreme Court's decision in Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund.

Commentary: Identity-theft law stronger

Providence Business News | July 06, 2015

Providence Commercial Litigation counsel Steven Richard authored this guest column discussing the Rhode Island Identity Theft Protection Act of 2015.

Law Column: Battle against sexual violence is underway, but change will be slow

Rochester Business Journal | June 15, 2015

Rochester Business Transactions partner Jeff LaBarge and Rochester Commercial Litigation partner Chris Thomas authored this article on college sexual assault and associated legislation.

Nixon Peabody Associate Sees Drone Practice Take Wing

The Recorder | June 15, 2015

This feature Q&A highlights efforts by San Francisco commercial litigation associate Cameron Cloar-Zavaleta to secure FAA permission for clients for commercial drone use.

Negotiating Global Disputes Offers a Way to Move on

Rochester Business Journal | June 12, 2015

Rochester Commercial Litigation associate Kate Martinez is quoted in this article on the use of arbitration in international disputes.

Judge Rejects Claim for a Pissarro by Heirs in Nazi Art Case

The New York Times | June 10, 2015

This feature article focuses on a recent U.S. District Court ruling in favor of the Thyssen-Bornemisza Collection Foundation and the Kingdom of Spain in an artwork dispute that spanned a decade. Los Angeles commercial litigation partners Thad Stauber and Sarah André represented the Foundation in this dispute.

The Rising Tide of Suspensions and Debarments in Government Contracts

Government Contracting Law Report | June 10, 2015

In the second of this two-part column, Washington, DC, partner and leader of the firm’s Government Contracts team Vince Napoleon and Rochester Commercial Litigation counsel Kevin Saunders discuss the increasing the number of suspensions and debarments among government contractors.

No Rest for the Workers: Calif.'s Day-of-Rest Law

Law360 | June 09, 2015

San Francisco Labor & Employment associate Danielle Kleinman and San Francisco commercial litigation associate Cameron Cloar-Zavaleta authored this column discussing California’s day-of-rest law.

2nd Circ. Urged to Nix Tribe's Hamptons Land Claims

Law360 | June 04, 2015

This feature story notes New York and other defendants’ request to the Second Circuit to uphold the dismissal of the Shinnecock Indian Nation’s complaint saying the appeals court’s precedent of denying such tribal land claims is well-settled. Long Island commercial litigation partner Michael Cohen is identified among the appellees’ counsel.

'I Demand a Refund'; Class-Wide Damages Models for Labeling Claims

Product Liability Law & Strategy | June 01, 2015

Buffalo Commercial Litigation partner Viv Quinn and associate Lynnette Nogueras-Trummer authored this column examining damages models for food-labeling class action complaints.

Laws Try to Resolve Employer-Employee Social Media Conflicts

Wall Street Journal | May 28, 2015

Providence Commercial Litigation counsel Steven Richard is quoted in this article discussing how state laws on social media are impacting employer-employee relations in the absence of an overarching federal law.

Reform Near for Chemicals Law

Buffalo Law Journal | May 25, 2015

Buffalo Commercial Litigation partner John Weinholtz is featured throughout this article discussing potential future updates to the Toxic Substances Control Act.

Will NY Expand the Scope of Providers' Duty of Care?

Law360 | May 19, 2015

Albany Health Care partner Laurie Cohen and Albany Commercial Litigation associate Jena Rotheim coauthored this article on whether New York’s state’s highest court is willing to significantly expand the scope of individuals to whom medical providers owe a duty.

Death Penalty Decision in Marathon Bomber Trial

WBUR-FM (NPR Boston) | May 15, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly discusses the jury’s death penalty decision in the Tsarnaev trial.

Albany Business Review 40 Under 40 Event Draws 750

Albany Business Review | May 13, 2015

Albany Commercial Litigation associate Leah Threatte Bojnowski is among this year’s “40 Under 40” class.

DuPage County in 60 Seconds

Daily Herald | May 12, 2015

Chicago Commercial Litigation partner John Ruskusky is named as a board member in this article highlighting the newest additions to the DuPage Children Museum’s board of directors.

Connections: Legislation for Campus Sexual Assaults

WXXI News | May 11, 2015

Rochester Commercial Litigation partner Chris Thomas is one of the featured panelists for a discussion on possible New York State campus sexual assault legislation.

Drone technology is taking off, but so are its regulations

Rochester Business Journal | May 08, 2015

Rochester Business Transactions partner Jeff LaBarge and San Francisco Commercial Litigation associate Cameron Cloar-Zavaleta authored this column discussing trends in unmanned aircraft systems legislation and potential opportunities for businesses.

The Rising Tide of Suspensions and Debarments in Government Contracts

Government Contracting Law Report | May 01, 2015

Washington, DC, partner and leader of the firm’s Government Contracts team Vince Napoleon and Rochester Commercial Litigation counsel Kevin Saunders coauthored this column, the first of two in this series, on how the current environment is increasing the number of suspensions and debarments among government contractors.

Will Your Zero-Tolerance Policy Go Up in Smoke?

Chicago Bar Association (CBA) Record | May 01, 2015

Chicago commercial litigation partner Maura Neville co-authored this column discussing the impact of Illinois’ medical marijuana law on employers and their existing programs.

Social Media Class Notices Gain Traction but Carry Risks

Law360 | April 24, 2015

Providence Commercial Litigation counsel Steven Richard is quoted in this article discussing the use of social media—including LinkedIn and Twitter—for class notices.

Focus Shifts Back to Tsarnaev Trial After Boston Marathon

WBZ-TV (CBS Boston) | April 20, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly discusses the next steps for the Boston Marathon bombing trial, which is set to resume following the city’s annual 26.2 mile run.

Executive Profile: 10 Minutes with Andy Rose of Nixon Peabody LLP

Albany Business Review | April 17, 2015

Albany office managing partner Andy Rose is featured in this weekly Q&A with local business leaders. In the profile, Andy discusses his career path and practice, the outlook for the legal sector and how Albany can develop in the future.

3rd-Party Onlookers May Trigger Breach of EU Privacy Laws

Law360 | April 15, 2015

Los Angeles Government Investigations & White Collar Defense partner Jason Gonzalez and Boston Government Investigations & White Collar Defense associate Eric Walz authored this article on claims against businesses handling personal data within the European Union based on an expanded interpretation of the Data Privacy Act.

Lateral Moves

American Lawyer | April 08, 2015

This coverage highlights the arrival of San Francisco Commercial Litigation counsel John Foust and San Francisco M&A and Corporate Transactions partner Tom Gaynor.

Lawyers Resist Plan to Trim Length of Appeals Briefs

National Law Journal | April 01, 2015

Rochester Commercial Litigation partner David Tennant is quoted in this article discussing the proposal by the Judicial Conference's Advisory Committee on Appellate Rules to limit appellate briefs.

Sullivan, Nixon Peabody Attys Join New NY Discipline Panel

Law360 | March 30, 2015

Buffalo Commercial Litigation partner Sheldon Smith is named among participants in a New York state court commission tasked to overhaul the system's attorney discipline procedures.

Prosecution Rests Case in Marathon Bombing Trial

WBZ-TV (CBS Boston) | March 30, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone discusses the prosecution's closing and the defense's possible approach in the case against Boston Marathon bomber Dzhokhar Tsarnaev.

A Closer Look at Madoff Victims' PwC, Citco Suit

Law360 | March 27, 2015

Boston partner and co-leader of the firm’s Commercial Litigation practice Jon Sablone and Boston Commercial Litigation associate Christine Colmey authored this article discussing how a recent Southern District of New York ruling pertaining to the Madoff Ponzi scheme serves as a caution to service providers to funds.

SEC Probing American Apparel

Los Angeles Business Journal | March 26, 2015

Los Angeles Government Investigations & White Collar Defense partner Jason Gonzalez is quoted in this article discussing the Securities and Exchange Commission’s investigation behind the ousting of the former American Apparel CEO and founder.

Trends and Compliance in Foreign Corrupt Practices Act

Rochester Business Journal | March 20, 2015

Rochester M&A and Corporate Transactions partner Jeff LaBarge, Rochester Commercial Litigation counsel Kevin Saunders, Providence Government Investigations & White Collar Defense counsel Charles Tamuleviz, and Boston Government Investigations & White Collar Defense associate Emily Sy co-authored this article on trends and compliance in FCPA in light of the DOJ’s increased enforcement efforts.

Boston Marathon Bombing Trial

WBZ-TV (CBS Boston) | March 18, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone discusses the testimony of a friend of accused Boston Marathon bomber Dzhokhar Tsarnaev and additional evidence presented at trial.

Prosecutors Often Balk at Capital Cases

Boston Globe | March 15, 2015

Boston Government Investigations & White Collar Defense partners Brian Kelly and Gerry Leone are quoted in this article on how the nature of death penalty cases impacts whether some federal prosecutors are willing to try these cases.

Marathon Bombing Trial

WBZ-TV (CBS Boston) | March 13, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone is interviewed in this coverage recapping the last week of testimony in the Marathon Bombing trial.

5 Lessons from Clorox Antitrust Case

Law360 | March 12, 2015

San Francisco Commercial Litigation partner John Foote and associate Blaire Stokes authored this column discussing the impact of the first court decision to allow a claim under the Robinson-Patman Act for discriminating between customers with respect to package size.

Nautilus Standard Used by CAFC to Overturn Pre-Nautilus Patent Indefiniteness Judgment

BNA's Patent, Trademark & Copyright Journal | March 11, 2015

Silicon Valley IP Litigation partner Shawn Hansen and Chicago IP Counseling & Transactions partner Paul Kitch discuss the Federal Circuit’s precedential opinion reversing a district court's judgment of patent claim invalidity for indefiniteness since the Supreme Court's Nautilus decision.

People on the Move

Boston Business Journal | March 10, 2015

This news brief notes that commercial litigation partner Kevin Fitzgerald has been elected chair of the firm’s Policy Committee.

New Era of Uncertainty for Calif. Public Works Contracting

Law360 | March 05, 2015

San Francisco Commercial Litigation partner Matt Richards and associate Matt Struhar coauthored this column discussing a California court decision recognizing intentional interference claims for second place bidders in public works contracts.

Boston Marathon Bombing Trial

WBZ-TV (CBS Boston) | March 04, 2015

This live Q&A features Boston Government Investigations & White Collar Defense partner Gerry Leone discussing the first day of the trial of the accused Boston Marathon bomber. Gerry is WBZ’s legal analyst for the trial.

Domestic Transaction Test Applied to Private Action under CEA

ABA Pretrial Practice & Discovery | March 02, 2015

Providence Commercial Litigation counsel Steven Richard discusses the Second Circuit decision leaving open the door for governmental enforcement of the Commodities Exchange Act’s antifraud provisions.

Law Schooled: I Second That Emotion

Boston Globe | March 02, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone is featured throughout this article discussing how courtroom emotions may affect the murder trial of former NFL player Aaron Hernandez.

To Win NH GOP Primary, First You Win Over Activists

Boston Globe | February 20, 2015

Manchester partners Dave Vicinanzo and Gordon MacDonald are included in this article featuring the top 100 political activists in New Hampshire.

FAA Drone Regulations a Setback for Amazon

Law360 | February 18, 2015

San Francisco Commercial Litigation associate Cameron Cloar is quoted in this story discussing the potential impact of the FAA’s new guidelines for unmanned aircrafts on businesses with plans to use drones.

How changes in Cuba embargo affect travel, banking, exports, more

Rochester Business Journal | February 13, 2015

M&A and Corporate Transactions partners Jeff LaBarge and Alexandra Lopez-Casero and Commercial Litigation counsel Alycia Ziarno authored this column on the business implications of easing Cuba sanctions.

Seventh Circuit Approves Trial, Sending Message on Retaliation Allegations

Chicago Daily Law Bulletin | February 12, 2015

Chicago Madison Labor & Employment partner Frank Saibert authored this column discussing a U.S. Circuit Court of Appeals ruling in an employee retaliation trial.

The Charges Against Dzhokhar Tsarnaev Explained in Plain English

Boston Globe | February 12, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted in this article discussing the multiple charges against accused Boston Marathon bomber Dzhokhar Tsarnaev.

Leone: Moving Boston Marathon Bombing Trial Still A ‘Longshot'

WBZ-TV (CBS Boston) | February 12, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone discusses a federal appeals court decision to hear arguments about whether to relocate the trial of Dzhokhar Tsarnaev out of Boston.

Law Schooled: A Lesson in the Immunity of Shayanna Jenkins

Boston Globe | February 12, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted throughout this column discussing immunity for the fiancée of former NFL player Aaron Hernandez in his murder trial.

Gun Violence Report Can Be Educational Tool

Daily Record | February 09, 2015

Rochester Commercial Litigation partner David Tennant is quoted in this article on the report by a New York State Bar Association task force on gun violence.

Even in Prison, ‘Whitey' Bulger Is Pushing Boundaries

Boston Globe | February 07, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this story on James “Whitey” Bulger who is “up to his old tricks” even while serving time.

Mother of Victim Testifies in Aaron Hernandez Trial

Boston Globe | February 05, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted in this article on developments in the murder trial of former NFL player Aaron Hernandez.

As Judge Expresses Confidence in Slow Jury Selection, Tsarnaev Defense Appeals Again to Move Trial

WBUR (NPR Boston) | February 04, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article on the jury selection process in the trial of accused Boston Marathon bomber Dzhokhar Tsarnaev.

New Confusion for California Public Works Contractors

Law360 | February 03, 2015

San Francisco Commercial Litigation partner Matt Richards authored this article discussing a California appeals court decision that raises questions regarding the circumstances under which California public entities may withhold retention on public works projects.

Growing Potential for P3 Infrastructure Development in Cuba

Law360 | January 30, 2015

Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon and Washington, DC, IP Litigation staff attorney Diana Vilmenay authored this column on the potential impacts of new developments in U.S./Cuba relations on Cuban infrastructure growth.

Legal Gameplans for the Aaron Hernandez Murder Trial

Boston Globe | January 29, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted in this article examining the murder trial of former NFL player Aaron Hernandez.

‘USA v. Tsarnaev': Legal Questions Asked and Answered

Massachusetts Lawyers Weekly | January 26, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted in this article examining the case of the accused Boston Marathon bomber.

Area Law Firms Grow by Finding Faraway Clients

Buffalo News | January 25, 2015

Buffalo Commercial Litigation counsel Laurie Bloom, president of the Erie County Bar Association, is quoted in this story on how Buffalo-area law firms are reaching beyond the local community in terms of their client base and work.

New Canandaigua Town Zoning Chair Takes Helm

Daily Messenger | January 23, 2015

Rochester Commercial Litigation associate Terence Robinson is featured in this profile following his appointment as the chairman of the Canandaigua Town Board’s Zoning Board of Appeals.

The Montreal Convention: Assessing Flight Crew Response to Medical Emergencies

Westlaw Journal Aviation | January 22, 2015

Partner and co-leader of the Commercial Litigation practice Joe Ortego and Long Island Commercial Litigation associate Tom Mealiffe co-authored this column discussing courts’ recent application of the Montreal Convention to cases involving in-flight medical emergencies.

Confusion Persists Over Medical Marijuana Enforcement

Law360 | January 21, 2015

A team of Commercial Litigation attorneys including Albany partner Dan Hurteau, Manchester associate Anthony Galdieri, Albany associate Jena Rotheim and Washington, DC, associate Angela Buckner co-authored this article discussing the omnibus spending bill that allows for state implementation of existing medical marijuana laws.

Lawyers Weigh in on High Court Claim Construction Ruling

Law360 | January 20, 2015

Silicon Valley IP Litigation partner Shawn Hansen and Chicago IP Counseling & Transactions partner Paul Kitch discuss the U.S. Supreme Court’s decision to cast aside the Federal Circuit's long-standing rule that all district court claim construction rulings must be reviewed anew on appeal.

Boston Marathon Bombing Trial Jury Selection

WBZ-TV (CBS Boston) | January 20, 2015

This coverage quotes Boston Government Investigations & White Collar Defense partner Gerry Leone discussing critical issues surrounding the jury selection process in the Boston Marathon bombing suspect’s trial.

UMass Ends Student Drug Informant Program

Associated Press | January 15, 2015

The University of Massachusetts-Amherst has ended a program allowing campus police to use students as drug informants. The following coverage notes former Middlesex County District Attorney and Boston Government Investigations & White Collar Defense partner Gerry Leone led the University’s review of the program.

If Budget-Writers Sweep Dedicated Funds, Is It Legal?

New Hampshire Public Radio | January 12, 2015

Manchester Commercial Litigation partner Gordon MacDonald discusses the potential use of dedicated funds by lawmakers to balance the budget.

In such cases, civic duty may impose a heavy burden

Boston Globe | January 12, 2015

Boston Government Investigations & White Collar Defense partner Gerry Leone discusses the civic duty required of the 18 people chosen to decide the fate of the accused Boston Marathon bomber—a far heavier burden than most jurors are asked to bear.

Boston Marathon Trial

WCVB-TV (ABC Boston) | January 12, 2015

Boston Government Investigations & White Collar defense partner Brian Kelly discusses the impact of social media posts by potential jurors or other related persons on the trial of the accused Boston Marathon bomber.

Supreme Stimulus

Long Island Business News | January 12, 2015

Long Island Commercial Litigation associate Thomas Mealiffe is quoted in this article discussing changes to the litigation process as directed by the New York Supreme Court and how these could impact local law firms.

Strong Internal Controls Offer Defense Against Fraud

Rochester Business Journal | January 09, 2015

Rochester Commercial Litigation partner Chris Thomas and Rochester Labor & Employment associate Joe Carello are quoted in this article discussing how businesses can defend against fraud.

New Law Targets Unsafe Drivers: Patrick Signs Bill Spurred by Fatal Accident in Sharon

Boston Globe | January 07, 2015

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article on a new bill signed by Massachusetts Governor Patrick providing municipal police departments with information on drivers with suspended or revoked licenses. Brian is noted as counsel for a Sharon, MA, resident who pushed for this legislation following his daughter’s death.

Will There be Life After Death for New Private Museums?

The Art Newspaper | January 07, 2015

Los Angeles Commercial Litigation partner and head of the firm’s Art & Cultural Institutions team Thad Stauber is quoted in this column discussing the futures of the single-donor museum following the passing of the founder. The coverage notes Thad arranged San Francisco Museum of Modern Art’s 100-year loan of the world renowned Don and Doris Fisher Collection.

WBZ-TV Legal Analyst on Why Tsarnaev Trial Could Take so Long

WBZ-TV (CBS Boston) | January 05, 2015

This coverage features Boston Government Investigations & White Collar Defense partner Gerry Leone, the TV station’s legal analyst for the trial for the accused Boston Marathon bombing suspect, discussing the jury selection and likeliness of a lengthy process.

In Boston Bombing Trial, Dueling Portraits of Defendant

Wall Street Journal | January 04, 2015

This coverage quotes Boston Government Investigations & White Collar Defense partner Gerry Leone discussing the federal appeal court decision refusing to postpone jury selection or change the location of the trial of the accused Boston Marathon bombing suspect. He also discusses ways the defense and the prosecution will attempt to portray the suspect.

Mixed Year for Madoff Recovery, Clarity for Private Funds

Law360 | January 02, 2015

Boston partner and co-leader of the firm’s Commercial Litigation practice Jon Sablone and Boston Commercial Litigation associate Danielle McLaughlin authored this column discussing the 2014 year in Madoff-related rulings.

Second Circuit Rules That Certain Offshore SIPA Claim Transfers Are Subject to Approval by U.S. Bankruptcy Courts

Journal of Bankruptcy Law | January 01, 2015

Boston partner & co-leader of the Commercial Litigation practice Jon Sablone and Boston Commercial Litigation associate Danielle McLaughlin authored this column discussing a Second Circuit panel ruling with potential implications for offshore feeder funds currently in liquidation and are seeking to sell their SIPA claims against the bankruptcy estate of Bernard L. Madoff Investment Securities LLC.

Why the Rise of Ascertainability Signals the Fall of 'All Natural' Consumer Class Actions

Product Liability Law & Strategy | January 01, 2015

Buffalo Commercial Litigation partner Viv Quinn and Manchester Commercial Litigation associate Anthony Galdieri authored this column discussing consumer class actions have challenged the labeling of food and beverage products as "All Natural," "100% Natural" or some variant.

Judge in Tsarnaev case has no-nonsense reputation

Boston Globe | December 26, 2014

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article discussing U.S. District Judge George A. O’Toole Jr., the presiding judge in the trial of the accused Boston Marathon bombing suspect.

Charges in Pharmacy Case Indicate U.S. Sees Crime Ring

Boston Globe | December 18, 2014

Boston Government Investigations & White Collar Defense partner Brian Kelly, former head of the public corruption unit of the U.S. attorney’s office in Boston, discusses allegations that the pharmacists who ran the New England Compounding Center essentially ran the company like a criminal enterprise.

Dzhokhar Tsarnaev Makes First Federal Court Appearance in More than a Year

WBZ-TV (CBS Boston) | December 18, 2014

Boston Government Investigations & White Collar Defense partner Gerry Leone discusses the final pre-trial hearing for accused Boston Marathon bombing suspect Dzhokhar Tsarnaev. Set to begin January 5, Gerry is WBZ’s legal analyst for the trial.

Insights on DOD's Final Counterfeit Parts Rule

Law360 | December 15, 2014

Washington, DC, Commercial Litigation partner Vince Napoleon and Washington, DC, IP Litigation staff attorney Diana Vilmenay authored this column discussing the Department of Defense’s counterfeit parts rule.

Retailers Must Not Ignore Security Alerts, Court Says

CSO | December 15, 2014

San Francisco Commercial Litigation partner Karl Belgum is quoted in this article on the implications of a Minnesota federal court's decision regarding Target’s data breach litigation indicating expansive retailer liability for stolen credit card data.

Tough Insider-Trading Policies Help Avoid Risky Situations

Rochester Business Journal | December 12, 2014

Rochester office managing partner and Commercial Litigation partner Carolyn Nussbaum is quoted throughout this feature story discussing the importance of strong training and compliance programs.

Unlawful termination suit shipped to New York

Antitrust Law Daily | December 11, 2014

This coverage notes an Arkansas federal district court ruling transferring Applied Energy of AR-LA-MS, Inc. v. Pall Corp. to the federal district court in New York pursuant to the parties’ agreement. Co-leader of the firm’s Commercial Litigation practice group Joe Ortego and Long Island Commercial Litigation associate Juan Luis Garcia represented Pall Corp.

Fund to Distribute Money to Victims of Revere Tornado

WBZ Radio AM 1030 | December 08, 2014

This coverage notes the announcement by the Revere Tornado Relief Fund of distribution of allocations for those impacted by the tornado which hit the town outside Boston earlier this year. Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted as executive director and administrator for the fund.

Fund to Distribute Money to Victims of Revere Tornado

Boston Globe | December 08, 2014

This coverage notes the announcement by the Revere Tornado Relief Fund of distribution of allocations for those impacted by the tornado which hit the town outside Boston earlier this year. Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted as executive director and administrator for the fund.

Pats' brass may be asked about Hernandez' sanity

Boston Herald | December 02, 2014

Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted in this feature story on the list of more than 300 people identified by the prosecution as “potential witnesses” in the Aaron Hernandez murder trial.

Breach Response Plan is a Must for Enterprise Security

SearchCIO | December 01, 2014

Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted in this article as moderator of a panel of financial, security and legal experts at a recent MIT Sloan CFO Summit. The article focuses on the pressures felt by C-suite executives as data breaches mount discussed at the summit.

Commercial Drone Regulation Slowly Coming Together, But Entrepreneurs Might Not Wait

Forbes | November 27, 2014

San Francisco Commercial Litigation associate Cameron Cloar is quoted in this story on the potential clarity coming in the form of U.S. federal government regulations for unmanned aircrafts (or “drones”).

AG-Elect Healey Names Transition Team

State House News Service | November 25, 2014

Boston Government Investigations & White Collar Defense partner Gerry Leone, former Middlesex district attorney, is named as a member of Attorney General-elect Maura Healey’s transition team.

Judge Hears Democrat and Chronicle Plate Reader Suit

Democrat and Chronicle | November 25, 2014

Mentioned in this article are some of Rochester Commercial Litigation partner Chris Thomas’ arguments on behalf of Democrat & Chronicle in an ongoing case regarding the publication’s Freedom of Information Law request for license plate data.

Keep Your Company's Trade Secrets from Walking Out Your Door

Rochester Business Journal | November 21, 2014

Rochester M&A and Corporate Transactions partner Jeff LaBarge and Rochester Commercial Litigation associate Terence Robinson collaborated on this column discussing 10 practical ideas to safeguard trade secrets.

Wind River Case May Signal Change for Encryption Exports

Law360 | November 20, 2014

Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin and associate Emily Harlan authored this column on the settlement between the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) and Wind River Systems Inc., and the larger implications that BIS may be tightening the reins on encryption exports.

Mitigating the Risk of Contractor Ethics and Compliance Violations

Contract Management | November 14, 2014

Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon authored this article discussing consequences government contractors could face for failing to meet compliance and ethics obligations.

Attorneys of the Year 2014

The Daily Record (Rochester, NY) | November 06, 2014

Immediate past New York State Bar Association president Dave Schraver and Commercial Litigation partner Sheldon Smith are featured within this special section honoring the 2014 attorneys of the year.

Five Questions With...

Buffalo Law Journal | November 06, 2014

This Q&A is conducted with partner Sheldon Smith. The profile notes Sheldon's practice and his community involvement including his Catholic Health System Board of Directors position. Sheldon also addresses the need to understand a client’s business, the importance of corporate diversity, and how attorneys can prepare clients for the future.

Out of the Closet and Into the Courts

Law360 | November 03, 2014

Providence Commercial Litigation associate Britt Killian authored this column noting that while circuit court decisions do not yet establish a clear privacy right in one’s sexual orientation, they do suggest such a right is emerging.

Credit Card Information Security Issues in Franchising

The Legal Intelligencer | October 31, 2014

New York City partner and leader of the firm’s Franchise & Distribution practice Craig Tractenberg and Washington, DC, IP Litigation and Franchise & Distribution associate Keri McWilliams authored this piece discussing important data security issues for the franchise industry.

Wife Substituted Wrong Defendant

Virginia Lawyers Weekly | October 28, 2014

This coverage notes a Court of Appeals ruling nullifying a woman’s appeal of a trial court award under a prenuptial agreement in Loewinger v. Estate of Stephen Jay Loewinger. Washington, DC, Commercial Litigation partner Vernon Johnson is noted as counsel for the appellee.

Why the Robel Phillipos Verdict Could Be Bad for Dzhokhar Tsarnaev's Defense

Boston Globe | October 28, 2014

A friend of the accused Boston Marathon bomber was found guilty of lying to investigators. Former state and federal prosecutor and Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted discussing the implications of the verdict for bombing suspect Dzhokhar Tsarnaev.

Use Social Media for Legal Service Only as a Last Resort

Law360 | October 27, 2014

Providence Commercial Litigation counsel Steve Richard and associate Britt Killian authored this column discussing when there is the possibility of being served via social media.

Post-Pom Distinctions May Not Stop Lanham Act Claims

Law360 | October 27, 2014

Boston IP Litigation partner Maia Harris, Boston Commercial Litigation partner Fred Kelly and Boston Government Investigations & White Collar Defense law clerk Charles Dell'Anno authored this article discussing the application of the U.S. Supreme Court’s decision in Pom Wonderful LLC v. The Coca-Cola Company to Lanham Act challenges related to drug labeling and marketing.

Conn. High Court Says Insurer's Breach Doesn't Nix Suit

Law360 | October 21, 2014

This story notes the Connecticut Supreme Court ruling in Connecticut Insurance Guaranty Association v. Joshua Drown et al. upholding a lower court’s ruling that the insurer's breach of its duty to defend a medical malpractice suit before going insolvent does not halt the Connecticut Insurance Guaranty Association from suing over its coverage obligations. Boston Commercial Litigation and Insurance associate Kurt Mullen is identified as representing the Connecticut Insurance Guaranty Association.

People on the Move

Buffalo Business First | October 21, 2014

Buffalo Commercial Litigation partner Sheldon Smith’s appointment to the Catholic Health System board of directors is noted in this news brief.

Edwards Wildman's Tech Cochair Departs, Plus More Lateral Moves

American Lawyer | October 18, 2014

This coverage highlights the arrival of Chicago Commercial Litigation partner Bill Meyer and Chicago M&A and Corporate Transactions partner Randy Perkins.

Finalists Chosen for 2015 Athena Awards

Rochester Business Journal | October 17, 2014

Rochester office managing partner and Commercial Litigation partner Carolyn Nussbaum is named among the 10 finalists for the 2015 Athena Award recognizing women who are achievers in the workplace and give back to the community.

Business of Law

Bloomberg News | October 17, 2014

This coverage highlights the arrival of Chicago Commercial Litigation partner Bill Meyer and Chicago M&A and Corporate Transactions partner Randy Perkins.

Nixon Peabody Beefs Up Chicago Office with Ex-Schiff Attys

Law360 | October 15, 2014

This coverage highlights the arrival of Chicago Commercial Litigation partner Bill Meyer and Chicago M&A and Corporate Transactions partner Randy Perkins.

Barclays Settlement Shows SEC Focus on Compliance Controls, Dual Registration

ACA Insight | October 13, 2014

New York City Government Investigations & White Collar Defense counsel Brad Mirkin provides commentary in this feature story discussing prosecutions and settlements that may be indicators of future SEC scrutiny that will affect all advisers.

Analysts Divided Over Phillipos' Marijuana Defense

Boston Globe | October 11, 2014

Boston Government Investigations & White Collar Defense partner Gerry Leone is quoted in this article discussing the defense being used by a friend of the accused Boston Marathon bomber.

Take Extra Steps When Social Media Page Is Evidence

Law360 | October 10, 2014

Partner and Commercial Litigation practice group co-leader Jon Sablone, Providence counsel Steven Richard and Rochester associate Kevin Saunders authored this column discussing the foundational prerequisites to authenticate and admit website evidence that must be developed before presentation at trial.

New Ammo for Apple in Patent Trial

Daily Journal | October 08, 2014

San Francisco IP Litigation partner Ron Lopez provides commentary in this feature story on the ongoing patent trial involving Apple.

Nixon Peabody Nabs Fox Rothschild's Fashion Law Head

Law360 | October 07, 2014

This feature story highlights the arrival of Los Angeles IP Counseling & Transactions partners Staci Jennifer Riordan and Julian Petty. The coverage notes that Staci Jennifer will lead our fashion law team after having spearheaded Fox’s group and Julian will focus his practice on providing strategic career and business guidance to clients in the music, TV, film, new media and book publishing industries.

FINRA Enforcement Official Decamps to Shulman Rogers

Law360 | October 03, 2014

New York City Government Investigations & White Collar Defense counsel Brad Mirkin provides commentary in this article on the departure of a top enforcement official, Emily Gordy, from the Financial Industry Regulatory Authority.

‘Whitey' Bulger's Girlfriend to Face Grand Jury

The Boston Globe | September 29, 2014

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article on federal authorities’ plans to call Bulger’s girlfriend before a grand jury in an effort to locate possible hidden assets.

Is Anyone Really 'HIPAA Compliant' in Healthcare?

Forbes | September 29, 2014

Providence partner and leader of the firm’s Privacy & Data Protection team Linn Freedman provides commentary in this column on understanding and adhering to HIPAA across the entire digital health ecosystem.

Courts Weigh Scope of Attorney-Client Privilege

Providence Business News | September 29, 2014

Providence Commercial Litigation counsel Steven Richard authored this column discussing the protection of the attorney-client privilege in internal investigations.

Legal Elite of Western New York

Buffalo Business First | September 29, 2014

Buffalo Commercial Litigation partner Susan Roney and counsel Laurie Bloom are listed among attorneys honored as the 2014 Legal Elite of Western New York.

Drones Fly into Hollywood

Daily Journal | September 26, 2014

San Francisco Commercial Litigation associate Cameron Cloar is quoted in this story on the Federal Aviation Administration’s recent decision to grant the use of drones by select photo and video production companies.

Iraqi PM's Subway Plot Claim

WFXT-TV | September 25, 2014

In this interview, Boston Government Investigations & White Collar Defense partner Gerry Leone discusses the Iraqi’s Prime Minister’s claim about an ISIS terrorist plot against subway systems in the U.S. and Paris.

Whitey Bulger Documentary Q&A

CNN | September 19, 2014

Boston Government Investigations & White Collar Defense partner Brian Kelly, prosecutor in the James “Whitey” Bulger case, participates in this panel discussion following a preview presentation of CNN’s documentary: Whitey: US v. James J. Bulger. Click here to see the video clip.

Unmasking and Suing the Anonymous Social Media Speaker

Law360 | September 19, 2014

Providence Commercial Litigation counsel Steven Richard authored this column discussing the issue of a social media user’s anonymity.

Antitrust Opt Outs Open Doors for Defense Lawyers

The Recorder | September 19, 2014

San Francisco Commercial Litigation partner John Foote is quoted in this article about law firms taking on more antitrust plaintiff cases.

The Art of Dissolution, Winding Up, and Cancellation of a LLC

Affordable Housing Finance | September 16, 2014

Washington, DC, Commercial Litigation partner Le Dolan authored this column discussing the three stages of a limited liability company’s demise.

DOD Focusing On Competition: What Contractors Should Know

Law360 | September 08, 2014

Washington, DC, Government Contacts and Commercial Litigation partner Vince Napoleon and Washington, DC, Commercial Litigation associate Katherine Bastian discuss new Department of Defense guidelines which contain various techniques and examples for developing acquisition strategies that combat constraint on competition.

Antique Car Dealer Taking the Low Road by Infringing Songs, Suit Says

Westlaw Journal | September 08, 2014

This coverage highlights Freeplay Music Inc. v. Streetside Classics—a lawsuit over alleged use of copyrighted songs. Partner and leader of the IP Litigation practice Jason Kravitz and Long Island Commercial Litigation associate Seth Berman are noted as plaintiffs’ counsel.

MasterCard Ruling Warns In-House Attys on Privilege Limits

Law360 | September 02, 2014

Rochester Commercial Litigation partner David Tennant, who helped develop New York’s revised privilege log practice, provides third-party commentary in this feature article.

U.S. PE Firms Greet AIFMD With a Shrug—for Now

Dow Jones Private Equity Analyst | September 01, 2014

Boston partner and co-leader of the Commercial Litigation practice Jon Sablone provides commentary on implications of the European Alternative Investment Fund Managers Directive for U.S. private equity firms.

New Blow to Picard's Madoff Miracle

Pratt's Journal of Bankruptcy Law | September 01, 2014

Boston partner and co-leader of the firm’s Commercial Litigation practice Jon Sablone and Boston Commercial Litigation associate Danielle McLaughlin authored this article on a decision that the Madoff bankruptcy trustee may not use the U.S. bankruptcy code extraterritorially to claw back funds transferred by foreign feeder funds to their customers.

Assessing the Financial Impact of 4.5 Million Stolen Health Records

Forbes | August 25, 2014

This column discusses the impact of Community Health System’s data breach. Partner and leader of the firm’s Privacy & Data Security team Linn Freedman acts as a third-party source.

Picard Powerless to Block Independent Madoff Settlements

Law360 | August 19, 2014

Boston partner and co-leader of the Commercial Litigation practice Jon Sablone and Boston Commercial Litigation associate Danielle McLaughlin authored this column discussing the impact of a decision that Bernard L. Madoff bankruptcy trustee Irving Picard may not block two large settlements involving Madoff feeder funds.

CHS Starts Notification Process Following Huge Breach

Health Data Management | August 19, 2014

Partner and leader of the firm’s Privacy & Data Protection group Linn Freedman provides third-party commentary on Community Health Systems’ data breach of protected health information.

String of Defeats Puts Madoff Trustee on the Ropes

Law360 | August 18, 2014

Boston partner and co-leader of the Commercial Litigation practice Jon Sablone discusses Irving Picard, who has recovered more than $9 billion for victims of the Bernard L. Madoff Ponzi scheme, but has suffered judicial backlash against his tactics.

Case Leaves Open Questions on Affirmative Action at Public Colleges

Rochester Business Journal | August 15, 2014

This guest column authored by Rochester M&A and Corporate Transactions partner Jeff LaBarge, Rochester Commercial Litigation partner David Tennant and Commercial Litigation associate Brian Jacek focuses on the Fisher v. University of Texas affirmative action case and how it could affect colleges and universities in the Rochester area.

3 Cybersecurity Steps Defense Contractors Need To Take

Law360 | August 05, 2014

Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin, Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon and Washington, DC, Commercial Litigation associate Katherine Bastian discuss steps companies doing business with the government should take as they are facing new cybersecurity requirements.

Directors to Watch 2014

Directors & Boards | August 01, 2014

Partner Linn Freedman, member of the board of directors of Roger Williams University and Roger Williams Law School, is featured among the publication’s ninth annual class of directors to watch.

Resolving Post-Acquisition Disputes

Financier Worldwide | August 01, 2014

Commercial Litigation co-leader and partner Jon Sablone provides commentary about how buyers and sellers can help avoid disuptes with each other or with another group of interested parties post-acquisitions.

The Biggest Banking Cases of 2014: Midyear Report

Law360 | July 25, 2014

This feature story focuses on some of the most prominent banking rulings and resolutions in 2014. DC Government Investigations & White Collar Defense partner Grayson Yeargin discusses BNP Paribas’ agreement to pay just under $9 billion to federal and New York state regulators to settle violation of U.S. sanctions claims.

Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

Law360 | July 25, 2014

Buffalo Commercial Litigation associate Tracey Ehlers, Buffalo Commercial Litigation partner Viv Quinn, and Chicago IP Counseling & Transactions partner Janet Garetto discuss federal courts’ increased attention to the ascertainability of class members especially in the food and beverage industries where consumers do not typically retain receipts.

Minimum-Wage Increase Attacks Advantages of Franchising

The Legal Intelligencer | July 25, 2014

New York City partner and leader of the Franchise & Distribution practice Craig Tractenberg discusses efforts by the International Franchise Association (IFA) and five franchisees seeking to block a law to increase Seattle's minimum wage given its potential impact on the franchise method of doing business.

Azamat Tazhayakov verdict could affect related court cases

Boston Globe | July 22, 2014

Boston Government Investigations & White Collar Defense partner Brian Kelly discusses the implications of the obstruction of justice conviction of one of the Boston Marathon bomber’s friends.

Experts don't buy claims of Boston bias

Boston Herald | July 22, 2014

Boston Government Investigations & White Collar Defense partner Gerry Leone provides commentary on the issue of local jury pool bias.

5 Takeaways From Latest US Sanctions Against Russian Cos.

Law360 | July 22, 2014

Washington, DC, Business Transactions counsel Alexandra Lopez-Casero and Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin discuss the latest round of U.S. sanctions against Russia and what these mean moving forward.

D.C. Circuit Upholds Attorney-Client Privilege In Internal Compliance Investigation

Mondaq | July 21, 2014

Boston Government Investigations & White Collar Defense partner Danielle Pelot and Washington, DC, Government Investigations & White Collar defense associate Emily Harlan authored this column discussing the DC Circuit Court's decision clarifying that an attorney-client communication is protected as long as “one of the significant purposes” of the communication is obtaining or providing legal advice.

Nixon Peabody Lands DarrowEverett White Collar Partner

Law360 | July 16, 2014

This feature story highlights the arrival of Providence Government Investigations & White Collar defense counsel Chuck Tamuleviz.

CCOs Not Immune to SEC Charges When Agency Finds They Neglect Their Duties

ACA Insight | July 14, 2014

New York City Government Investigations & White Collar Defense counsel Brad Mirkin provides commentary in this feature article discussing consequences chief compliance officers face when failing to meet their compliance obligations.

U.S. Granted Ex-Star Scientific CEO Rare Blanket Immunity

Richmond Times-Dispatch | July 12, 2014

Boston Government Investigations & White Collar Defense partner Brian Kelly discusses federal prosecutors’ strategy for offering immunity in some cases and how this impacts the potential success of a case.

A Jury Full of Questions: Jurors, judge at Probation trial active players in courtroom

CommonWealth | July 11, 2014

Boston Government Investigations & White Collar Defense partner Gerry Leone provides commentary on active jury participation in the federal corruption trial of former state probation officials.

BNP Paribas OFAC Settlement — Another Warning To Banks

Law360 | July 10, 2014

Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin and associate Lindsey Nelson authored this column discussing increased settlements involving violations of U.S. sanctions by major financial institutions.

Don't Miss It: Hot Deals & Firms We're Following This Week

Law360 | July 10, 2014

Gannett Co., Inc.’s acquisition of seven Texas television stations from London Broadcasting Company for $215 million is highlighted among the top deals this week. Nixon Peabody represented Gannett. The deal team noted in the coverage includes Public Company Transactions practice group leader John Partigan, Labor & Employment partners Brian Kopp and Michael Hausknecht, Tax partner Christian McBurney, Antitrust partner Gordon Lang and counsel Alycia Ziarno, and associates Tiana Butcher and Pierce Han.

Rule Limiting Privilege Log Practice to Take Effect

Commercial Litigation Insider | July 09, 2014

This coverage highlights new Rule 11-b, signed by New York Chief Administrative Judge Gail Prudenti, which will instruct parties to meet at the outset of the case and afterward to discuss the scope and parameters of privilege review. Rochester Commercial Litigation partner David Tennant, co-author of the rule, is quoted.

Medicaid Act May Offer Cause of Action against Rate Cuts

Law360 | July 09, 2014

Manchester Commercial Litigation associate Anthony Galdieri authored this column discussing whether Section 13(A) of the Medicaid Act is enforceable in court by private litigants.

Life After Aereo: TV Startups Continue With Little Worry

Mashable | July 09, 2014

Boston IP Litigation partner Gina McCreadie provides commentary in this feature story discussing the state of the TV startup industry after the U.S. Supreme Court’s decision about the streaming service Aereo.

Gartner Lists Top Info Security Tech

Law Technology News | July 08, 2014

Director of IT operations and e-discovery services John Roman provides commentary on the top 10 information security technologies as determined by leading information technology research and advisory company Gartner Inc.

Madoff Ruling Blocks Risky Expansion of U.S. Bankruptcy Law

Law360 | July 07, 2014

Boston partner and co-leader of the firm’s Commercial Litigation practice Jon Sablone discusses U.S. District Judge Jed Rakoff’s decision regarding foreign investment funds related to the Madoff fraud.

Can a Deponent Huddle with Counsel During a Deposition Time-Out?

DRI Trials and Tribulations Newsletter | July 03, 2014

Providence Commercial Litigation counsel Steven Richard authored this column discussing divergent court rulings and whether a deponent may confer with counsel during a deposition break and whether the content of the communication is discoverable.

Bradley Mirkin to Nixon Peabody

Securities Lending Times | July 03, 2014

New York City Government Investigations & White Collar Defense counsel Brad Mirkin’s arrival at the firm is highlighted in this article.

Lawyers Weigh In On Supreme Court's Hobby Lobby Ruling

Law360 | June 30, 2014

Boston Commercial Litigation associate Danielle McLaughlin provides commentary on why the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores Inc. is significant.

Lawyers Weigh In On Supreme Court's Aereo Ruling

Law360 | June 30, 2014

The U.S. Supreme Court’s decision in American Broadcasting Companies Inc. et al. v. Aereo Inc. is discussed by industry attorneys including Boston IP Litigation partner Gina McCreadie.

Fed. Circ. May Ditch Rigid Stance after High Court Reversals

Law360 | June 27, 2014

Silicon Valley IP Litigation partner Shawn Hansen discusses the U.S. Supreme Court's repeated reversals of patent decisions by the Federal Circuit.

Supreme Court Rules against Aereo

New England Cable News (NECN) | June 25, 2014

Boston IP Litigation partner Gina McCreadie discusses the U.S. Supreme Court’s decision in American Broadcasting Companies Inc. et al. v. Aereo Inc.

Supreme Court Decision in ABC v. Aereo

WBZ-AM (Boston CBS News) | June 25, 2014

In this radio segment, Boston IP Litigation partner Gina McCreadie discusses the U.S. Supreme Court’s decision in American Broadcasting Companies Inc. et al. v. Aereo Inc.

Lawyers Weigh In On High Court's Halliburton Ruling

Law360 | June 23, 2014

New York City Commercial Litigation partner Chris Mason provides commentary on the importance of the U.S. Supreme Court’s decision in Halliburton Co. et al. v. Erica P. John Fund.

Will Remote Trial Testimony Become More Accepted In Civil Trials With Enhanced Technology?

Federal Bar Association's Side Bar | June 20, 2014

Providence commercial litigation counsel Steve Richard authored this piece discussing use of remote trial testimony in civil cases under Federal Rule of Civil Procedure 43(a).

Lawyers Weigh In On High Court's Software Patent Ruling

Law360 | June 19, 2014

Silicon Valley IP litigation partner Shawn Hansen and Washington, DC, IP Counseling & Transactions professional specialist Rob Pilaud provide commentary on the Supreme Court’s decision in Alice Corp. v. CLS Bank ruling that computerized abstract ideas are not patent eligible.

Hernandez Defense Subpoenaed Medical Records from Patriots

WFXT-TV (FOX Boston) | June 17, 2014

In this live Q&A, Boston Government Investigations & White Collar Defense partner Gerry Leone discusses efforts by counsel for former NFL player Aaron Hernandez to secure his medical records from his former team.

5th Circ. Continues Trend Against 'Innovator Liability'

Law360 | June 16, 2014

Boston Commercial Litigation partner Chris Allen and Boston Commercial Litigation associate Josh Barlow authored this column discussing the decision in Eckhardt v. Qualitest Pharmaceuticals Inc., which rejected theories of “innovator liability” asserted against manufacturers of branded drugs.

Bloom Sworn in as Bar Association President

Buffalo News | June 13, 2014

Buffalo Commercial Litigation counsel Laurie Bloom is featured in this article noting the new leadership of the Erie County Bar Association. Laurie is the 108th president of the Association.

The Record

Rochester Business Journal | June 13, 2014

This coverage notes that Rochester Commercial Litigation associate Erik Goergen has joined the Literacy Volunteers of Rochester Board of Directors.

Discovery Process Can Hold Key to Resolution of Legal Case

Rochester Business Journal | June 13, 2014

Commercial Litigation partner and Rochester office managing partner Carolyn Nussbaum provides commentary in this feature story on the discovery process.

Law: Preparation, prompt response limit impact of disputes

Rochester Business Journal | June 13, 2014

Rochester Business Transactions partner Jeff LaBarge and Rochester office managing partner Carolyn Nussbaum authored this column on preparation for business disputes.

People on the Move

Boston Business Journal | June 12, 2014

This news brief notes that Boston Government Investigations & White Collar Defense associate Hannah Bornstein earned the 2014 Outstanding Pro Bono Mentor Award from the Political Asylum/Immigration Representation Project (PAIR) for her pro bono commitment to representing asylum-seekers.

Tsarnaev to seek change of venue for federal trial

Boston Globe | June 12, 2014

Boston Government Investigations & White Collar Defense partner Gerry Leone provides commentary regarding the Boston Marathon bombing suspect’s defense team's proposal to move the trial location.

Beginning of the End of Picard's Madoff Miracle?

Law360 | June 06, 2014

Partner and Commercial Litigation practice co-leader Jon Sablone and Boston Commercial Litigation associate Danielle McLaughlin co-authored this column on the latest battle in the war over the redistribution of earnings as between the “net winners” and “net losers” in Bernie Madoff’s Ponzi scheme.

You Say 'Insolubly Ambiguous,' I Say 'Reasonably Certain'

Law360 | June 04, 2014

Boston partners Maia Harris and Mark FitzGerald and associate Shayne Huff authored this column discussing the U.S. Supreme Court’s unanimous decision in Nautilus Inc. v. Biosig Instruments Inc.

California Tries to Plug Retail Data Breaches

Law360 | June 04, 2014

San Francisco Commercial Litigation partner Karl Belgum authored this column discussing how state governments, especially in California, are struggling to keep up with the large number of major data breaches affecting consumers.

High Court Nixes ‘Amenable to Construction,' ‘Insolubly Ambiguous' Indefiniteness Rules

Bloomberg BNA | June 03, 2014

Chicago IP Counseling & Transactions partner Paul Kitch and Silicon Valley IP litigation partner Shawn Hansen provide commentary on the U.S. Supreme Court’s decision in Nautilus Inc. v. Biosig Instruments Inc.

Analysts Mull Motives As Feds Drop Two Charges In Probation Case

State House News Service | June 02, 2014

Boston Government Investigations & White Collar Defense partner Gerry Leone discusses a decision by federal prosecutors to drop mail fraud charges related to two probation hires in their ongoing trial against three former probation officials.

Lawyers Weigh In On High Court's Induced Infringement Ruling

Law360 | June 02, 2014

Chicago IP Counseling & Transactions partner Paul Kitch and Silicon Valley IP Litigation partner Shawn Hansen provide commentary on the U.S. Supreme Court's decision in Limelight Networks Inc. v. Akamai Technologies Inc.

Consequences of Criminal Convictions

American Bar Association "Sound Advice" | June 01, 2014

In this audio segment, Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin discusses the new and unfamiliar situations the guilty party may face.

Medicaid Rate Challenges in the Wake of Douglas

DRI Medlaw Update | June 01, 2014

Litigation department co-chair Scott O’Connell, Manchester Commercial Litigation partner Gordon MacDonald and Manchester Commercial Litigation associate Anthony Galdieri authored this column discussing whether the Medicaid Act is a mandate to ensure efficient, economic and quality medical care to Medicaid patients or simply a vehicle for states to access federal funds to help balance state budgets.

Lab I.T. Put to the Test

Health Data Management | June 01, 2014

Partner and leader of the firm’s Privacy & Data Protection practice Linn Freedman and Providence Government Investigations & White Collar Defense associate Kathryn Sylvia discuss provisions under a federal rule to give patients or designated representatives the right to receive copies of medical test results from most clinical laboratories.

Food Labeling Claims: Differing Approaches

Product Liability Law & Strategy | June 01, 2014

Buffalo Products: Class Action, Trade & Industry Representation partner Viv Quinn and associate Tracey Ehlers authored this column discussing how courts are deciding whether and on what basis to certify class actions involving food and beverage products.

New Arrest in Boston Marathon Bombing Case

WBZ-TV (CBS Boston) | May 30, 2014

Boston Government Investigations & White Collar Defense partner Gerry Leone discusses a new arrest in the Boston Marathon bombings investigation.

9 Tips to Safely Use Cloud Storage

Law Technology News | May 29, 2014

Director of the firm’s Electronic Discovery and Information Technology Operations team John Roman authored this column providing recommendations to consider when choosing a cloud-based file storage provider.

John Connolly's murder conviction voided

Boston Globe | May 28, 2014

Boston Government Investigations & White Collar Defense partner Brian Kelly discusses a Florida appeals court’s decision overturning the murder conviction of corrupt FBI agent John J. Connolly Jr., Whitey Bulger’s longtime handler.

Ex-FINRA Enforcement Attorney Joins Nixon Peabody

Compliance Intelligence | May 28, 2014

This feature story highlights the arrival of New York City Government Investigations & White Collar Defense counsel Brad Mirkin.

Trial Lawyer by Day, Cowboy on Nights and Weekends

Boston Business Journal | May 23, 2014

Partner and co-leader of the firm’s Litigation Department Scott O’Connell, who owns a 15-acre farm in Amherst, New Hampshire, is profiled in this feature story.

Contacts

Scott O'Connell

Partner
Chair, Litigation Department
Practice Group Leader, Class Actions & Aggregate Litigation

soconnell@nixonpeabody.com

Phone: 617-345-1150

Anthony Barron

Partner
Vice-chair, Litigation Department

abarron@nixonpeabody.com

Phone: 415-984-8309

  • Recognized by U.S. News-Best Lawyers 2017 as a national Tier 1 leader for Commercial Litigation, Litigation—First Amendment, Litigation—Labor & Employment, and Mass Tort Litigation/Class Actions—Defendants, as well as 2016 “Law Firm of the Year” in Health Care Law
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    • Nine litigators recognized as “Local Litigation Stars”

Groundbreaking Class Action Returns $110 Million to JUA Policyholders

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