Whether as a Sword or Shield, a Proactive Press Strategy Is Essential for Every Litigation Plan

Whether representing a plaintiff initiating a lawsuit or a defendant contesting one, affirmative outreach to the press can serve as both sword and shield. This article explores three steps litigators should follow to develop a vigilant press strategy essential to every litigation plan.

‘Spoofing’ Prosecutions: The DOJ’s Approach

In recent years, DOJ has aggressively pursued spoofing cases under the wire fraud statute and 2020 saw significant developments in this area, including conviction after trial of two commodities traders in September 2020.

Don’t Be ‘Special’: Avoiding Legal Malpractice Claims Under New York’s ‘Special Circumstances’ Rule

Attorneys can minimize potential malpractice liability to non-clients by setting clear boundaries and respecting them on a day-to-day basis.

Gas and Electric Power Lending, Swaps and Hedges: How To Handle the Force Majeure Fallout From the ERCOT Market Disaster

Every impacted market participant is examining its force majeure rights under a plethora of contractual arrangements to determine whether performance may be excused. Banks need to be ready to take advantage of or defend against the invocation of these provisions, depending on the circumstances.

New York Court of Appeals Hands Decisive Win To Business Owners, Holding That They Are Exempt From Vicarious Liability Under the NYC Human Rights Law

The court’s decision created a sweeping new per se rule holding that individual owners do not qualify as “employers”—and, therefore, are exempt from the NYCHRL’s vicarious liability provisions—despite the expansive scope of the statute.