Andrew Bauer

Herrick's Restructuring & Finance Litigation co-chair, Sean O'Donnell, spoke with The Wall Street Journal - Pro Bankruptcy about a recent ruling by the Second Circuit which affirmed the dismissal of all claims in In re: Boston Generating, LLC—a matter that has been litigated for over a decade involving fraudulent conveyance claims arising from a $2 billion leveraged recapitalization. In so doing, the Second Circuit ruled that the Bankruptcy Code’s safe harbor provision for securities contracts payments, 11 U.S.C. § 546(e), applied to the leveraged buyout and pre-empted the plaintiff-appellant-trustee’s state-law fraudulent conveyance claims, which attempted to claw back approximately $708 million from the defendants-appellees. Herrick represented the largest ad hoc group of defendants-appellees in this matter. Read more here: https://lnkd.in/exHT3VVa. #HerrickDoesThat #Restructuring #Litigation

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New Blog Post Alert! Check out Steve Vargas' latest blog post, which discusses the Barker v. Rokosz case. Whether you're looking for expert insights or practical takeaways, this post has it all. Head over to our blog and give it a read—don’t forget to share your thoughts in the comments! #LegalInsights #BlogPost #CaseAnalysis #ExpertAdvice https://lnkd.in/eMUrxduX

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🚨DWI Conviction Appeal: The importance of Procedural Compliance in The Judicial System🚨 On April 4, 2024, the NJ Appellate Division decided the consolidated cases of State of New Jersey v. Wongyu Jang and State of New Jersey v. Sasha Quashie, which reversed the convictions of both defendants due to critical procedural errors. This significant ruling underscores the importance of procedural compliance in the judicial system. Both Jang and Quashie were initially convicted of DWI and related offenses in municipal court. Their appeals to the Law Division were decided without the mandated hearings, violating court rules and due process rights. The Appellate Division criticized the lower court's failure to allow the defendants to argue their cases or present briefs, a fundamental right in the appeals process. The court's decision to reverse the convictions and remand for new trials, to be conducted by a different judge, highlights the necessity of adhering to procedural norms to ensure fairness and uphold the integrity of the legal process. Read Full BLG Blog Post Here: https://lnkd.in/eXdBc5QQ Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NewJersey #NJ No aspect of this advertisement has been approved by the Supreme Court of #NewJersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert Bianchi, ESQ., NREMT David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

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Tomorrow, Robinson+Cole Antitrust + Trade Regulation team co-chair Jennifer Driscoll and Labor and Employment Group lawyer Abby Warren will be co-presenting a joint ACC Connecticut - Association of Corporate Counsel and Association of Corporate Counsel –Westchester-Southern Connecticut webinar entitled “Saying Goodbye isn’t the Hardest Part: How Companies Can Protect Themselves Without Non-Competes.” The webinar will offer an in-depth look at the Federal Trade Commission’s (FTC) new rule banning non-competes and practical insight on how to effectively comply. In addition, the webinar will also cover the impact of the new FTC rule on businesses in Connecticut and New York, what companies may want to consider doing while the rule is pending, and what kind of proactive measures companies can take to protect competitively sensitive information. R+C is pleased to be a chapter sponsor of the ACC Westchester-Southern Connecticut. https://lnkd.in/eBp6MCqw #FTC #Noncompetes

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Mandelbaum Barrett PC, led by New York partner Vincent J. Roldan, represents debtor Moxy Restaurant Associates, Inc. (dba Smithfield Hall) in its Chapter 11 proceedings in New York. Smithfield Hall is a popular Irish bar and restaurant located in midtown Manhattan, primarily catering to soccer fans. The bankruptcy case was commenced as a last resort to save the restaurant from aggressive litigation and collection tactics by certain pre-petition creditors. Mandelbaum Barrett PC recently successfully defeated a motion to dismiss the case that had been filed by those creditors.    By filing for bankruptcy, our client is able to continue operating during the “breathing spell” that is provided by the automatic stay (which prohibits further litigation and collection), and it intends to reorganize. Also notably this case was filed using Subchapter V, an efficient and cost-effective method by which small businesses in the United States can use the corporate reorganization provisions of the Bankruptcy Code. This case highlights Mandelbaum Barrett PC’s expertise in this relatively recent and still evolving procedure. #BankruptcyLaw #SubchapterV #BankruptcyCase #LegalVictory

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Always wonderful to see my Major, Lindsey & Africa partner Rob Zinn quoted in Bloomberg. Although the in-house life sciences market has been compressed for the past year or so due to inflation and a tighter investment market, AmLaw 100 firms are adopting the "if you build it, they will come approach." My partners and I look forward to what 2025 promises and are happy to answer any questions you might have about the market or projections. #bostonlifesciences #lifescienceshub #mlaglobal

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NYDFS SUPERINTENDENT HARRIS EXPRESSES CONCERN OVER 2024 FSOC REPORT REGARDING STABLECOIN REGULATION •   In a statement today, Superintendent Harris said: “I must note that this year’s Report amends the Council’s previous recommendation, and now focuses exclusively on the federal role for comprehensive stablecoin regulation. We share the goal of establishing a national framework to protect consumers across the country, but there is an important role for states to play in the regulation of innovative financial services.” •   Harris continued: “Any legislation should take advantage of state and federal expertise, and the states look forward to continuing to work with Congress as they develop a strong regulatory floor at the federal level.” •   Harris was clearly concerned with this statement from the FSOC Report: “While a stablecoin issuer may be licensed in the United States at the state level as a money service business or trust company, in many cases, no single regulator has visibility across all of an issuer’s affiliates. Regulatory arbitrage may have a wide range of financial stability implications if an issuer can operate in a manner that prevents regulators from assessing the totality of an issuer’s risks. . . . [T]he Council recommends that Congress pass legislation that would create a comprehensive federal prudential framework for stablecoin issuers. Such legislation should address run risk, payment system risks, market integrity, and investor and consumer protections, including for entities that perform services critical to the functioning of the stablecoin arrangement” The Superintendent’s statement may be found here: https://lnkd.in/g8uSyqCq The FSOC Report may be found here: https://lnkd.in/g2wFzZek For more on NYDFS, see “The Blog About NYDFS”: https://lnkd.in/ehgw4x5s

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Welcome back to ACC New Jersey's 22nd Annual CLE Conference, where next up we partner with Greenbaum Rowe for "The Challenge of Crisis Lawyering Part II: When DOJ or Regulators Come Knocking (and What Not To Do)." The Department of Justice, the Attorney General, the Securities and Exchange Commission, and the Office of the Inspector General are just a few law enforcement and regulatory agencies whose contact with a company, or its employees can cause in-house and corporate counsel to panic. While few expect that they or their employees will be contacted by these agencies, it happens – and it happens more frequently than some might realize. This presentation will go beyond a discussion of the practical considerations of crisis management for a deeper dive. The program will provide corporate counsel teams with the basic tools needed to prepare for and respond to the four most common ways companies and their employees encounter law enforcement: civil investigative demands, interviews, subpoenas, and search warrants. The panel will address each of these investigative tools, how in-house counsel should respond to them, and the ethical dilemmas that they raise. ACC New Jersey - Association of Corporate Counsel Greenbaum, Rowe, Smith & Davis LLP

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Gordon Rees Scully Mansukhani Partner Alexander Nemiroff was quoted in "A Recent Supreme Court Decision Will Have A Significant Effect On Small Businesses," published by The Philadelphia Inquirer on July 2, 2024. "We’re still telling our clients to continue to prepare their pay practices for compliance to the new rule," commented Nemiroff. "You still have to go under the assumption that the regulation is moving forward." This article explores the Department of Labor's new overtime rule, which increases the salary threshold for mandatory overtime pay and is set to rise further in the coming years. It also discusses the implications of the Supreme Court’s recent Chevron reversal in regard to labor law enforcement. To read the full article, please click here: https://lnkd.in/gNbmt4mJ #employmentlaw #employmentlawyer #overtime #smallbusiness #laborlaw #lawyer #legal #litigation #lawfirm #attorney #grsm #gordonrees #your50statelawfirm

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Cooley lawyers Michael Egan and Liza Cotter will explore the intersection of data privacy, cybersecurity and artificial intelligence in a session at the ACC NYC’s 2024 General Counsel Toolkit on June 6. 📆 View more details at the link below. For more AI resources and to see the team's full capabilities in this evolving space, visit our #CooleyAI page here: https://bit.ly/CooleyAI #AI #artificialintelligence #cybersecurity #dataprivacy

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Law360 has reported on the Delaware Court of Chancery suit filed by Olshan Frome Wolosky LLP client Martin Siegel, a shareholder of global utility and power company The AES Corp., against eleven of the company’s current and former board members, alleging that the company has "weaponized" advance notice requirements in its bylaws to make it “unreasonably difficult, if not impossible,” for stockholders to nominate candidates for the company’s board. Among the amendments the company made in August 2023 to its bylaws, provisions include an “acting in concert” definition that requires any stockholder who nominates a slate of directors to identify a broad assortment of people in order to make the nomination valid and requiring a nominating stockholder to disclose commercially sensitive performance-related fees it could pay if the value of its company stock appreciates. According to the filing, AES Corp. has stated publicly that it amended its bylaws to address the SEC’s universal proxy card rule that went into effect September 2022, which was intended to make it easier for shareholders to nominate alternative director candidates to company boards but has often resulted in companies adopting onerous advance notice requirements that disenfranchise shareholders. The plaintiff’s motion to expedite asserts that if the Chancery Court does not declare the bylaw provisions invalid before the November 26 deadline to nominate directors for the company’s 2025 stockholders’ meeting, the stockholders' franchise rights will be violated and stockholders will be “permanently harmed.” Olshan Chair of Litigation Lori Marks-Esterman and counsel Jacqueline Ma represent the plaintiff in this matter. #OlshanLaw #Delaware #ChanceryCourt https://lnkd.in/exyWgvr7

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Some large firms in Boston are willing to pay top dollar to bring in associates with minimal experience as competition for top talent in the legal field continues to heat up. Andrew Glynn shares his insights with Massachusetts Lawyers Weekly. https://bit.ly/4c4ZzNu #mlaglobal #associates #lawfirms #legalrecruitment

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On September 19, MBJ partners Maura McLaughlin and Sean P. O'Connor will present on the Mass Bankers Association webinar, “Massachusetts Pay Transparency Law & Employer Hot Topics.” Maura and Sean will discuss the new Massachusetts #paytransparency law and other timely employment law topics such as the Department of Labor’s overtime rule, the Federal Trade Commission’s #noncompete rule, and practical tips for multi-state #employers. For more information and to register, visit here: https://bit.ly/3MLgrxQ #EmploymentLaw #LaborLaw #LaborandEmployment

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Check out this Law360 article written by Seth I. Feldman, Esq. & Pierre E. Debbas about how New York co-op boards should transparently disclose minimum sales prices to fulfill fiduciary duties and ensure fair market practices. Click the link below to read the whole article!

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Interesting insights from my partner, Jason Waite, on the potential impacts of the U.S. Department of the Treasury's new outbound investment rule. The rule, which takes effect on January 2, 2025, will restrict outbound investment in Chinese companies in certain sensitive sectors and impose a variety of requirements on U.S. persons and entities.

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Congrats to firm client Andreessen Horowitz on their recent investment in Talkiatry's $130 million Series C! Two significant barriers to delivering high-quality mental healthcare are (1) limited access to psychiatrists and (2) the lack of technology that can improve both the quality and efficiency of care. Talkiatry addresses both of these barriers for the acute end of the behavioral health market—psychiatric care—by offering virtual treatment covered by patients’ insurance. By employing providers directly and embedding into their workflows, Talkiatry standardizes the quality of physician care and influences patient outcomes over time. In a study of over 1,800 patients, 65% of patients with anxiety or depression no longer have clinically significant symptoms after visiting Talkiatry for an average of five sessions.

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Lowenstein’s Matthew Oliver and Pat Thomas will explore the evolving landscape of insider trading liability, from classical theories to recent landmark cases, including the U.S. Securities and Exchange Commission’s shadow trading victory and significant criminal convictions, during a New Jersey State Bar Association webinar on August 27. For more information and to register, please visit: https://bit.ly/3WS5DD1 #insidertrading #whitecollar #lawyers #criminaldefense #shadowtrading

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Robinson+Cole’s Jennifer Driscoll and Abby Warren will present an Association of Corporate Counsel –Westchester-Southern Connecticut webinar entitled “It Ain’t Over Until it’s Over: What Should Companies Do While the FTC’s Ban on Non-Competes Hangs in the Balance?” on October 9. Their webinar will discuss the FTC’s proposed rule on non-competes; federal litigation pertaining to the proposed rule; FTC initiatives directed toward competition in the labor market; an overview of state laws on non-competes; practical advice and proactive measures in these uncertain times; and best practices from an employee relations and legal perspective. https://lnkd.in/dd9yVpnU #noncompetes 

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