David Kolodny

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

28

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

44

Navigating the complexities of shared parenting arrangements after separation can be challenging, and a common area of concern is understanding the laws around taking your kids on holidays after divorce.  Despite the legal complexities, planning holidays post-divorce can still foster positive experiences and create new family memories. Read our latest blog to understand more about your rights and responsibilities as a parent post-divorce. Legal guidance from experienced family lawyers is invaluable in navigating taking kids on holidays after divorce. Contact us today on 02 4397 4797 or via our website https://setonfamily.law/  #familylaw #familylawyers #setonfamilylawyers

3

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

26

🚨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

7

2 Comments

Dividing private investments during a New Jersey divorce requires careful consideration of their value and how they should be fairly distributed. Whether it’s shares in a private company, partnership interests, or real estate ventures, understanding the process can help you achieve a fair outcome. In my latest blog, I break down key steps and considerations to help you navigate these complex financial issues with clarity. #DivorceLaw #NewJerseyDivorce #FamilyLaw #AssetDivision #PrivateInvestments #PrivateInvestments #EquitableDistribution #OffitKurman #matrimoniallaw https://lnkd.in/e9vXNeXX

20

BILLING DISPUTES ARE NOT LEGAL MALPRACTICE Professional malpractice is complicated because its all about the nuance. A client unhappy with a bill can dispute the bill, but billing disputes cannot form a legal malpractice lawsuit. When a law firm sues a client to collect on an open invoice, the client can raise legal practice as an affirmative defense, i.e., yes the client owes the money but the client is entitled to a setoff due to damages stemming from the law firm's malpractice. What happens when a law firm just fabricates time entries and otherwise lies on the billing? That's not legal malpractice either, that's a breach of fiduciary duty claim. They're similar and related, but they're different torts with different elements, different damages and different standards of care. This recent New Jersey ruling is a classic example of how legal malpractice claims can get complicated. The law firm sued its former client to collect on open invoices. (It was resolved somehow that isn't explained). The former client then, a few years later, sued the law firm for legal malpractice. The trial court dismissed the legal malpractice case because it should have been filed as an affirmative defense and/or counterclaim in the first filed fee dispute. Legal malpractice wasn't a defense to the collection action, but the facts arose from the same common set of facts, and thus it was a mandatory counterclaim. Ironically, the law firm who represented the former client may itself have committed malpractice by not properly presenting the legal malpractice case the first time. Whether you have a potential legal malpractice case or you are facing one, I would be happy to chat.

7

1 Comment

Motion practice allows a litigant to formally request the Court enter an Order providing relief for issues they have been unable to resolve amicably with their partner/spouse/co-parent. If you are in the middle of divorce proceedings, motion practice can be utilized to obtain interim relief pending a final resolution of your divorce matter. Obermayer family law attorney Allison Burkhardt explains what you need to know about motion practice in New Jersey: https://lnkd.in/ehmqmUmr #ChildCustody #Insights #NJFamilyLaw #NJDivorce

8

Attorneys Adam R. Satin and Lynn Hu were honored by Massachusetts Lawyers Weekly at its annual “Leaders in the Law” event for obtaining one of the five largest verdicts of 2023. In McDonald v. Ruberg, the Satin and Hu obtained a $7.56 million verdict against a Boston Medical Center cardiologist who failed to rule out a pulmonary embolism before discharging the patient who collapsed 45 minutes later and died. As reported by MLW, Satin said, “In a complex medical case like this, we tried to emphasize the things that jurors know — before they ever set foot in the jury box — aren’t right. In this case, a woman in the hospital under the defendant’s care decided she was safe to go home and sent her home with a plan to follow up with another doctor in about a month. I said to the jury, ‘She didn’t make it a month, she didn’t make it a week, she didn’t make it a day — she didn’t even make it one hour. Forty-five minutes after she left the hospital she collapsed and died.’ Even before the jury set foot in the jury box they know that doesn’t sound right.” Read the full trial report at: https://lnkd.in/esmxPcbp See also the Mass. Lawyers write up in the Leaders in the Law publication, attached. Questions about medical malpractice? Contact Lubin & Meyer for a free case evaluation. No fee. No obligation. #verdicts #largestverdicts #medicalmalpractice #medicalmalpracticelawyers #leadersinthelaw

11

1 Comment

As a NJ Divorce & Family Law Firm, Lawrence Law prides themselves on offering other approaches to divorce handlings outside of litigation. Divorce mediation is a process that is used to help reach an amicable agreement without a lengthy court battle. Lawrence Law acts as the mediator (a neutral third-party), trained to facilitate negotiations between the parties with the goal of reaching amicable resolution. For more information on Lawrence Law practice areas like divorce mediation, visit https://lnkd.in/eNd7B9hG #njfamilylaw #njdivorcelawyer #lawlawfirm #njlawfirm Jeralyn Lawrence Emily R. Urrico Ashley E. Edwards Kristyl M. Berckes Amy Wechsler Daniel Burton

7

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!

1

🚨 Understanding Warrant vs. Summons Complaints in New Jersey 🚨 In this video, BLG partner Robert Bianchi, Esq. discusses the critical differences between a warrant and a summons complaint in New Jersey. Navigating the legal system can be daunting, especially when facing the complexities of criminal charges. One question that frequently arises is the difference between a warrant and a summons complaint. Bob breaks down these terms, explaining that a summons complaint, identifiable by an 'S' number, allows the accused to be free post-complaint issuance. On the other hand, a warrant complaint, marked with a 'W', signifies a more severe scenario where the accused is detained, photographed, and fingerprinted. This video is essential for anyone seeking clarity on these processes or facing such circumstances -> https://lnkd.in/ez4tP5sx 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 #NJ #NewJersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ No aspect of this advertisement has been approved by the Supreme Court of #NewJersey  Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito Christopher A. Eaton, Esq. Paul A. Di Lella Tricia Howarth Margolis Esq. Christina Hall Maura Lynch Robert Esnes Alessandro Amato

11

7 Comments

A recent ruling by a bankruptcy judge has allowed a debtor to challenge a property transfer as an unlawful taking, citing significant changes in the law following decisions by the U.S. Supreme Court and New Jersey courts. FRB Partner Michael Moskowitz and Creditors' Rights & Bankruptcy associate Melissa Guseynov explore the impact of this decision in their latest article. Read to learn more: https://lnkd.in/gB8rZbsj #FRBLaw #Bankruptcy #CreditorsRights #Foreclosure #NewJersey

8

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 

18

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

11