Michael G. Gordon💡

⚖️ Greenberg Traurig has launched a new legal blog focused on the intricacies of Chapter 93A, the Massachusetts Consumer Protection Act. The firm’s Massachusetts Chapter 93A Insights explores Chapter 93A, discussing the legal landscape of consumer rights and business responsibilities, and provides valuable insights and information to help understand and navigate this area of law and its impact on businesses. The blog will be edited by Litigation Shareholder David Thomas and Litigation Associate Angela Bunnell. 💻 Read more in our press release: https://buff.ly/3TkhZD1. #GTNews #GTBlogs #MassachusettsLaw #ConsumerProtection #GTBoston

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I have a new blog post "Have the Delaware Courts Become Pro-Plaintiff and Anti-Business?" in which I discuss Jonathan Macey's new essay "Leaving Las Vegas?" I also pull in comments Anthony Rickey made on Jon's article. I conclude that Jon's essay is a very important contribution to the ongoing debate over the direction of Delaware law and the challenges to Delaware's historic dominance of the market for corporate charters. As Macey observes: Vice Chancellor Laster and Chancellor McCormick have expressed displeasure with Delaware statutes that they likely will be called upon to construe. A reasonable corporate planner thinking about how a statute will be interpreted and applied would expect that the judges’ disdain for a statute inevitably would affect these interpretations and applications." Despite these challenges, Macey remains cautiously optimistic. He notes that Delaware’s competitors face their own hurdles, and the state’s advantages—efficiency, legal expertise, and a comprehensive statutory framework—remain unmatched. As long as Delaware can maintain its reputation as marginally better than its alternatives, it will likely retain its position at the top. https://lnkd.in/g9bs3WyD

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A prominent New York City real estate law firm is hiring an attorney to join its litigation practice group. The candidate must have 10 years of experience from pleadings to trial in state Supreme Court or federal courts. Candidates must be able to research and draft motions in complex real estate litigation cases. Must demonstrate current experience in drafting pleadings, motions and complex settlement agreements as well as participate in all phases of court including arguing motions and conducting and defending depositions. Real Estate litigation a +. The firm excels by solely practicing real estate law and only taking on projects and cases where it is among the best in its field. Honors & Awards: · Crain’s Best Places To Work (2010,2012, 2016, 2017, 2018, 2022) · Chambers USA: One of New York’s Top Real Estate Litigators: (2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2021, 2022, 2023) · Best Lawyers: The Best Lawyers of New York City for Real Estate Law (2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023) · Top 100 Super Lawyers (2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023) · Highest “AV” rating from Martindale-Hubbell (2011, 2012, 2013, 2014, 2015, 2021, 2022, 2023) · Bar Register of Preeminent Lawyers · Commercial Observer Most Powerful Real Estate Attorneys (2015) · America’s Top 100 Bet-The-Company Litigators (2021, 2022) · American Lawyer: Top Rated Litigators (2017) · Ranked as New York’s Best & Brightest Company to Work For (2017, 2018, 2019, 2020, 2021, 2022, 2023) Revenue sharing for all attorneys: The Revenue Sharing Plan offers a competitive compensation system to all attorneys. Each attorney receives 1/3 of the hours billed by that attorney and then collected by the firm (in addition to 20% bonuses paid to the attorney for introducing a client to the firm). Assuming 1/3 of the cash revenue on billed time is greater than the amount of advance compensation paid, the difference will be paid as a bonus. In addition to the revenue sharing program, attorneys are able to make supplementary revenue based on the amount of business they bring in. When an attorney brings in new business they will receive a percentage of that new business (20%), on top of the compensation revenue program. Every attorney at the firm receives 1/3 of their collected billable time and any attorney who brings in business will receive a higher amount to be negotiated. Benefits include Rolls Royce of Health Insurance Plans, Firm Funded Dental and Vision Insurance, Flexible Spending Accounts, Matching 401(K) plan, Commuter benefits, Subsidized 80% Gym Memberships. Every attorney receives their own office with a spectacular view. Portable Business: The firm is very busy and no attorney is required to bring portable business or any business to the firm nor is there any requirement to bring in business to make partner at the firm. Please send resume to [email protected]

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We're midway through 2024 already, which means it's time for a mid-year review of the lateral attorney moves throughout the New England market. 🔸 Litigation remained the hottest practice area, followed by Corporate, Intellectual Property, and Labor & Employment. 🔸 There have been a total of 551 moves by attorneys at all levels (76.4% of them in Massachusetts) since Jan. 1st. Of those 551 moves, 141 were Partners, 80 were Counsel and 303 were Associates. The remaining 27 included attorneys in government, judicial, and other roles. 🔸 Only 53 attorneys (9.6%) moved to in-house roles while 471 attorneys (85.5%) moved to another law firm. 🔸 Those graduating law school between 2019 - 2022 were most in demand. 🔸 72 people graduating from Suffolk Law made moves, 60 from Boston College Law, 37 from Harvard Law, and 35 from Boston University Law School. There were a total of 648 moves during the second half of 2023 (vs. 555 during the first half of 2023), so looking ahead to the second half of 2024, lateral hiring could be even more active! There's still plenty of time to make a a move if you're seeking a new opportunity. Reach out to me at [email protected] if you'd like to discuss your options. #midyearreview #marketknowledge #newenglandlaw #BostonLegal #attorneys #lawyers #lateralhiring #recruiting Tiffany Ambrose, Esq. Emily Lam, Esq Emily Chamberlin, esq. Data from Firm Prospects, LLC

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In a recent blog post, I asked "Have the Delaware Courts Become Pro-Plaintiff and Anti-Business?" We have a new data point: Delaware Chancellor Kathaleen McCormick's new decision in Tornetta v. Musk, the long running saga of a random shareholder who owned a handful of Tesla shares serving as the named plaintiff in a class action brought by plaintiff lawyers to challenge Elon Musk's 2018 pay package. At trial, McCormick treated Musk as Tesla's controlling shareholder, using a theory that pushed the boundary of control to the breaking point. Her trial opinion stands as an example of the reflexive hostility towards controllers that she and at least one other member of the Delaware Chancery Court now routinely display. See my article "A Course Correction for Controlling Shareholder Transactions," https://lnkd.in/gb-dG6cR. After trial, Tesla has a second shareholder vote on the pay package, which was overwhelmingly approved by the disinterested shareholders. Yet, McCormick has now invalidated that vote as well. https://lnkd.in/gqiCCkme Jonathan Macey has recently observed that "The suspicion towards controlling shareholders in some Delaware courts stands in sharp contrast to the courts’ veneration of the plaintiff’s bar." https://lnkd.in/gTnmbW4P In context, McCormick's court is clearly one of the ones of which he speaks. McCormick's latest opinion continues that trend. The plaintiff lawyers are granted a whopping award of $345 million. Admittedly, she slashed the plaintiff lawyers' initial request for $5.6 billion dollars in fees, which she merely characterizes as a "bold ask," rather than the insanity that it was. MCCormick then rejects the idea that the lawyers' fees should have any remote resemblance to the number of hours they worked, which absurdly is Delaware law. But the opinion acknowledges that the plaintiff's lawyers claim they worked 19,499.95 hours on the case. That works out to $17,692.31 per hour. Which strikes this observer as being at least as offensive as Musk's allegedly excessive compensation. After all, unlike litigators, at least Musk actually makes something socially useful. On top of which, the opinion is full of none-too-subtle praise for the plaintiffs' lawyers and lots of none-too-subtle digs at the defense counsel. It's not too late for the other members of the Delaware courts to undertake a course correction. I've proposed one that would restore a more balanced approach that holds controllers accountable but only when they deserve to held to account. https://lnkd.in/g9bs3WyD

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Earlier this week, partner Scott Coffina touched on crisis management plans, how to prevent a situation from becoming a crisis, and how to respond effectively in part-one of his two-part series for the New Jersey Law Journal. In “Navigating the Storm: Pulling Through a Crisis When The Worst Is Over (Part 2)”, Scott discusses how an organization can successfully move forward once the “acute phase” of a crisis subsides.   Scott suggests that successfully managing the aftermath of a crisis typically involves four specific elements: (1) support those affected; (2) investigate what happened and how the organization responded; (3) take corrective action to avoid similar issues; and (4) liaise with local, state, and federal authorities. Handling the aftermath of a crisis strategically and compassionately allows leaders not only to put the immediate crisis behind the organization, but also to refocus on the organization’s mission and help restore and perhaps even enhance the organization’s standing in the community.   Read part two here: https://lnkd.in/eAVBWHHR

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OPINION | New rule empowers judges to contain ‘fee inflation’ by counsel: It gives judges a greater function in determining how much the winning counsel can charge. https://lnkd.in/dW_UKG6H

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Employment Law Update: As of August 28, 2024, New York State's Freelance Isn’t Free Law (FIFL) is now in effect, extending protections to freelancers statewide. This law expands on NYC’s groundbreaking Freelance Isn’t Free Act, offering greater protection, enforcement measures, and stricter contract requirements. Nonprofits are also required to comply with these new standards. Learn about key features, remedies for violations, and tips for ensuring compliance in our latest Employment Law Update from Lisa Brauner! https://bit.ly/3ZOOa1t

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📢 Attention Law Firm Leaders: Retaining Legal Talent in Today’s Market Requires Adaptability! I recently spoke with a talented young attorney—a dual-licensed 3rd-year associate in NY and NJ—who is actively seeking to leave their current firm. Their reasons highlight what not to do if you’re serious about retaining your legal talent. Here’s their situation: ✅ Experienced in Real Estate, Education, Employment, and Contractual law. ✅ Works at a small, 10-person firm representing a school board as outsourced GC. Why are they leaving? No Growth Opportunities: The firm offers no clear career path or incentive compensation. Outdated Culture: Traditional in all the wrong ways—paper files, fax machines, suits-only dress code. Work-Life Imbalance: 50-60 hour workweeks with no hybrid or remote options. Low Compensation: Salary is 20% below market average. Lackluster Benefits: Poor offerings that don’t meet industry standards. What are they seeking? 👉 A firm with a modern, tech-savvy approach. 👉 A positive, growth-oriented culture with work flexibility. 👉 Competitive compensation and benefits that align with their career stage. Key Takeaway for Law Firms: If your firm operates like it’s still 1999, your best talent will leave for firms that embrace the realities of 2024. Today’s top attorneys—especially younger ones—value: -Modern technology and efficient practices. -Work-life balance and hybrid options. -Transparent career advancement and rewards for performance. -A progressive culture that attracts and retains top talent. The legal talent market is competitive. Is your firm doing enough to keep up? Let’s discuss how firms can adapt to retain top-tier attorneys before they start looking elsewhere. 💼 #LegalTalent #AttorneyRetention #ModernLawFirm #LegalRecruiting #AdvancedDynamics

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In 2021, the Massachusetts Supreme Judicial Court Standing Committee on Lawyer Well-Being published a report documenting challenges impacting the well-being of attorneys, judges, and law students from underrepresented and historically excluded populations in the legal profession. This month, the Affinity Bars of Massachusetts published a series of proposals with concrete actions essential for the legal community to address the stressors, burdens, and barriers to entry faced by these populations. These proposals are specific and actionable by legal organizations and law departments. These are helpful tools for any workplace that desires changes to support equity and justice, ensuring a more just and inclusive profession and legal system. #lawyerwellbeing #wellbeinginlaw #inclusion #lawpractice #justice #equity

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In today’s Environmental Law & Litigation client alert, Lowenstein’s John Stolz, Mark Heinzelmann, and Brian Winfield explore the NJ Department of Environmental Protection's Proposed Rule, which would require reporting of contamination found during environmental due diligence, thereby potentially reshaping New Jersey's real estate market. Read the full alert: https://bit.ly/3CK0R48 #environmentallaw #realestatelaw #newjersey #environmentalprotection #environmentalsustainability

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🚨 NJ Appellate Division Decision – Jurisdictional Law on Sex Abuse Litigation 🚨 On February 28, 2024, the NJ Appellate Division decided E.T., A.M., A.R., and others v. The Boys and Girls Clubs of America, reversing the lower court's decision that New Jersey courts have specific personal jurisdiction over the Boys and Girls Clubs of America (BGCA) in a case involving allegations of sexual abuse by a counselor within The Boys and Girls Clubs of Hudson County. This pivotal decision highlights the complexities of jurisdictional law, particularly in cases involving national organizations with local affiliates.   In this case, the plaintiffs alleged they were sexually abused by Arthur Freudenberg, a part-time counselor for the Hudson County BGC, between approximately 1978 and 1982. They sought compensatory and punitive damages from the local entity and the national organization, BGCA. However, jurisdictional discovery showed that BGCA, based in Georgia, did not have direct control over the local club's hiring, training, or supervision practices, including those of Freudenberg. The Appellate Division found that BGCA's connection to New Jersey, through affiliation and brand used by the Hudson County BGC, did not constitute purposeful availment of New Jersey jurisdiction concerning the allegations.   This decision significantly marks the limits of specific personal jurisdiction and underscores the need for clarity in the operational relationships between national organizations and their local affiliates.   Read the Full Decision Here: https://lnkd.in/ePagx6NE   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 No aspect of this advertisement has been approved by the Supreme Court of #NewJersey   🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. 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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Lots of lawfirms are publishing summaries of the new final rule on pregnancy accommodations so I'm not going to make you read yet another one. But what does this mean for Connecticut employers? After all, Connecticut has had its own law on the subject since 2017. As it turns out, both rules are going to be interpreted pretty similarly. First a primer. Connecticut already had rules that: - Workers are entitled to reasonable accommodations for pregnancy, childbirth, and related conditions. - Workers are entitled to reasonable leaves of absence due to disability resulting from pregnancy. - Workers are entitled to reasonable accommodations and reasonable leaves of absences for any pregnancy-related condition or symptom. - Workers are entitled to reasonable accommodations for lactation needs. - Workers are entitled to confidentiality and an “employee may choose to keep any medical diagnosis confidential. Likewise, an employer should not directly contact the employee’s doctor without first obtaining the employee’s permission.” In many respects, the EEOC regulations have similar protections — just now at a federal level giving employees nationwide coverage. Indeed, much has been made of the EEOC’s definition of covered “related" conditions which now include abortion. But the CHRO guidance also discussed coverage for related conditions including the “loss or termination of pregnancy”. The EEOC rule also makes it clear that an employer might need to temporarily eliminate an essential function of the job for up to forty weeks (or the typical length of a full-term pregnancy). This too, is fairly consistent with Connecticut’s rule that accommodations may include job restructuring or light duty work. Both the EEOC and Connecticut guidance have a similar non-exhaustive list of accommodations that can be considered reasonable. The EEOC goes one step further by stating that four types of accommodations will be deemed to be reasonable calling these “predictable assessments”. Thus, in virtually all cases, employers will need to grant them absent a showing a undue hardship. These include: -Allowing an employee to carry or keep water around the work area; -Allowing additional restroom breaks; -Allowing an employee to sit or stand; -Allowing an employee to take breaks to eat or drink. The EEOC’s regulations do seem to go a bit beyond Connecticut’s in limiting the situations in which documentation is required and explicitly prohibiting it for certain types of instances (such as when the employee is requesting one of the “predictable assessments” above). Thus, employers should exercise caution when seeking additional documentation in support of the pregnancy. Overall, many of the requirements outlined by the EEOC will be familiar to employers in Connecticut. While some adjustments may be needed as to how employers should handle pregnancies and accommodations, most of these will be modest. For more, see my full link in comments below.

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🏙 New York Wednesday Job Market Update 🏙 Current Am Law 200 and elite boutique law firm openings in New York: ⚖️ Litigation: 105 👔 Corporate Law: 100 Are you interested in hearing about new opportunities? Please feel free to reach out to discuss firms and class year. #NewYorkLegalJobs #LegalRecruitment #CorporateLaw #Litigation #NewYorkWednesday

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Legal disputes among LLC members or shareholders in New Jersey often depend on equitable principles. In this blog post, Kevin O'Connor, P&A partner, chair of the firm’s Business Litigation practice, and vice chair of the firm’s Labor & Employment practice, explains how these principles influenced a recent case to demonstrate why keeping your ‘hands clean’ is crucial in litigation. #construction #constructionlaw #PeckarAbramson

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🏈 Happy #DraftDay! This evening officially kicks off the 2024-2025 NFL season with the hotly-anticipated NFL Entry Draft! Yet, since most of us aren't football players, here's some NJ / PA Legal Market intel (draft style!) ⤵ 📊 So, in the spirit of the NFL Draft (and the onslaught of Mock Drafts), here’s the equally-exciting 2024 Q1 Legal Practice Area Draft for NJ / PA Lateral Hires, including some bonus picks and commentary! 🏈 2024 Q1 Legal Practice Area Draft for NJ / PA 🏈 Pick 1️⃣: Litigation (43% of Q1 hires) No surprise here. Litigation, as such a broad classification, reigns supreme, especially in its consistent needs within its Commercial, Insurance Defense, MedMal, and General Liability subpractices. Litigation will almost always be the five-star quarterback equivalent of the Legal Practice Area Draft. Pick 2️⃣: Labor & Employment (11% of Q1 hires) L&E continues to surprise as an increasingly in-demand practice area (trending upward since last year), in both traditional L&E practices and more specialized areas like L&E Counsel, ERISA, and Executive Comp and Benefits. Pick 3️⃣: Corporate Practices (8.2% of Q1 hires) Slowly but surely, Corporate Practices are waking from their usual Q4 hiring slumbers, and are now offering several M&A, Outside Counsel, and General Corporate Practice opportunities, from boutiques to AmLaw, and everywhere in between. Pick 4️⃣: Insurance Coverage (8% of Q1 hires) Laws change and insurance carriers scramble. Such is the impetus for Insurance Coverage, a rapidly-growing transactional Insurance sub-practice seeking talented attorneys to determine if new laws will affect liability for past events. Pick 5️⃣: Intellectual Property (7% of Q1 hires) One of the most fascinating picks in the draft, due in equal part to the inherent intrigue the practice area inspires and its stark stratification. As for the latter, Patent Attorney / Agent openings are ubiquitous, while Soft IP needs are much more elusive. Dark Horse 🐎: Data Privacy (4% of all Q1 hires) Smart homes, self-parking cars, artificial intelligence, machine learning, pre-sliced bread? Rapid tech evolution necessitates attorneys eager to tackle novel challenges at the intersection(s) of tech and law. Data Privacy / Cybersecurity Law is only going to continue climbing the ranks. Value Pick 💰: T&E (3% of all Q1 hires) The antithesis to Data Privacy above; T&E may not be the new kid on the block, or subject to the ebbs-and-flows of other practices, but it will always, always, always, be in-demand. Any shocking selections? Sudden risers? Slept-on practices you think should have made the Top 5? Let me know in the comments below ⤵ Plus, my Team and I are actively working on hot posted and unposted opportunities within these practices across the NJ / PA region, so there may be a fit for you! Corey Vail Sautner, Esq. [email protected] 908-510-5033 LinkedIn DM's Welcome #LegalHiring #LegalCareers #LawFirmHiring #LawFirmCareers #LegalMarket #LHH

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