Leah Bojnowski is a litigator who represents corporate entities of various sizes in industries including investment banking, consumer products and technology in federal and state court as well as in arbitration and before regulatory agencies. Leah is also a member of the firm’s Food, Beverage & Agriculture team and regularly follows trends companies face with respect to packaging, marketing and safety guidelines.
What do you focus on?
I focus on commercial disputes involving the laws regulating securities and financial markets. Recently, I handled litigation involving the proper valuation of a leveraged leasing contract and a dispute between several financial institutions as to the proper calculation of a related contingent payment.
I have handled several class actions, defending issuers and underwriters in shareholder suits, product manufacturers facing claims of false advertising, and insurers in connection with claims relating to asbestos and lead paint. I have also defended retailers and financial institutions in class actions and individual lawsuits brought under the Fair Credit Reporting Act.
I have handled unemployment hearings, as well as litigation under the ADA, Section 1981 and the New York Human Rights Law, and disputes with employees and/or independent contractors before the state department of labor.
I also counsel clients on issues of false advertising, especially in the context of marketing through social media. I help clients set up guidelines for live Twitter chats, interact with media influencers for exposure on popular blogs, and generate traffic on Facebook in order to promote their products. In addition, I advise manufacturers and distributors of consumer products, including food, beverage and cosmetics companies, on labeling and safety requirements as well as advertising guidelines.
I am technology-savvy and have a great deal of experience managing electronic discovery and data retrieval in complex litigation. Using new and cutting-edge tools allows me to help clients control the costs associated with e-discovery.
What do you see on the horizon?
As our digital footprints continue to grow beyond the use of e-mail, the potential costs of electronic discovery loom higher and higher. I follow the developing trends in this field in order to advise clients on best practices for business communication as well as conducting electronic discovery with a manageable, realistic plan.
- “Keeping things Basic: The Supreme Court rules in Halliburton,” Securities Litigation Alert, 6/24/2014.
- “Alternative Dispute Resolution Law,” Annual Review of Developments in Business and Corporate Litigation, American Bar Association. 2008, 2009, 2010 , 2011 and 2012 editions.
- “Second Circuit holds that a plaintiff may plead corporate scienter in securities fraud suit without pleading scienter of any specific individual defendant” 7/7/2008.
- “Supreme Court holds that parties may not agree to expand grounds for vacating or modifying an arbitration agreement under Federal Arbitration Act” 4/1/2008.
Before joining Nixon Peabody, Leah was an associate at Simpson Thacher & Bartlett LLP in New York City.