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LITIGATION

In today’s litigation landscape, “winning at any cost” is seldom an option; “winning on the client’s terms” is essential. At Nixon Peabody, we never lose sight of the fact that disputes are disruptive and costly to our clients, and it is our responsibility to find the most efficient and effective means possible to reach a positive outcome and help our clients get back to business.

The more than 300 litigation attorneys of our international Litigation Department distinguish themselves every day in and out of the courtroom. We have decades of experience representing clients in federal and state courts, the U.S. Supreme Court, and the U.S. Courts of Appeals, as well as in mediation, arbitration, and other methods of alternative dispute resolution (ADR). We manage virtually all forms of disputes, from relatively simple matters to highly complex cases in product liability, class actions, government investigations, employment, antitrust, securities, and all areas for intellectual property, including trade secrets, for clients around the globe.

Winning on the client’s terms

We are laser-focused on our clients’ business interests and objectives, understanding that not all cases require the same approach. Our successes include fending off claims to save companies millions of dollars before litigation arises. We only try cases that should be tried, and aggressively seek alternative solutions when they should not. We work collaboratively with our clients throughout the process to ensure that legal decisions and business decisions are compatible—from early evaluation, to strategy development and budgeting, to trial. We also staff cases smartly, but have a deep geographically dispersed bench that enables us to quickly organize multidisciplinary teams of litigators when and where necessary. We use state-of-the-art electronic case management systems to deliver efficient, targeted, and strategic solutions.

In the courtroom, our mix of moxie and strategic focus personifies our reputation as fearless and pragmatic counsel. Our courtroom veterans from NP Trial® are some of the most respected and experienced trial lawyers practicing today, with verdicts and results that speak for themselves. While many firms offer litigators, when the right outcome is on the line, there is no substitute for the actual courtroom experience offered by Nixon Peabody’s team of battle-tested trial lawyers.

Marketplace recognition

Nixon Peabody made the Honor Roll as one of the “Most Feared Law Firms” for litigation in the BTI Litigation Outlook 2013 report. The firm is singled out for strong performances in IP Litigation, Complex Commercial Litigation, Routine Commercial Litigation, and Product Liability Litigation.

The firm and many of our litigation attorneys are regularly acknowledged and highly ranked by professional peers in well-known legal directories, including Chambers USA: America’s Leading Lawyers for Business and Chambers Global, Legal 500 United States, US News and World Report and Best Lawyers in America, Benchmark: Litigation and Benchmark: Appellate, and Super Lawyers®.

Thought Leadership/Alerts

Second Circuit holds that the relevant period for determining a foreign debtor's COMI is the filing of the Chapter 15 petition
Bankruptcy Law Alert | May 15, 2013

Drones Cast Lengthening Shadows One Year After Passage of FAA Modernization & Reform Act
May 13, 2013

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Second Circuit holds that Madoff feeder fund's "center of main interests" is located in British Virgin Islands
Private Fund Disputes Alert | May 1, 2013

Hospitals and other providers of medical services and devices may find themselves subject to federal contractor requirements
Health Law Alert | April 25, 2013

CMS Proposes $9.9 Million Reward for Medicare Fraud Whistleblowers
Health Care Fraud Investigations and Enforcement Alert | April 25, 2013

Government's increased use of noncommittal intervention filings complicates qui tam proceedings under the False Claims Act
Government Investigations & White Collar Defense Alert | April 18, 2013

Update on the Kilgore Ninth Circuit appeal: California's public injunction exception escapes for another day, but the en banc court reads the exception to arbitration narrowly and rejects plaintiffs' attempt at artful pleading
Class Action Alert | April 16, 2013

Governor Cuomo introduces new legislation to target public corruption in wake of bribery scandals
Government Investigations & White Collar Defense Alert | April 16, 2013

Recent BVI decisions offer guidance to investors and funds facing redemption disputes
Private Fund Disputes Alert | April 2, 2013

Foreign companies found liable for price fixing despite evidence their government compelled them to fix prices
Anitrust Newsletter | March 29, 2013

U.S. Supreme Court rejects class certification based on the damages model: Comcast Corp. v. Behrend
Class Action Alert | March 28, 2013

What gets trebled? Seventh Circuit joins circuit split in deciding whether to use "gross" or "net" trebling
Government Investigations & White Collar Defense Alert | March 27, 2013

The New York SAFE Act of 2013 and its profound effect on mental health care providers and their patients
Health Law Alert | March 22, 2013

Critical hydrofracking cases advance through New York courts
Energy Alert | March 22, 2013

The Supreme Court tightens up on CAFA—and on class plaintiffs
Class Action Alert | March 20, 2013

5 Reasons to Use Focus Groups in Jury Research
March 13, 2013

Gabelli v. SEC
Securities Litigation Alert | March 1, 2013

Don't "put the cart before the horse": Supreme Court rejects Amgen's argument that securities fraud plaintiffs must prove materiality of alleged misrepresentations at the class certification stage
Class Action Alert | February 28, 2013

Can a company director always obtain access to the advice of counsel that was provided to the company?
Commercial Litigation Alert | February 27, 2013

RMBS repurchase litigations — how to win or lose the war of the experts when proving breach and damages at trial
Corporate Trust and Banking and Financial Services Litigation Alert | February 15, 2013

Webinar Recording: Shedding Light on the Sunshine Act Final Rule: Implications for Health Care Providers
Originally recorded February 13, 2013 | February 15, 2013

Doing business in Africa—new regional institutions bring international arbitration to Sub-Saharan Africa
International Arbitration Alert | February 4, 2013

Webinar Recording: The First Amendment and Off-Label Promotion: Understanding the Implications of U.S. v. Caronia
Originally recorded December 5, 2012 | December 6, 2012

U.S. Supreme Court tells Oklahoma state court that state law does not trump the Federal Arbitration Act: Nitro-Lift Technologies, L.L.C. v. Howard
Class Action Alert | November 29, 2012

U.S. Restrictions on Commercial Social Networking
November 28, 2012

U.S. Supreme Court will hear landmark class action waiver case: American Express Co. v. Italian Colors Restaurant
Class Action Alert | November 19, 2012

New York asbestos judge rules bankruptcy claims materials must be disclosed
Products: Class Action, Trade & Industry Representation Alert | November 19, 2012

The new "Green Guides": Federal Trade Commission's guidance for avoiding deceptive marketing claims
Legally Green Alert | October 31, 2012

Webinar Recording: Important Trends in Electronic Discovery
Originally recorded August 2, 2012 | August 6, 2012

GARA and federal preemption lead federal court to dismiss claims against aircraft engine distributor/service facility
Aviation Law Alert | July 30, 2012

Minnesota Supreme Court declines to impose duty to train on aircraft manufacturers
Aviation Alert | July 25, 2012

Supreme Court holds that pharmaceutical reps meet the outside sales exemption to the FLSA
Employment Law Alert | June 18, 2012

After Brinker and Dukes, court serves up class certification denial on meal and rest period claims but not on overtime
Employment Law Alert | May 11, 2012

Webinar Recording: Can employers catch a break and rest after Brinker?
Originally recorded April 17, 2012 | April 20, 2012

Ways to Avoid Vicarious Liability for Franchisors
March 23, 2012

Ninth Circuit applies Concepcion to invalidate California's "public injunction" exception to arbitration and further upholds KeyBank's "opt-out" clause
Class Action Alert | March 12, 2012

New York Court of Appeals affirms limited duties for banks in counterfeit check scams—and provides a cautionary tale for lawyers
Banking and Financial Services Litigation Alert | February 6, 2012

Federal Circuit grants mandamus, transfers patent case against Delaware company out of Delaware
Intellectual Property Alert | December 9, 2011

Webinar Recording: Adding Insult to Injury: Investors in Madoff Feeder Funds Are Still Targets for Litigation
November 7, 2011

Dukes redux: plaintiffs seek certification of smaller class sizes in two states
Class Action Alert | November 4, 2011

SEC staff issues guidance regarding cybersecurity risks
Securities Law Alert | October 28, 2011

SEC reverses position regarding proof of ownership for shareholder proposals
Securities Law Alert | October 21, 2011

Second Circuit clarifies standards for "stock drop" cases
ERISA Fiduciary Law Alert | October 21, 2011

Adding Insult to Injury: Investors in Madoff Feeder Funds Are Targets For Claw Back Suits
October 15, 2011

Madoff feeder fund suffers defeat in effort to claw back investor redemptions
Alternative Investment Litigation Alert | October 13, 2011

The Role of Motive and Intent in Franchise Terminations
September 29, 2011

First Circuit Reverses Order Reducing Damages Award in Music File-sharing Copyright Infringement Case; Avoids Constitutional Questions
Intellectual Property Alert | September 26, 2011

SEC decides not to appeal proxy access decision
Securities Law Alert | September 13, 2011

Ripe for Review: Employment Law Cases and Issues That May Draw the United States Supreme Court's Attention During the Upcoming Term
August 29, 2011

Winning in the Court of Public Opinion: Brand Protection in High Exposure Litigation
August 12, 2011

Webinar Recording: How to Protect Your Company When You Can’t Hear the Whistle Blowing
June 27, 2011

Supreme Court raises the bar for class certification in landmark sex discrimination decision
Class Action Alert | June 21, 2011

Class actions "a la française": a sea snake!
Class Action Alert | June 17, 2011

Supreme Court narrows the scope of persons who can be directly liable under Rule 10b-5 for “making” untrue statements of material fact
Securities Litigation Alert | June 17, 2011

Supreme Court rejects Fifth Circuit's requirement that securities fraud plaintiffs prove loss causation at the class certification stage
Class Action Alert | June 8, 2011

SEC adopts final whistleblower rules: implications for internal compliance, governance and employment policies
Securities Law Alert | May 27, 2011

How Franchise Companies Avoid Class Action Cases
May 27, 2011

Practical tips for meeting with credit rating agencies after Dodd-Frank
Securities Law Alert | May 23, 2011

U.S. Supreme Court upholds class action waivers in consumer contracts: AT&T Mobility v. Concepcion
Class Action Alert | April 27, 2011

SEC proposes compensation committee independence and compensation consultant rules
Securities Law Alert | April 8, 2011

U.S. Supreme Court declines to adopt bright-line rule that adverse drug reaction reports are not material unless they are statistically significant
Securities Litigation Alert | March 28, 2011

Precise Compliance With Notice Provisions Essential for Franchisors
March 25, 2011

Insurers' class action claims against drugmaker rejected by appeals court
Class Action Alert | March 17, 2011

Delaware Court of Chancery upholds use of poison pill by Airgas board
Securities Law Alert | March 2, 2011

SEC adopts Say-on-Pay rules
Securities Law Alert | February 4, 2011

SEC proposes changes to accredited investor standards
Securities Law Alert | January 28, 2011

Avoiding Threats to Your Brand in the Age of New Media
January 28, 2011

Food Safety Legislation Signed Into Law
Food Safety and Litigation Alert | January 6, 2011

Offshore Hedge Fund Disputes: We’re Not in New York Anymore
November 8, 2010

Regulation FD enforcement: company executives charged for implied messages
Securities Law Alert | November 5, 2010

SEC proposes Say-on-Pay rules
Securities Law Alert | October 29, 2010

New York Court of Appeals affirms in pari delicto doctrine to prevent lawsuits against outside advisors
Banking and Financial Services Litigation Alert | October 27, 2010

New York class actions: settlement objectors are not entitled to attorneys' fees
Class Action Alert | October 27, 2010

Regulation FD—SEC adopts amendment eliminating exemption for disclosures to credit rating agencies
Securities Law Alert | September 30, 2010

SEC adopts shareholder proxy access rules
Securities Law Alert | August 31, 2010

CPSC Marks First Anniversary of CPSIA with Heightened Standards and Increased Enforcement Power
August 24, 2010

Constitutional Limits on Punitive Damages after Exxon Shipping Co. v. Baker
August 16, 2010

DOL issues final regulation mandating retirement plan fee disclosure
ERISA Fiduciary Alert | July 28, 2010

Dodd-Frank Act alters preemption rules for national banks and federal thrifts
Banking and Financial Services Litigation Alert | July 28, 2010

The Dodd-Frank Act executive compensation and corporate governance reforms
Securities Law Alert | July 23, 2010

Fiduciaries breached duty of prudence by investing in retail share classes
ERISA Fiduciary Alert | July 20, 2010

Webinar Recording: Document Retention and Destruction: Issues for Franchisor
July 9, 2010

‘Inevitable disclosure’ takes a hit in N.H.
July 8, 2010

Second Circuit holds that retirees’ state law claims against investment advisor are preempted by federal law
Securities Litigation Alert | July 1, 2010

Supreme Court Adopts ‘Arm’s-Length’ Standard for Assessing Adviser Compensation Claims under the Investment Company Act of 1940
June 1, 2010

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Press

Middlesex Massachusetts District Attorney Gerry Leone to Join Nixon Peabody LLP
March 19, 2013

Chambers Recognizes Leading Nixon Peabody Attorneys and Practices
March 14, 2013

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Nixon Peabody Elects 13 Attorneys to Partnership
January 14, 2013

Nixon Peabody Secures Unanimous Jury Verdict for Aviation Clients
December 3, 2012

Nixon Peabody LLP Successfully Wins Four-Year Legal Battle over JUA Funds for More Than 6,000 New Hampshire Health Care Providers
November 14, 2012

U.S. News & World Report and Best Lawyers Names Nixon Peabody a “Best Law Firm” and “Law Firm of the Year”
November 1, 2012

Nixon Peabody Litigation and Trial Capabilities Recognized
October 24, 2012

New Hampshire Hospital Retains Nixon Peabody for High-Profile Litigation
October 15, 2012

Nixon Peabody Makes Honor Roll as One of the "Most Feared Law Firms" for Litigation
September 14, 2012

Nixon Peabody Attorneys Earn Top Recognition From Best Lawyers
September 14, 2012

U.S. District Court Confirms Thyssen-Bornemisza Collection Foundation of Spain as Owner of Artwork
June 28, 2012

Nixon Peabody Advises Sun World International in Labor Relations Case of First Impression
May 7, 2012

Nixon Peabody Expands Presence in China Forming Strategic Alliance with Hylands Law Firm
March 13, 2012

Nixon Peabody Attorney Tapped to Join New York Commercial Litigation Task Force
February 24, 2012

Experienced Government Contracts Attorney Joins Nixon Peabody
February 23, 2012

Ninth Circuit Affirms Dismissal of Lawsuit Alleging Drug Pricing Inflation
February 17, 2012

Nixon Peabody Secures Precedent-Setting Victory for Defrauded Investors in Ponzi Scheme
November 4, 2011

Nixon Peabody Attorneys Offer Guidelines for E-Discovery
November 4, 2011

Nixon Peabody Recognized As a "Best Law Firm"
November 1, 2011

Nixon Peabody Litigation Attorneys Receive High Marks
October 18, 2011

Nixon Peabody Litigators Published in Comprehensive Guide to the Appellate Process
October 6, 2011

Nixon Peabody IP Litigator Coauthors Guide on Developing & Critiquing Trademark Surveys
October 6, 2011

District Court Orders Proceedings Stopped in De Csepel Case
September 29, 2011

Nixon Peabody Expands West Coast Government Investigations and White Collar Practice
September 14, 2011

U.S. Court of Appeals Affirms District Court Decision in Favor of Signature Flight Support Corporation; Nixon Peabody LLP Represented Signature in Key Legal Victory
August 9, 2011

Jury Delivers Multimillion-Dollar Award for Vietnam Telecom International; Nixon Peabody LLP Represented VTI in Six-Week Trial
July 12, 2011

Chambers Gives High Marks to Nixon Peabody LLP; 47 Attorneys Recognized As Leaders
June 20, 2011

Nixon Peabody Names New Leadership for Media, Entertainment, and Communication Team; Parisian Partner Arnaud de Senilhes Will Lead Group of Attorneys
May 10, 2011

Nixon Peabody Successfully Defends Pest Control Company in Class Certification Motion
March 16, 2011

Nixon Peabody Taps New Intellectual Property Leaders; Experienced IP Partners to Lead Litigation and Patents-Focused Practice
March 15, 2011

Nixon Peabody Names Leader for Commercial Litigation Practice; W. Scott O’Connell Will Lead More Than 100 Litigation Attorneys Across Diverse Industries
March 9, 2011

Nixon Peabody Expands Government Investigations and White Collar Crime Practice in New York; Alex Lipman is Former SEC Senior Counsel and Branch Chief
February 8, 2011

Court Reaches Favorable Conclusion for Nixon Peabody Client LaserMax in Patent Infringement Litigation
February 7, 2011

Nixon Peabody Elects 12 Attorneys to Partnership; Female Partners Make Up More than 40% of 2011 Class
February 1, 2011

Nixon Peabody Partner Authors Third Edition of ‘New Hampshire Practice’ Treatise
December 8, 2010

Nixon Peabody Expands Its Mortgage Finance and Foreclosure Team; Cross-office, Cross-practice Team Addresses Evolving Client Needs
October 22, 2010

Nixon Peabody Partner to Co-Chair ABA Criminal Litigation Committee; Washington, DC, Attorney Grayson Yeargin Assumes New Leadership Position
September 24, 2010

Nixon Peabody Recognized as a “Best Law Firm”; Firm’s Experience and Excellence Honored Locally and Nationally
September 23, 2010

Nixon Peabody Announces Leadership of Trademark Prosecution Practice; Washington, DC, Partner David May to Lead Group
August 25, 2010

Nixon Peabody Secures Favorable Judgments for School of Rock; Music Education Franchise Wins Two Recent Court Decisions
August 17, 2010

Nixon Peabody Secures Win for Upstate NY Counties in Oneida Indian Land Claim
August 10, 2010

Nixon Peabody Partner Named to State Franchise & Distribution Advisory Commission; Robert Ebe to Oversee Law Specialist Certification Program
August 5, 2010

Nixon Peabody Buffalo Partner Named to Board of Directors of Worldwide Defense Counsel Organization
July 22, 2010

Nixon Peabody Secures Client Victory Challenging the Use of the U.S. Government’s Patriot Act
July 19, 2010

National Law Journal Recognizes Laura Ariane Miller; Named one of "Washington's Most Influential Women Lawyers"
June 28, 2010

Chambers USA Gives High Marks to Nixon Peabody LLP; 17 Practices and 49 Attorneys Recognized as Leaders
June 11, 2010

Nixon Peabody Names New Leader of Litigation Department; Fred A. Kelly, Jr., Will Lead 300+ Attorneys
May 28, 2010

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Media Clips

  • Drones Cast Lengthening Shadows One Year After Passage of FAA Modernization & Reform Act
    Bloomberg BNA Privacy and Security Law Report | May 13, 2013

    This column, authored by San Francisco Products: Class Action, Trade & Industry representation associate Cameron Cloar, discusses the entry of drones into the national airspace system one year after the passage of the Federal Aviation Administration Modernization and Reform Act of 2012.

  • Herbalife Raises Estimate of Legal Costs Amid Pyramid Allegations
    Los Angeles Times | May 4, 2013

    Los Angeles Government Investigations & White Collar Defense partner Jason Gonzalez provides commentary regarding allegations that the nutritional products company Herbalife is participating in a pyramid scheme.

  • Could your Organization be Subject to False Claims Penalties for ICD Procedures
    The Advisory Board Daily Briefing | May 3, 2013

    New York City Government Investigations & White Collar Defense partner David Feldman participated in this Q&A discussing the impact of Department of Justice investigations into implanted cardioverter defibrillator procedures and recommendations for providers.

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  • Final HIPAA Omnibus Rule Expands Law's Impact on Firms
    New Hampshire Business Review | May 3, 2013

    Providence partner and leader of the firm’s Privacy & Data Protection group Linn Freedman and Manchester partner and leader of the firm’s Commercial Litigation practice Scott O’Connell co-authored this article discussing the final HIPAA Omnibus Rule, which implemented sweeping changes to the Health Insurance Portability and Accountability Act.

  • Not Yet a Relic of History, Hourly Rates Still Prevalent
    Rochester Business Journal | May 3, 2013

    Rochester office managing partner Carolyn Nussbaum and Rochester Global Business & Transactions partner Jim Bourdeau discuss client demands for value, predictability, and accessibility.

  • Export Controls Reform: Understanding the 600 Series
    Law360 | May 2, 2013

    A team of Washington, DC, attorneys, including Government Investigations & White Collar Defense partner Grayson Yeargin and associate Lindsey Nelson, Global Business & Transactions associate Alexandra Lopez-Casero, and Private Equity & Investment Funds associate Nick Rosenberg, co-authored this column discussing the introduction of the “600 series,” which changes the rules applicable to companies that have items listed on the U.S. Munitions List.

  • Law Journal Names 2013 Rising Stars
    New York Law Journal | April 22, 2013

    Buffalo commercial litigation partner Sheldon Smith is among the attorneys under the age of 40 named to the publication’s annual “Rising Stars” class. The program honors accomplished attorneys who are top contributors to the practice of law and their communities.

  • Export Controls Reform Has Arrived
    Law360 | April 22, 2013

    Washington, DC  government investigations & white collar defense partner Grayson Yeargin and associate Lindsey Nelson, global business & transactions associate Alexandra Lopez-Casero and private equity & investment funds associate Nick Rosenberg co-authored this column discussing the new rules and regulations implementing the multiyear Export Control Reform Initiative.

  • Excellence in Law
    Daily Record | April 18, 2013

    Rochester office managing partner and commercial litigation partner Carolyn Nussbaum is among the “Top Women in Law” as recognized by the Daily Record as part of its annual “Excellence in Law” program.

  • NY Anti-Corruption Legislation Could Be A Game-Changer
    Law360 | April 17, 2013

    Buffalo government investigations & white collar defense partner Mark Molloy, Washington, DC, associate Emily Harlan and New York City associate J. Michael Smith co-authored this column discussing proposed legislation in New York, called the “Public Trust Act,” which would create a new class of public corruption crimes.

  • How Conservatives Captured the Law
    Chronicle of Higher Education | April 15, 2013

    Boston commercial litigation associate Danielle McLaughlin, co-authored this article with Suffolk University law professor Michael Avery, focsued on "The Federalist Society: How Conservatives Took the Law Back From Liberals."

  • Don't "Put the Cart Before the Horse": Supreme Court Rejects Amgen's Argument that Securities Fraud Plaintiffs Must Prove Materiality of Alleged Misrepresentations at the Class Certification Stage
    Legal Insights | April 15, 2013

    Commercial litigation partners Chris Mason and Carolyn Nussbaum and commercial litigation associates Paige Berges and Leah Threatte Bojnowski co-authored this column about the Supreme Court’s split decision upholding the Ninth Circuit’s decision in Amgen Inc. v. Conn. Retirement Plans and Trust Funds.

  • 11th Circuit says HIPAA protections trump Florida law
    Reuters | April 12, 2013

    Leader of the firm’s Privacy & Data Protection group and the HIPAA Compliance group Linn Freedman discusses a Court of Appeals ruling finding that the patient privacy protections in the federal Health Insurance Portability and Accountability Act of 1996 trumped a 1987 Florida law that requires nursing homes to provide the records to a deceased resident's spouse, guardian or attorney.

  • Beyoncé, Jay-Z's Cuba Trip Highlights Embargo Restrictions
    White Collar Law360 | April 9, 2013

    This guest article written by Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin and associate Lindsey Nelson focuses on licensing requirements for travel to Cuba.

  • Can Employers Force Arbitration of FCA Retaliation Claims?
    White Collar Law360 | April 4, 2013

    Washington, DC, Government Investigations partner Grayson Yeargin and associate Emily Harlan co-authored this column addressing whether a company can compel arbitration when a former employee brings a retaliation claim against the company under the False Claims Act.

  • Lippman Names Commercial Division Advisors
    Daily Record | March 27, 2013

    Rochester Products partner David Tennant is highlighted among those named to New York State Chief Judge Jonathan Lippman’s Commercial Division Advisory Council, which will advise on all matters involving and surrounding the Commercial Division of the state Supreme Court.

  • CPSC Risks Alienating Industry with Litigation Strategy
    Law360 | March 22, 2013

    Long Island Products: Class Action, Trade & Industry Representation partner Jim Weller discusses the U.S. Consumer Product Safety Commission’s increased use of administrative complaints.

  • Gerard Leone Steps Away From Government
    Boston Globe | March 20, 2013

    This column profiles Middlesex County District Attorney Gerry Leone, who has joined the firm's Government Investigations & White Collar Defense practice.

  • DA from Middlesex County, Mass., joins Nixon Peabody
    Reuters | March 19, 2013

    The arrival of Middlesex County District Attorney Gerry Leone, who joins the firm's Boston office as partner in the Government Investigations & White Collar Defense practice, is highlighted in this feature article.

  • New HIPAA Rules Pose Challenges for Healthcare Industry
    Reuters | March 18, 2013

    Leader of the firm’s Privacy & Data Protection group and the HIPAA Compliance group Linn Freedman discusses the new Health Insurance Portability and Accountability Act (HIPAA) regulations announced by the Department of Health & Human Services. Click here to read the full article.

  • 5 Reasons to Use Focus Groups in Jury Research
    Corporate Counsel | March 13, 2013

    This column, authored by commercial litigation practice group leader and deputy leader of the litigation department Scott O’Connell, discusses practical considerations on how to determine the optimal frames for a favorable jury verdict.

  • Q&A With Nixon Peabody's David Tennant
    Corporate Counsel | March 13, 2013

    This Q&A is conducted with Rochester partner and leader of the firm’s appellate practice David Tennant.

  • GCs Say FCPA Fears Spur More Careful Dealmaking
    Law360 | February 25, 2013

    Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin discusses why corporate buyers need to be on high alert for bribery and corruption in overseas acquisitions as merger activity picks up.

  • Lawyers See IP Protection Help in U.S. Trade-Secrets Focus
    Reuters | February 22, 2013

    Chicago Intellectual Property Litigation partner Mark Halligan discusses efforts to combat trade-secret theft.

  • Life Sciences Editorial Advisory Board
    Law360 | February 11, 2013

    Boston Commercial Litigation and Life Sciences partner Fred Kelly is highlighted among the Life Sciences Law360 editorial advisory board.

  • Computer-assisted Review Becomes More Popular
    Lawyers USA | January 29, 2013

    Boston partner and leader of the firm’s E-discovery & Digital Evidence practice Jon Sablone discusses the increasing use of electronic discovery less than one year after a federal court judge issued a decision blessing the use of computer-assisted review.

  • Views from the Trenches: E-discovery
    National Law Journal | January 28, 2013

    Boston partner and leader of the firm’s E-discovery & Digital Evidence practice Jon Sablone discusses current trends in e-discovery.

  • A Managing Partner Who Stays in Practice
    Rochester Business Journal | January 25, 2013

    This article profiles Commercial Litigation partner and Rochester office managing partner Carolyn Nussbaum, highlighting her practice, community, and firm leadership roles, as well as her commitment to family and the community.

  • Meet 39 Newly Minted Partners at Boston's Top Law Firms
    Boston Business Journal | January 11, 2013

    New Boston partners Kelly Babson (Public Company Transactions), Jeff Gilbreth (Labor & Employment), Danielle Pelot (Government Investigations & White Collar Defense) and Amy Pugliano O’Keefe (Global Business & Transactions) are featured in this coverage.

  • Medicare Insurer Can't Get Coverage for $18M Scam
    Law 360 | January 9, 2013

    This article notes that National Union Fire Insurance prevailed in the coverage dispute with Universal American Corp. over an $18 million Medicare-related scam. New York City Products: Class Action, Trade & Industry Representation partner Barbara Lukeman served as counsel for National Union in this matter.

  • CPSC Continues Crusade Against High-Powered Magnets
    Product Liability Law 360 | January 8, 2013

    This column, authored by New York City Products: Class Action, Trade & Industry Representation partner Barbara Lukeman, discusses the Consumer Products Safety Commission announcement of a another recall of high-powered magnetic desk toys.

  • Unmanned Aerial Systems: Mobility on the edge
    SciTech Lawyer Magazine | January 1, 2013

    San Francisco Products associate Cameron Cloar co-authored this article focused on the discussions among civil liberties groups and government officials about the future use of unmanned aerial systems or vehicles in U.S. airspace.

  • Life Sciences Cases to Watch in 2013
    Life Sciences Law 360 | January 1, 2013

    In this article focused on key life sciences industry lawsuits in the coming calendar year, Boston Government Investigations & Life Sciences partner Brian French provides commentary.

  • Life Sciences Regulation to Watch in 2013
    Life Sciences Law 360 | January 1, 2013

    Washington, DC, Health Services and Life Sciences partner Areta Kupchyk and Boston Government Investigations & Life Sciences partner Brian French discuss key life sciences industry regulations to watch in 2013.

  • International Cooperation in the Regulation of Nanotechnology
    Product Liability Law & Strategy | January 1, 2013

    Deputy Litigation department leader and deputy leader of the Products: Class Action, Trade and Industry Representation group Viv Quinn and Buffalo Products: Class Action, Trade and Industry Representation counsel Ben Dwyer co-authored this column providing an overview of the approach taken by major countries in the field of nanotechnology.

  • NH Attorney has a National Impact
    New Hampshire Business Review | December 28, 2012

    This article profiles commercial litigation practice group leader and deputy litigation department leader Scott O’Connell. His professional background is highlighted, recent litigation successes for clients are noted and his dedication to pro bono is also discussed. Click here to read the full article.

  • Newsmaker: Getting involved is first step to improving education
    Providence Business News | December 24, 2012

    Partner and leader of the firm’s Privacy & Data Protection team Linn Freedman is featured in this Q&A–style profile. The article focuses on Linn’s recent appointment to the board of the Women Entrepreneurs in Science and Technology and her other commitments outside the office.

  • MBTA Must Allow Access to Database
    Massachusetts Lawyers Weekly | December 20, 2012

    Commercial Litigation partner and leader of the firm’s E-Discovery & Digital Evidence team Jon Sablone provides commentary in this article discussing a Massachusetts Superior Court judge’s decision ordering the Massachusetts Bay Transportation Authority to make its electronic database available to plaintiff’s counsel in a negligence suit.

  • Tightening Client Budgets Fuel Need for Outsourcing
    Rochester Business Journal | December 14, 2012

    Rochester Litigation partner Chris Thomas provides commentary in this article discussing the increasing interest in legal outsourcing among clients and how law firms are responding.

  • Landmark Class Action Case to Be Heard in Supreme Court
    Law 360 | December 13, 2012

    Commercial Litigation partners Chris Mason and Carolyn Nussbaum and Commercial Litigation associate Paige Berges co-authored this column noting that the United States Supreme Court granted a writ of certiorari to review the most recent decision of the United States Court of Appeals for the Second Circuit in American Express Travel Related Services Co. v. Italian Colors Restaurant.

  • Risk of Exclusion Remains Potent for Health Care Industry Executives
    Bloomberg BNA's Medical Devices Law & Industry Report | December 12, 2012

    Boston Government Investigations & White Collar Defense associate Ronaldo Rauseo-Ricupero and Health Services practice group leader Michele Masucci authored this column discussing the continued focus on individual accountability of health care executives. Click here to read the article.

  • CPSC Scraps Database Appeal, Leaving Gripes Unsettled
    Law 360 | December 10, 2012

    Long Island Products: Class Action, Trade & Industry Representation partner Jim Weller discusses a decision by the U.S. Consumer Product Safety Commission to abandon its appeal of a ruling that companies can block the publishing of inaccurate consumer complaints on an agency database.

  • Expert Disclosure in New York: One Step Forward, Two Steps Back
    New York Law Journal | December 10, 2012

    This contributed article by New York City Products: Class Action, Trade & Industry Representation partner Barbara Lukeman and Long Island Products: Class Action, Trade & Industry Representation associate Tom Mealiffe focuses on New York’s expert disclosure rule and the New York State Bar Association’s plans to propose a set of voluntary rules to bolster the current expert disclosure rules for cases before the Commercial Division.

  • Honor Roll
    Buffalo News | December 9, 2012

    This coverage notes that Buffalo Commercial Litigation partner Sheldon Smith received a Pro Bono Award at the 2012 Western District Federal Court Dinner for his work representing an inmate at Wende Correctional Facility, who alleged various claims under the Americans with Disabilities Act.

  • Another Pro-Arbitration Decision Of The Supreme Court
    Law 360 | December 7, 2012

    This contributed article authored by New York Litigation associate Paige Berges and New York Litigation partner Chris Mason focuses the Supreme Court’s interpretation of arbitration clauses.

  • Good News for Defense in NY Asbestos Litigation
    Law 360 | December 5, 2012

    This column, discussing a significant ruling applicable to all cases pending in the New York City Asbestos Litigation (NYCAL), was authored by Long Island Products: Class Action, Trade & Industry Representation counsel Santo Borruso, Buffalo Products: Class Action, Trade & Industry Representation partner John Weinholtz, and Boston Litigation counsel John Stadler.

  • Mind Reading: Judges Can Keep Deliberations to Themselves, Mass. Court Says
    ABA Journal | December 1, 2012

    This article highlights a case of first impression for Massachusetts in which the state Supreme Court recognized an absolute judicial deliberative privilege placing off-limits judges’ mental impressions and thought processes in reaching decisions. Boston Government Investigations & White Collar Defense partner Bill Codinha is noted as special counsel who is probing the judge in question in this particular case.

  • When Defendants Can Win by Losing a Case
    Providence Business News | November 26, 2012

    Providence Commercial Litigation counsel Steve Richard authored this column discussing how companies and their legal counsel should undertake a prompt risk-management assessment of the potential exposure and estimated defense costs.

  • SEC Drops Charges that Manager Misled Investors
    Financial Times | November 17, 2012

    New York City Government Investigations & White Collar Defense partner Alex Lipman, discusses the Securities and Exchange Commission’s decision not to pursue its case against a former collateral manager Edward Steffelin who was accused of misleading investors in a J.P. Morgan Chase & Co. mortgage-bond deal.

  • Another Fumble by the SEC on Fraud
    New York Times | November 16, 2012

    This coverage notes that the Securities and Exchange Commission dropped its case against a former collateral manager Edward Steffelin, who was accused of misleading investors in a J.P. Morgan Chase & Co. mortgage-bond deal. New York City Government Investigations & White Collar Defense partner Alex Lipman led the Nixon Peabody team representing Mr. Steffelin.

  • SEC Drops Bond Lawsuit
    Wall Street Journal | November 16, 2012

    This feature story details the decision by the Securities and Exchange Commission to drop its case against a former collateral manager Edward Steffelin who was accused of misleading investors in a J.P. Morgan Chase & Co. mortgage-bond deal. Mr. Steffelin is represented by a Nixon Peabody team led by New York City Government Investigations & White Collar Defense partner Alex Lipman.

  • «Class action» et dissuasion
    Strategies | November 8, 2012

    Paris Commercial Litigation partner Olivier de Chazeaux and Paris Global Business & Transactions partner Gilles de Poix discuss a possible class action law in France in this thought-leadership article.

  • The Thin Lines Between Zealous Advocacy, Incivility, and Punishable Misconduct
    The Brief | November 1, 2012

    Products: Class Action, Trade & Industry Representation practice group and NP Trial leader Joe Ortego authored this article for the Fall issue of this American Bar Association publication.

  • Human Capital: People on the move
    Boston Business Journal | October 30, 2012

    This coverage notes that Boston & Providence Government Investigations & White Collar Defense partner Linn Freedman has joined the advisory board of the Network for Teaching Entrepreneurship (NFTE) New England. NFTE provides programs that inspire young people from low-income communities to stay in school.

  • 7 Tips for Avoiding False Claims Act Whistleblower Suits
    Law 360 | October 30, 2012

    Boston partner and deputy leader of the firm’s Government Investigations & White Collar Defense group Brian French discusses ways companies, especially those in the health care, medical device, and pharmaceutical industries, can avoid whistleblower lawsuits under the False Claims Act.

  • Great Pro Bono Victory for Two Nixon Peabody Associates
    Boston Bar Association BBA Week | October 25, 2012

    Boston Government Investigations & White Collar Defense associate Ronaldo Rauseo-Ricupero and Boston Commercial Litigation associate Danielle McLaughlin are highlighted for their win of an appeal before the Fifth Circuit Court of Appeals on behalf of a pro bono client been barred from having his removal case reconsidered because he had already been deported to Honduras. This matter was handled in collaboration with Boston College’s Post Deportation Human Rights Project (PDHRP).

  • How Mobile Devices and the Cloud Change E-discovery
    Corporate Secretary | October 3, 2012

    Boston Commercial Litigation partner and leader of the firm’s Electronic Discovery & Digital Evidence team Jon Sablone discusses how mobile devices present particular concerns for e-discovery.

  • Earning Their Keep: Plenty of apps promise to help lawyers work smarter. Which ones actually deliver?
    The American Lawyer | October 1, 2012

    Boston Products partner Sam Goldblatt and Rochester Global Business & Transactions counsel Jeremy Wolk are both included in this tech column discussing apps for mobile devices and tablets that are specifically designed for legal matters.

  • Class Actions to be introduced in France
    Points de Vente | September 18, 2012

    Paris partner Gilles de Poix provides commentary in this article discussing the potential introduction of class actions into French consumer law in 2013 which will more closely resemble European law than U.S. law.

  • Lawyers Who Lead By Example
    New York Law Journal | September 12, 2012

    Albany Commercial Litigation partner Dan Hurteau was recognized among “Lawyers Who Lead” by the New York Law Journal for “demonstrating the highest level of commitment to their profession and their communities, tapping their training, business acumen, creativity, and humanity to solve legal problems for those in need.”

  • Contractors Wary as DCAA Seeks More Internal Documents
    Washington Post | September 10, 2012

    Washington, DC, commercial litigation and government contacts counsel Vince Napoleon provides third-party commentary in this article on the new guidance issued by the Defense Contract Audit Agency (DCAA) meant to help its auditors access contractors’ internal documents.

  • Sorting Through Electronic Discovery Haystack
    Providence Business News | September 10, 2012

    Providence Commercial Litigation counsel Steven Richard authored this guest column focused on how to effectively navigate the electronic discovery process.

  • Case Study: Monge v. Maya Magazines
    Law 360 | September 5, 2012

    This contributed article, authored by San Francisco counsel John Chatowski, discusses the decision by a majority of a panel of the Ninth Circuit Court of Appeals rejecting the defense and reversing a decision granting summary judgment in favor of a gossip magazine that published six private photographs showing the secret nuptials of two celebrities.

  • Lawyer-Mediator
    Daily Journal | August 31, 2012

    This article profiles San Francisco Commercial Litigation partner Steve Schrey as an attorney who has mediated cases for the past five years and addresses his approach to trying to resolve lawsuits.

  • City's Air Surveillance Program Avoids Drone Privacy Issues
    Law 360 | August 28, 2012

    San Francisco products associate Cameron Cloar provides third-party commentary in this article discussing Lancaster, California’s new manned aerial surveillance system week that will allow police to monitor activities on the ground in real time.

  • Newsmakers in Business
    New Hampshire Union Leader | August 26, 2012

    This coverage notes the New Hampshire Women’s Bar Association 2012–2014 board of directors, including Manchester Commercial Litigation associate Holly Kilibarda as president.

  • Do You Know What Your Sub is Doing? New Legislation Expands Iran Sanctions to Subsidiaries
    Bloomberg BNA's Daily Report for Executives | August 24, 2012

    Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin and Washington, DC, Government Investigations & White Collar Defense associate Lindsey Nelson authored this article discussing legislation providing sanctions to prohibit foreign subsidiaries with U.S. parent companies from transacting with Iran or Iranian persons.

  • Limiting Availability of Interlocutory Appeals Regarding Privilege
    ABA Litigation News | August 16, 2012

    Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin provides commentary on a Court of Appeals’ decision narrowly construing the doctrine announced in Perlman v. United States.

  • First Circuit Overturns Fee Award
    Massachusetts Lawyers Weekly | August 13, 2012

    Boston commercial litigation partner Jon Sablone provides commentary in this article discussing a ruling by the 1st U.S. Circuit Court of Appeals finding that a judge erred by using federal guidelines to determine the amount of attorneys’ fees to be awarded in the settlement of a multi-district class action that involved no underlying issues of federal law.

  • ‘Cloud' Advisory Puts Small Firms on Notice
    Massachusetts Lawyers Weekly | August 13, 2012

    Partner and leader of the firm’s Privacy & Data Protection practice Linn Freedman provides commentary on the ethics advisory opinion from the Massachusetts Bar Association on the use of Internet data storage providers, which has some small firms and sole practitioners taking a second look at “cloud” safety.

  • Newly Aggressive CPSC Ups Ante with Proposed Magnet Ban
    Law 360 | August 10, 2012

    Long Island products partner Jim Weller provides commentary in this article discussing the U.S. Consumer Product Safety Commission’s recommendations that the regulator ban the magnet sets targeted in two recent lawsuits it filed in a move indicative of the agency's increasingly aggressive enforcement tactics.

  • Record Penalties for Fraud, Few Charges for Executives
    New York Times | August 7, 2012

    Washington, DC, government investigations and white collar defense partner Grayson Yeargin provides third-party legal commentary in this article discussing False Claims Act cases and why charges are more likely to be brought against corporations rather than individuals.

  • Canal+/Direct 8: la circulation de oeuvres audiovisuelles en question
    Culture et Droit | August 3, 2012

    This article focuses on Canal Plus’ purchase of TV channels Direct 8 and Direct Star. Paris commercial litigation partner Olivier de Chazeaux explains why the French Competition Authority is conducting a further analysis of this merger.

  • A Guide to Improving the Rules of Appellate Practice
    DRI: For the Defense | August 1, 2012

    This article, authored by Rochester partner and leader of the Appellate practice David Tennant, discusses the rule making process of the federal appellate courts while noting differing rulemaking procedures at the state court level.

  • The Eureka Moment
    Law Technology News | August 1, 2012

    Boston and Buffalo products partner Sam Goldblatt provides commentary in this cover story on how six “Big Law” firms have embraced legal project management.

  • New Drone Bill Highlights Growing Privacy Concerns
    Law 360 | July 26, 2012

    This article focuses on a new bill that would extend restrictions on the use of unmanned aircraft systems. San Francisco Products Liability associate Cameron Cloar provides third-party legal commentary about this proposed legislation.

  • Unmanned Aircraft: Filling U.S. Airspace—And Courtrooms?
    Law 360 | July 5, 2012

    This “Expert Analysis” column, authored by San Francisco Products associate Cameron Cloar, discusses the Federal Aviation Administration Modernization and Reform Act of 2012, which requires the agency to fully integrate unmanned aircraft systems into the national airspace system for public and commercial use.

  • U.S. District Court confirms Thyssen-Bornemisza Collection Foundation of Spain as owner of artwork
    ArtDaily | July 4, 2012

    Los Angeles Commercial Litigation partner and leader of the firm’s Arts & Cultural Institutions practice Thad Stauber and Los Angeles Commercial Litigation associate Sarah Andre are featured in this piece highlighting the U.S. District Court for the Central District of California’s ruling for the firm’s client, the Thyssen-Bornemisza Collection Foundation of Madrid, Spain, in the matter involving a Camille Pissarro painting.

  • Business Column: A Lawyer Roots for Decisive Obamacare Ruling
    Democrat and Chronicle | June 24, 2012

    This column is based on a conversation conducted with Rochester Commercial Litigation senior counsel Bob Witmer, who recently was honored for 50 years of practice by the Monroe County Bar Association.

  • Judging the Jury: It's an art and science
    Buffalo Law Journal | June 18, 2012

    Buffalo office managing partner and Commercial Litigation partner Susan Roney provides commentary in this feature article discussing the importance of selecting the “right” jury.

  • Q4
    Rochester Business Journal | June 15, 2012

    New York Bar Association President-Elect and Rochester Commercial Litigation partner Dave Schraver is the featured subject of this weekly Q&A column.

  • Guest Column: Beware bribery law
    Providence Business News | June 11, 2012

    This guest column, authored by Providence Labor & Employment partner Andrew Prescott and Washington, DC, Commercial Litigation partner Gordy Lang, discusses what businesses should know about the Foreign Corrupt Practices Act (FCPA).

  • Mediator's Corner: Mediation and All That Jazz
    The Mediation Society | June 1, 2012

    San Francisco Commercial Litigation partner Steve Schrey discusses the nuances of being a mediator.

  • Sabermetrics Sees Recent Scrutiny
    Chicago Daily Law Bulletin | May 30, 2012

    This contributed article, authored by Chicago Intellectual Property Litigation partner Mark Halligan and San Francisco Labor & Employment associate Matt Frankel, discusses trade secrets in baseball—specifically “sabermetrics,” the advanced statistical analysis for evaluating players.

  • 2012 Up & Coming Attorneys
    Daily Record | May 23, 2012

    Rochester Private Clients associate Adam Brunner and Rochester Commercial Litigation associate Terence Robinson are among the local attorneys recognized as part of the 2012 class of “Up & Coming Attorneys.”

  • U.S. Companies and Canadian Privacy Law: Beware
    Privacy and Public Policy Law 360 | May 18, 2012

    Buffalo Products counsel Ben Dwyer and Jacob Herstek coauthored this “Expert Analysis” column discussing Canada’s privacy laws, which are more far-reaching than their U.S. counterparts and may apply to non-Canadian entities.

  • Book Review: Business and Commercial Litigation in Federal Courts, Third Edition
    Daily Record | May 14, 2012

    Rochester Commercial Litigation partner Dave Schraver reviews the third edition of the multivolume treatise Business and Commercial Litigation in Federal Courts, an 11-volume, 13,000-word work, in this column for the publication.

  • Q&A With Nixon Peabody’s Fred Kelly
    Life Sciences Law 360 | May 8, 2012

    Boston Commercial Litigation and Life Sciences partner Fred Kelly is featured in this Q&A discussing the life sciences industry.

  • Roundtable
    California Lawyer | May 1, 2012

    San Francisco Commercial Litigation partner Fred Nelson is featured in this coverage among a panel of industry thought leadership discussing the rise of antitrust enforcement and associated issues.

  • State Bar News
    New York State Bar Association | May 1, 2012

    Rochester commercial litigation partner Dave Schraver is profiled in this article. Mr. Schraver officially began his term as New York State Bar Association president-elect on June 1, 2012 and he will assume the presidency in June 2013.

  • Ruling Ends Confusion for Securities Attorneys
    Massachusetts Lawyers Weekly | April 30, 2012

    Boston Commercial Litigation partner George Skelly provides third-party commentary in this article discussing a Second Circuit ruling that for the first time defines the meaning of “domestic transaction” under a test laid out by the U.S. Supreme Court in its landmark 2010 Morrison, et al. v. National Australia Bank Ltd., et al. decision.

  • Privacy-Law Issues Coming to Forefront
    Buffalo Law Journal | April 26, 2012

    Buffalo Products counsel Jacob Herstek, a member of the firm’s Data Privacy team, is quoted throughout this article discussing privacy law issues.

  • The Proverbial Gun in the Corporate Defense World
    The Review of Securities & Commodities Regulation | April 25, 2012

    This contributed article, co-authored by Washington, DC, Government Investigations & White Collar Defense partner Laurie Miller and Washington, DC, Government Investigations & White Collar defense associate Patrice Clair, discusses increasing pressure by the government to cooperate in prosecuting their senior officials in exchange for favorable corporate settlements.

  • MCBA Announces Directors to LawNY Board
    Daily Record | April 18, 2012

    This coverage notes that the Monroe County Bar Association has appointed three new directors, including Rochester Products partner Chris Thomas, to the Legal Assistance of Western New York board of directors.

  • Human Capital: People on the Move
    Boston Business Journal | April 16, 2012

    Partner and leader of the firm’s Privacy & Data Protection group Linn Freedman is mentioned in this column for being appointed to the Advisory Board for Women Entrepreneurs in Science and Technology (WEST), a Massachusetts-based nonprofit that provides a leadership forum for women in science, engineering, and technology industries.

  • Legal Services: A Who’s Who
    Boston Business Journal | March 30, 2012

    Boston Commercial Litigation partner Steve LaRose is prominently featured in this special section highlighting new partners at area law firms.

  • Case Study: Fort Properties V. American Master Lease
    Law 360 | March 13, 2012

    This “Expert Analysis” column, authored by Chicago Intellectual Pproperty Litigation partner David McKone, discusses the Federal Circuit’s decision upholding a district court ruling invalidating process patent claims as being too abstract and what this decision means in the future.

  • U.S. Tries Cracking Down on Economic Espionage
    Chicago Daily Law Bulletin | March 9, 2012

    Chicago Intellectual Property Litigation partner Mark Halligan provides commentary about the recent surge in trade secrets theft cases, especially those involving possible espionage.

  • Reluctant 9th Circuit Upholds Mandatory Arbitration of Injunction Claims
    Reuters | March 8, 2012

    This feature story focuses on the Ninth Circuit decision in Matthew Kilgore et al., v. Keybank NA et al. ruling that KeyBank NA could compel arbitration in a lawsuit over the terms of several student loans. Commercial Litigation practice group leader Scott O’Connell, who represented KeyBank in the matter, is quoted in the piece discussing the decision.

  • Who’s Who in Intellectual Property and Labor Law
    Long Island Business News | February 24, 2012

    Litigation & Dispute Resolution partner Jim Weller is profiled in this feature, which focuses on his practice which spans all aspects of commercial litigation and includes extensive experience in intellectual property, securities litigation, mass torts, class-actions, multi-district litigation, fraud, and civil RICO litigation.

  • Nixon Peabody Lands Ex-Pillsbury Government Contracts Pro
    Law 360 | February 24, 2012

    Washington, DC, Commercial Litigation counsel Vince Napoleon is featured in this profile about his practice and his arrival to Nixon Peabody.

  • Task Force to Tackle Volume, Delays in Commercial Division
    New York Law Journal | February 22, 2012

    This article discusses New York Chief Judge Jonathan Lippman’s creation of a task force focused on commercial litigation in New York state courts. Rochester Products partner David Tennant is a member of this task force.

  • Ex-Prosecutor Hops from Paul Hastings to Nixon Peabody
    Law 360 | February 13, 2012

    This feature article highlights the arrival of New York City Government Investigations & White Collar Defense partner Sean Haran.

  • People on the Move in Rhode Island
    Providence Journal | February 12, 2012

    This news brief notes that Providence Commercial Litigation attorney Armando Batastini has been promoted to the firm’s partnership.

  • People on the Move
    Buffalo Business First | February 1, 2012

    This news brief notes that Buffalo Commercial Litigation attorney Sheldon Smith has been promoted to the firm’s partnership.

  • Trial Training in the Time of Settlements
    California Lawyer | February 1, 2012

    This article focuses on law firms that are volunteering associates to aid local public defenders and district attorneys. San Francisco Commercial Litigation associate Matt Richards is mentioned in the piece for his time spent volunteering at the Marin County District Attorney’s Office, during which he prosecuted five jury trials.

  • Rochester Attorney Picked to Head NYS Bar
    Buffalo Business First | January 27, 2012

    This coverage highlights that Rochester Commercial Litigation partner Dave Schraver has been named the New York State Bar Association’s president-elect designee.

  • ‘Faster, Cheaper, Smarter’ Takes Center Stage
    New York Law Journal | January 23, 2012

    This article discusses the efforts of the New York State Bar Association Commercial and Federal Litigation Section to empower lawyers to work faster, cheaper, and smarter and to drive down the cost of litigation. Rochester Products partner David Tennant, chair of the Commercial and Federal Litigation Section, authored this article.

  • Settling a Commercial Lawsuit is More Art than Science
    Rochester Business Journal | December 16, 2011

    The story focuses on the art of commercial litigation. Rochester office managing partner and Commercial Litigation partner Carolyn Nussbaum provides commentary.

  • Law: ‘Associational discrimination’ emerges in lawsuits
    New Hampshire Business Review | December 4, 2011

    This contributed article, authored by Labor & Employment partner Stacie Collier and Commercial Litigation associate Dan Deane, discusses the rise of “associational discrimination” claims.

  • Schraver Nominated to be State Bar President, 2013
    Daily Record (Rochester, NY) | November 16, 2011

    This feature story profiles Rochester Commercial Litigation partner Dave Schraver, who has been nominated to serve as president-elect and then president of the New York State Bar Association.

  • Finding Your Way Through the E-discovery Process
    Daily Record | November 2, 2011

    The story highlights the New York State Bar Association’s recently issued guide for navigating the electronic discovery requirements in both federal and state courts. The coverage notes that the guide was initiated under the State Bar’s Commercial and Federal Litigation Section. Rochester Products partner David Tennant, chair of the Commercial and Federal Litigation Section, oversaw the publishing on the guide.

  • BET Sued Over ‘Rogue’ Telecast of African American Music Festival
    The Hollywood Reporter | November 2, 2011

    The article notes that TV One has filed a copyright and trademark infringement lawsuit against BET Networks and MTV Networks over the exclusive coverage of the Essence Music Festival. Los Angeles Litigation & Dispute Resolution partner Thad Stauber is mentioned as TV One’s counsel.

  • State Bar Issues E-Discovery Guide
    New York Law Journal | November 1, 2011

    The story highlights the New York State Bar Association’s recently issued guide for navigating the electronic discovery requirements in both federal and state courts. The coverage notes that the guide was initiated under the State Bar’s Commercial and Federal Litigation Section. New York City Commercial Litigation partner Connie Boland coauthored the guide.

  • Decision Reached in Arts Club Spat
    Wall Street Journal | October 27, 2011

    The article discusses the legal battle between the National Arts Club and its former president. The article notes that a hearing yesterday the State Supreme Court proposed a “global resolution” that would conclude the case and settle all claims if both parties agreed to it by October 31. The article notes that New York City Commercial Litigation partner Adam Gilbert is representing the Arts Club’s former president, O. Aldon James.

  • Supreme Court Denies Oneidas ‘Certiorari’
    Daily Record | October 19, 2011

    The feature article notes that the U.S. Supreme Court will not hear an appeal by the Oneida Indian Nation against Oneida and Madison counties and New York State relating to the Nation’s claim to 250,000 acres of land. Rochester partner Dave Schraver is quoted in the piece and identified as Oneida and Madison counties’ counsel.

  • On the Move
    Daily Record | October 18, 2011

    This news brief highlights Rochester Commercial Litigation associate Colleen Holland for her election to the Literacy Volunteers of Rochester’s Board of Directors.

  • Debating Foreign Copyright Restoration
    Law 360 | October 13, 2011

    This contributed article, authored by San Francisco Commercial Litigation counsel John Chatkowski, notes that the U.S. Supreme Court hearing of oral argument in Golan v. Holder, a challenge to Congress’ 1994 amendments to the Copyright Act, will have a significant impact on owners of foreign copyrighted works that formerly lapsed into the public domain in the United States, as well as those who have in good faith relied on their status as public works.

  • Legal Project Management
    Bloomberg Law Reports | October 6, 2011

    This article discusses how attorneys are using legal project management to increase efficiency. Boston Products partner Sam Goldblatt, who has been leading Nixon Peabody Project Management, is quoted throughout the piece.

  • Adding Insult to Injury: Investors in Madoff Feeder Funds Are Targets for Claw Back Suits
    Corporate LiveWire | October 1, 2011

    This contributed article, authored by Boston Commercial Litigation partners Tim Mungovan and Stephen LaRose and Boston Commercial Litigation associate Joel Cavanaugh, discusses “Sentry Claw Back Suits” relating to investors in Madoff feeder funds who redeemed capital prior to the disclosure of the fraud in December 2008 and now face increasing litigation risks.

  • Settling Past Misdeeds with Pro Bono Help
    Providence Journal | September 30, 2011

    This article discusses the Roger Williams University School of Law Pro Bono Collaborative, which is guiding qualified, low-income people through a court expungement process. The article notes that the Collaborative partnered with Nixon Peabody and specifically mentioned Providence Commercial Litigation associate Tim Baldwin, who is currently working on a matter.

  • How One Music Downloader’s Battle Could Change Copyright Law
    Reuters | September 28, 2011

    The piece discusses the First Circuit Court of Appeals’ decision invoking the doctrine of “constitution avoidance” to hand recording companies a significant statutory damages award against an individual in a music file-sharing copyright infringement case. San Francisco Commercial Litigation counsel John Chatowski provides commentary.

  • Patent Bar Split on Impact of New Law
    Massachusetts Lawyers Weekly | September 26, 2011

    This article discusses the Leahy-Smith America Invents Act signed by President Obama and the reactions among attorneys across the state. Boston Intellectual Property Litigation partner John Gutkoski provides commentary.

  • Nussbaum to Lead Nixon Peabody Locally
    Rochester Business Journal | September 23, 2011

    This feature story covers the new Rochester office managing partner Carolyn Nussbaum. The story highlights Ms. Nussbaum’s career and community involvement.

  • Rochester Could Trade Downtown for Millions in Payouts from Seneca-Run Casino
    13WHAM-TV | September 7, 2011

    This coverage discusses the gaming compact between the Seneca Nation and the State of New York. Rochester partner Dave Schraver is identified as a local attorney with experience and knowledge of such agreements and is quoted in the piece giving third-party commentary.

  • Reasonable Recovery in Calif. Torts
    Law 360 | September 7, 2011

    This contributed article, coauthored by San Francisco Products partner Ross Petty and counsel Lauren Michals, discusses the implications for personal injury cases following the California Supreme Court’s decision in Howell v. Hamilton Meats & Provisions, holding that medical expenses must be both incurred and reasonable, and only the lesser amount is recoverable.

  • The Ninth Circuit Tries to Clarify the Murky Law of Copyright Preemption
    BNA's Patent, Trademark & Copyright Journal | August 26, 2011
    This contributed article, co-authored by San Francisco Intellectual Property partner Rob Weikert and San Francisco Commercial Litigation counsel John Chatowski, discusses a Ninth Circuit ruling on copyright preemption, which suggests that it might expand both the rights of authors and screenwriters and the liability of studies and publishers of copyrighted works.
  • In the Spotlight
    Buffalo Business First | August 26, 2011

    This column profiles Buffalo Products associate Jacob Herstek, who has been named president of the board of directors for Aspire of Western New York.

  • Defining Jurisdiction—CollegeSource and Mavrix
    Law 360 | August 25, 2011

    This contributed article, co-authored by San Francisco Intellectual Property partner Rob Weikert and San Francisco Commercial Litigation counsel John Chatowski, discusses a pair of recent Ninth Circuit cases decisions that clarify the circumstances whereby an out-of-state company operating a website may be subject to personal jurisdiction in California intellectual property cases.

  • Prescription Confidentiality Law and Privacy Debate
    Law 360 | August 3, 2011

    This contributed article, authored by Buffalo Products associate Jacob Herstek and Providence Health Services associate Chris Browning, discusses the impact of recent decisions on the privacy and protection of confidential personally identifiable information.

  • Congressional Investigations: What Every Exec Should Know
    Pharmaceutical Executive | August 1, 2011

    This contributed article, by Boston Government Investigations & White Collar Defense associate Danielle Pelot, focuses on what pharmaceutical executives need to know about congressional investigations, as these investigations unfold differently than traditional government investigations.

  • Nixon Peabody Challenges State Budget Cuts on Behalf of New Hampshire Hospitals
    Am Law Litigation Daily | July 26, 2011
    This coverage notes that ten hospitals are suing the state of New Hampshire over cuts in Medicaid reimbursement that will compromise patient care. Deputy chair of the litigation department Scott O’Connell, who represent the hospitals in the matter, is quoted in the piece.
  • New York’s Absurd Laws
    Long Island Business News | July 7, 2011
    This feature story explores some “absurd” laws on the books in New York State. Long Island commercial litigation law clerk Stephanie Ehresman provides commentary in the piece, noting that “piggeries” and other barnyard animals are prohibited in some local towns/areas.
  • Carolyn Nussbaum Named New President of Jewish Federation
    Brighton-Pittsford Post | July 1, 2011
    This article notes that Rochester commercial litigation partner Carolyn Nussbaum has been named president of the Jewish Federation of Rochester.
  • Trust advisors, lawyers can’t be sued under 93A
    Massachusetts Lawyers Weekly | June 29, 2011
    This article discusses the Superior Court ruling in Sherman, et al. v. Shub, et al., which found that siblings who claimed a group of financial advisors and attorneys drafted their life insurance trusts in a manner that would result in significantly higher future tax liabilities could not sue under Chapter 93A. Boston associate Josh Barlow, who served as counsel to one of the defendants, is quoted in the piece.
  • Wiretap Evidence Raises the Bar for Insider Trading Convictions
    BNA Securities Regulation & Law Report | June 27, 2011
    This contributed article discusses Raj Rajaratnam’s trial and conviction on 14 securities fraud and conspiracy counts. The article was authored by a team of New York City attorneys, including Commercial Litigation associate Melisa Gerecci.
  • Court Ruling Shows Risks of Acting Too Much Like a Business
    Chronicle of Philanthropy | June 27, 2011
    This column discusses an appeals court’s decision resulting in the need for nonprofits and their affiliates to examine their structure through the lens of state franchise law—even though those statutes were constructed with decidedly commercial relationships in mind. Rochester Commercial Litigation associate Colleen Holland coauthored the piece.
  • People in the Law
    Massachusetts Lawyers Weekly | June 27, 2011
    This coverage notes that Boston Commercial Litigation associate Ronaldo Rauseo-Ricupero has received the Pro Bono Recognition Award from the Lawyers’ Committee for Civil Rights.
  • Legislator’s Vote Not Considered Free Speech
    Daily Record | June 15, 2011
    This article discusses the U.S. Supreme Court’s decision in Nevada Commission on Ethics v. Michael A. Carrigan. Rochester partner Chris Thomas provides commentary.
  • SEC Whistleblower Rules: Internal Compliance, Governance, Employment Policies
    BNA Daily Report for Executives | June 15, 2011
    This contributed article discusses the Securities and Exchange Commission’s adoption of the final rules to implement the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This article is coauthored by Rochester Commercial Litigation partner Carolyn Nussbaum.
  • SEC Whistleblower Rules: Internal Compliance, Governance, Employment Policies
    BNA Daily Report for Executives | June 15, 2011
    This contributed article discusses the Securities and Exchange Commission’s adoption of the final rules to implement the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This article is coauthored by San Francisco Commercial Litigation partner Karl Belgum.
  • Whistleblowers Can Report Directly to SEC
    The Daily Record | June 7, 2011
    This feature article discusses the Securities and Exchange Commission’s new whistleblowers rules and includes third-party commentary from Rochester Commercial Litigation partner Carolyn Nussbaum.
  • Operating Overseas Has Legal Hurdles
    Providence Business News | May 23, 2011
    This contributed article, coauthored by Providence partner Jeff Brenner, Paris partner Jérôme Henry, and London partner Roland Diniz, discusses today’s global marketplace and the inherent legal differences that are important to know before doing business in England and France.
  • SEC Using New Investigation Technique
    Daily Record | May 13, 2011
    This feature article discusses the Securities and Exchange Commission’s decision to begin offering deferred or non-prosecution agreements during their investigations. Rochester Commercial Litigation partner Carolyn Nussbaum is quoted throughout the piece.
  • On the Move
    The Recorder | May 13, 2011
    This coverage notes that San Francisco partner Bob Ebe has received a Pro Bono Advocate Award from Legal Services for Children.
  • AT&T Mobility V. Concepcion: A Win For Class Waivers
    Law 360 (Appellate, Class Action, Contract) | April 28, 2011
    This contributed article, coauthored by New York City Commercial Litigation partner Chris Mason, discusses a recent U.S. Supreme Court decision upholding the ability of companies to limit consumer class actions through arbitration agreements.
  • No Sympathy for Off-Label Scripts Suits
    Law 360 (Appellate, Class Action, Health, Insurance) | April 8, 2011
    This contributed article, authored by Boston Litigation & Dispute Resolution partner Fred Kelly, discusses a recent decision holding that off-label prescriptions alone cannot form the basis for recovery by health insurers against drugmakers absent proof that the drugs were either medically unnecessary or inappropriate for the prescribed use.
  • Results and Observations: How a Multistep Med-Arb Produced a Fast(er) Settlement
    Alternatives | April 1, 2011
    This contributed article, second in a two-part series by San Francisco Litigation & Dispute Resolution partner Bob Ebe, discusses lessons learned from past mediation-arbitrations and tips for structuring a multistep med-arb matter.
  • Daily People on the Move
    Washington Business Journal | March 23, 2011
    In this column noting executive moves and promotions, Washington, DC, partner Jeff Costellia is included for being named deputy leader of the firm’s Litigation and Intellectual Property department.
  • Employers (and Others) Beware: DOJ Puts the Heat on Non Employee Solicitation Agreements
    ABA Antitrust Section Joint Conduct Committee E-Bulletin | March 21, 2011
    This contributed article, authored by Washington, DC, Commercial Litigation partner Gordon Lang, discusses the decisions in two important, separate cases which both address employers avoiding “cold-call” or other solicitation of each other’s employees.
  • Q4
    Rochester Business Journal | March 18, 2011
    This Q&A features Buffalo and Rochester senior associate Sheldon Smith discussing the “Bridges to Success” networking event. The goal is to bring together minority attorneys from the public and private sectors and state and federal judges to lay the groundwork for creating stronger business relationships and increased lines of communication within the Rochester legal community.
  • Anticipating Problems Can Defuse Litigious Situations
    Buffalo Business First | March 18, 2011
    The feature story discusses litigation mistakes that companies can avoid. Buffalo Litigation & Dispute Resolution partner Mark Molloy provides third-party commentary throughout the piece.
  • Document Review Leads Trend of Outsourcing
    The Daily Record | March 17, 2011
    This feature story discusses trends in legal process outsourcing and focuses on vendor Pangea3. The coverage notes that Nixon Peabody uses Pangea3. Commentary from Boston Commercial Litigation and E-discovery partner Jon Sablone is included.
  • Moves & Shakers
    San Francisco Chronicle | March 13, 2011
    In this column noting executive moves and promotions, it is highlighted that San Francisco partner Jennifer Kuenster has been named chair of the firm’s Litigation and Intellectual Property department.
  • Human Capital: People on the Move
    Boston Business Journal | March 10, 2011
    In this column noting executive moves and promotions, Boston and Manchester partner Scott O’Connell is included for being named leader of the firm’s Commercial Litigation practice.
  • A Different Approach to Conducting Med-Arb in Complex Commercial Litigation Matters
    Alternatives | March 8, 2011
    This article, the first in a two-part series, discusses how to approach med-arb, a much debated alternative dispute resolution hybrid model. The article is authored by San Francisco Commercial Litigation partner Bob Ebe.
  • Volunteer Service of Lawyers Honored
    Union Leader | March 7, 2011
    This piece notes the attorneys, including Commercial Litigation practice group leader Scott O’Connell, from across the state honored for pro bono assistance to low-income individuals through the New Hampshire Pro Bono Referral Program.
  • Sanctions for E-discovery Violations at “Historic” High
    Massachusetts Lawyers Weekly | February 14, 2011
    Thisfeaturearticle discusses a recently published Duke Law Journal study, which found that sanction motions and awards for e-discovery violations across the U.S. have climbed dramatically.Boston Commercial Litigation partner Jon Sablone provides commentary throughout the piece.
  • Human Capital: People on the Move
    Boston Business Journal | February 2, 2011
    In this column noting Boston-area moves, promotions, and honors, Commercial Litigation attorney Stephen LaRose is included for being elected to the firm’s partnership.
  • Who’s In, Who’s Out
    The Deal | February 1, 2011
    This on-the-move column notes that Commercial Litigation attorney Marcie Farano is among the firm’s new 2011 partner class.
  • Blockbuster SCOTUS Term for Class Actions May Reflect Justices’ Concern About Abuses
    Class Action Litigation Report | January 12, 2011
    This feature article discusses the implications of the current U.S. Supreme Court term, which will hear a number of class action cases. Leader of the firm’s Class Actions & Aggregate Litigation practice Scott O’Connell provides third-party commentary throughout the article.
  • The Last Resort: The process and the pitfalls of removing partners
    Affordable Housing Finance | January 1, 2011
    This contributed article, authored by Washington D.C. commercial litigation partner Le Dolan, discusses the questions and issues that arise in removing a partner or a managing member of a limited liability company that has control of the property or asset without disrupting property operations.
  • The Last Resort: The process and the pitfalls of removing partners
    Affordable Housing Finance | January 1, 2011
    This contributed article, coauthored by Washington, DC, Commercial Litigation associate Brian Whittaker, discusses the questions and issues that arise in removing a partner or a managing member of a limited liability company that has control of the property or asset without disrupting property operations.
  • Brand Protection in High Exposure Litigation
    In-House Defense | January 1, 2011
    This contributed article, authored by Manchester partner and deputy leader of the Litigation Department Scott O’Connell, discusses the need for consumer-facing companies to understand that brand protection is mission-critical activity.
  • Financial Services Cases To Watch In 2011
    Law 360 | January 1, 2011
    This feature article addresses what attorneys in the financial services sector can expect in 2011. Boston partner and leader of the firm’s Commercial Litigation practice Tim Mungovan provides commentary throughout the piece.
  • The Latest
    New Hampshire Business Review | December 31, 2010
    This coverage notes that Manchester Litigation & Dispute Resolution partner Gordon MacDonald has authored a new, multivolume treatise on New Hampshire civil practice and procedure. This is the only comprehensive resource covering all topics of civil procedure in NH state courts.
  • Very Quietly, Nixon Peabody Launches ‘Second Opinion’ Practice
    Am Law Litigation Daily | November 24, 2010
    This article profiles NP Trial and features commentary from the group’s leader, Joe Ortego, throughout the piece.
  • Pro Bono Spotlight: Campaign for Justice 2010 Kicks off Soon
    Daily Record | November 12, 2010
    The article is one of a series of ongoing monthly columns by Linda Kostin, the pro bono coordinator for the Volunteer Legal Services Project (VLSP). This month, she features the Campaign for Justice, Rochester’s legal community’s fundraising effort to support free legal services. Rochester Commercial Litigation partner Carolyn Nussbaum is one of the co-chairs of CFJ.
  • Panel Urges Caution on Sanctions for Failure to Preserve E-Data
    New York Law Journal | October 12, 2010
    This feature article discusses the concerns of a panel of state and federal judges about the differing standards for the pre-litigation preservation of electronic records by state and federal judges sitting within the Second Circuit. Rochester Commercial Litigation partner Rick McGuirk was among the report’s authors.
  • Hedge Funds: Liability & Defense
    Bloomberg Law Reports | October 11, 2010
    This contributed article, authored by Boston Commercial Litigation partner Jon Sablone, discusses the increase in offshore hedge fund activity, which has resulted in an increasing number of disputes.
  • Federal Receivership Gaining Popularity
    Massachusetts Lawyers Weekly | October 11, 2010
    This feature article notes that as commercial mortgage-backed securities (CMBS) loans issued during the real estate boom begin to mature and cash-strapped borrowers default, receivership is becoming an attractive option for lenders who want to avoid foreclosure. Providence Commercial Litigation counsel Armando Batastini is quoted in the piece discussing this growing trend.
  • How to Minimize the Risks of a Data Breach
    New Hampshire Business Review | September 10, 2010
    This contributed article, authored by Manchester Litigation & Dispute Resolution associate Courtney Brooks discusses measures businesses should take in order to minimize the risks associated with a data breach.
  • How to Minimize the Risks of a Data Breach
    New Hampshire Business Review | September 10, 2010
    This contributed article, authored by director of litigation technology services John Roman, discusses measures businesses should take in order to minimize the risks associated with a data breach.
  • Minority Bar Celebrates 40 Years of Diversity
    Buffalo Law Journal | September 6, 2010
    This feature article highlights the 40th anniversary of the Minority Bar Association of Western New York (MBAWNY) and the organization’s annual awards. Buffalo senior Litigation & Dispute Resolution associate Sheldon Smith, president of the MBAWNY, is quoted throughout the piece regarding this year’s celebration.
  • Perils & Pitfalls
    Law Technology News | September 1, 2010
    This contributed article, authored by director of litigation technology services John Roman, discusses some of the pitfalls of over-enthusiastic installation of virtual machines.
  • On the Move
    The Recorder | August 23, 2010
    In this column highlighting California legal industry news, it is noted that San Francisco partner Bob Ebe has been named to the State Bar of California’s Franchise and Distribution Law Advisory Commission.
  • Local Firms Preparing for New Round of Madoff Suits
    Massachusetts Lawyers Weekly | August 23, 2010
    The feature story discusses firms who are preparing for a large new round of lawsuits in the coming weeks in connection with the Bernard Madoff federal bankruptcy case in New York. Boston Litigation & Dispute Resolution partner Jon Sablone provides commentary in the piece.
  • Expanding Turf
    Law Technology News | August 17, 2010
    This news brief highlights partner Jon Sablone for his expanded role within the Litigation Department to include leading the firm’s Information Law group. It is noted that this new role is in addition to leading the firm’s Electronic Discovery group.
  • Recent Developments in Europe and Australia
    Franchising Business & Law Alert | August 3, 2010
    This feature story discusses favorable trends in franchising despite the current economic challenges. Washington, DC, Franchise & Distribution associate Diana Vilmenay co-authored the piece.
  • Our Turn: JUA sequel is still an attempted theft
    Concord Monitor | July 27, 2010
    This op-ed piece, authored by Manchester partner Kevin Fitzgerald, addresses the proposed changes in the New Hampshire Department of Insurance Rules, which would directly affect firm client, the Joint Underwriting Association. The proposed new rules would ultimately permit the insurance commissioner to transfer the more than $110M of surplus funds from the JUA to the state’s general fund.
  • Our Turn: JUA sequel is still an attempted theft
    Concord Monitor | July 27, 2010
    This op-ed piece, authored by Manchester partner Scott O’Connell, addresses the proposed changes in the New Hampshire Department of Insurance Rules, which would directly affect firm client, the Joint Underwriting Association. The proposed new rules would ultimately permit the insurance commissioner to transfer the more than $110M of surplus funds from the JUA to the state’s general fund.
  • Our Turn: JUA sequel is still an attempted theft
    Concord Monitor | July 27, 2010
    This op-ed piece, authored by Manchester partner Gordon MacDonald, addresses the proposed changes in the New Hampshire Department of Insurance Rules, which would directly affect firm client, the Joint Underwriting Association. The proposed new rules would ultimately permit the insurance commissioner to transfer the more than $110M of surplus funds from the JUA to the state’s general fund.
  • People & Places
    Buffalo News | July 25, 2010
    In this column noting Buffalo-area moves, promotions, awards, and honors, Buffalo office managing partner Susan Roney is included for her recent appointment to the Board of Directors of the International Association of Defense Counsel.
  • News in Brief: Personal Notes on Lawyers
    New York Law Journal | July 23, 2010
    In this news column, it is noted that Buffalo office managing partner and Commercial Litigation partner Susan Roney has been named to the Board of Directors of the International Association of Defense Counsel.
  • Report Calls for Better Electronic Discovery in New York Courts
    Rochester Business Journal | July 9, 2010
    This contributed article, authored by Buffalo Litigation associate Ben Dwyer, offers a legal analysis of a recent report released by New York State’s Unified Court System that makes recommendations to improve courts’ and attorneys’ handling of electronic discovery.
  • Only “Some Degree of Success” Necessary for Attorney’s Fee Award under ERISA
    Bender’s Labor & Employment Bulletin | July 1, 2010
    This contributed article, authored by San Francisco Litigation & Dispute Resolution associate Isabelle Ord, discusses the U.S. Supreme Court’s ruling that a district court has discretion to award attorney’s fees and costs under ERISA to either party as long as the fee claimant achieved “some degree of success on the merits.”
  • Only “Some Degree of Success” Necessary for Attorney’s Fee Award under ERISA
    Bender’s Labor & Employment Bulletin | July 1, 2010
    This contributed article, authored by San Francisco Litigation & Dispute Resolution associate Brian Smith, discusses the U.S. Supreme Court’s ruling that a district court has discretion to award attorney’s fees and costs under ERISA to either party as long as the fee claimant achieved “some degree of success on the merits.”
  • ‘Inevitable Disclosure’ Takes a Hit in N.H.
    New Hampshire Business Review | June 18, 2010
    This contributed article, authored by deputy chair of the Litigation Department Scott O’Connell, discusses “inevitable disclosure” of trade secrets as a basis to obtain an injunction against a former employee and his/her new company. The article notes a recent decision by the presiding justice for the newly created Business and Commercial Dispute Docket, and discusses whether this doctrine is the “sounder rule of law” given New Hampshire’s limitations on non-competition agreements and restraints on trade.
  • ‘Inevitable Disclosure’ Takes a Hit in N.H.
    New Hampshire Business Review | June 18, 2010
    This contributed article, authored by Manchester Litigation & Dispute Resolution associate Courtney Brooks, discusses “inevitable disclosure” of trade secrets as a basis to obtain an injunction against a former employee and his/her new company. The article notes a recent decision by the presiding justice for the newly created Business and Commercial Dispute Docket, and discusses whether this doctrine is the “sounder rule of law” given New Hampshire’s limitations on non-competition agreements and restraints on trade.
  • Special Report: Local Litigators Share Their Passion
    Buffalo Law Journal | June 14, 2010
    Western New York litigators, including Buffalo Products Liability associate Ben Dwyer, are profiled in this special report discussing their careers and how being a litigator has shaped their lives, both personally and professionally.
  • Facebook E-Discovery Ruling Only Tip Of The Iceberg
    Law 360 | June 8, 2010
    This feature story discusses a U.S. District Court ruling to quash subpoenas seeking messages sent through Facebook Inc. and MySpace Inc. in a copyright suit involving fashion house Christian Audigier Inc. Washington DC, partner and leader of the firms Information Law group Jonathan Redgrave is quoted in the piece noting that this decision marks an important development in e-discovery law.
  • Kelly Will Chair Nixon Peabody Litigation Dept.
    Boston Globe | May 28, 2010
    This news brief notes that Boston partner Fred Kelly has been named chair of the firm’s Litigation department.
  • NH Still Trying To Nab $110M Surplus: Malpractice Fund
    Law 360 | May 25, 2010
    This feature article discusses the latest in the ongoing efforts of the New Hampshire Medical Malpractice Joint Underwriting Association’s policyholders to stop government officials from continuing to go after its $110 million surplus. Manchester Office Managing Partner and Litigation & Dispute Resolution partner Kevin Fitzgerald, who represents the policyholders, is quoted in the piece.
  • NH Still Trying To Nab $110M Surplus: Malpractice Fund
    Law 360 | May 25, 2010
    This feature article discusses the latest in the ongoing efforts of the New Hampshire Medical Malpractice Joint Underwriting Association’s policyholders to stop government officials from continuing to go after its $110 million surplus. Manchester partner and deputy Litigation department chair, Scott O’Connell, who represents the policyholders, is quoted in the piece.
  • SEC Widens Insider-trading Net
    Massachusetts Lawyers Weekly | May 24, 2010
    This feature article discusses the U.S. Securities and Exchange Commission’s efforts to cast an increasingly wider net in enforcing securities fraud. Boston partner and leader of the firm’s Commercial Litigation practice Timothy Mungovan is among the industry resources quoted in the piece discussing these efforts.
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Events

Nixon Peabody's Semi-Annual CLE Program: Buffalo and Rochester
May 30, 2013

Fund Disputes on the Rise—Emerging Trends & Practical Solutions
April 24, 2013 | New York, NY

Annual Rhode Island CLE Seminar
March 19, 2013 | Providence, RI

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Webinar: Shedding Light on the Sunshine Act Final Rule: Implications for Health Care Providers
February 13, 2013

American Conference Institute's 15th National Conference on Consumer Finance Class Actions & Litigation
January 31, 2013 | New York, NY

Webinar: The First Amendment and Off-Label Promotion: Understanding the Implications of U.S. v. Caronia
December 5, 2012

Nixon Peabody's New York CLE Program
December 5, 2012 | New York, NY

How Top In-House Law Departments and Firm Experts Manage the Challenges of E-Discovery
December 3, 2012 | Boston, MA

Real Life Fouls and Penalties: Considerations, issues, and strategies for business owners given the recent and significant increase of whistleblower activity
December 3, 2012 | Jericho, NY

Devices and Mobile Technology: A New Challenge for Maintaining Data Privacy and Security
October 10, 2012 | Rochester, NY

Asset Backed Securities: Financial Genius or the New Alchemy?
August 8, 2012 | Boston, MA

Webinar: Important Trends in Electronic Discovery
August 2, 2012

Nixon Peabody's Semi-Annual CLE Program (Buffalo and Rochester)
June 7, 2012 | Buffalo, NY

AIA, Damages, Ethics, Oh My! Hot Topics in IP
May 23, 2012 | Chicago, IL

Doing Business in China and Rhode Island CLE Seminar | Warwick, RI
May 16, 2012

Webinar: How to Keep Trade Secrets from Walking Out the Door
May 1, 2012

Webinar: Can employers catch a break and rest after Brinker?
April 17, 2012

Drafting and Enforcing Noncompetition Agreements and Steps to Take When Key Employees Leave
March 8, 2012 | Rochester, NY

Responding to Government Investigations: Legal and Ethical Considerations
January 24, 2012

Emergency Preparedness—How Ready Are You?
November 10, 2011 | Albany, NY

Webinar: Adding Insult to Injury: Investors in Madoff Feeder Funds Are Still Targets for Litigation
November 3, 2011

Disputes at Private Equity-Owned Portfolio Companies: How to Preserve Value & Manage Risks (Hot Topics for Middle Market Companies)
April 12, 2011

Alternative Investing Summit
December 5, 2010

Rochester CLE Program
November 19, 2010

Webinar: Document Retention and Destruction: Issues for Franchisors
July 7, 2010

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Litigation