Publications

This new article by Selendy Gay Elsberg examines whether shareholders, for whom sustainability is a guiding principle, can bring a claim against a company for its allegedly misleading representations, even though such misrepresentations cannot be tied to economic losses. It also explores whether securities laws provide remedies for those who believed they were investing in environmentally responsible companies, only to learn they were duped.

Writing for The Daily News, Babak Ghafarzade examines recent legislative proposals that have arisen in the wake of Covid-19 which would permit certain commercial buildings in parts of Manhattan to be converted to affordable residential rental properties.

For years, companies have known that promoting LGBTQ+ inclusion is good for business. But recent changes in the legal and regulatory landscapes, paired with growing consumer demand, have transformed what was once merely a profit-booster to a business necessity.

Writing for Offshore Red, Ester Murdukhayeva and Evan Bianchi explain why offshore practitioners should take note of recent US Bankruptcy Court rulings in Fairfield and scrutinize the Bankruptcy Code’s safe-harbor provisions before employing any strategy to pursue clawback claims in the United States.

Understanding the power of the press is a critical part of a well-rounded litigation strategy. Writing for the New York Law Journal, Faith Gay and Megan Larkin explore three steps litigators should follow to develop an effective press plan, and explain why the days of “no comment” are over.

One concern for crypto investors has been the lack of regulatory oversight. To remedy that, regulators must answer key questions: How should crypto assets be classified, and which government actors can best provide supervision?

Writing for LGBTQ Nation, David Flugman explores whether Justice Kavanaugh may be trying to occupy the position of “swing justice” held by Justice Kennedy, his former boss. "It would be a mistake to view the block of six conservatives as a monolith," Flugman wrote.

Faith Gay and Joy Odom explore how to turn difficult cases into coherent, winning stories for judges and juries.

Businesses that took on Paycheck Protection Loans to help weather Covid-19 must understand their potential liabilities under the False Claims Act. Writing for Bloomberg Law, Andrew Dunlap and Nick Klenow offer recommendations for companies, including implementing robust compliance plans.

Writing for Law360's "Expert Analysis" column, Joy Odom, Lauren Zimmerman and Megan Larkin examine how attorneys can deliver memorable and effective cross-examinations during virtual trials.