Publications

In this article, Oscar Shine and Emma Ashe examine the DOJ's motion for sanctions against Google to illustrate the potential dangers of auto-delete functions, review instructive cases from across the country, and offer tips and best practices to lawyers grappling with their own preservation obligations.

Selendy Gay Elsberg founding partner Faith Gay explores her career path and driving motivations in a piece for the American Bar Association’s Litigation Journal.

The legal industry has seen an increase in lateral partner moves in recent years. If you’re considering such a move, it is critical to understand—and avoid—potential pitfalls on your journey to your next firm. In this article, Selendy Gay Elsberg partner Joshua Margolin—who has extensive experience advising law firm equity partners in their transitions to other law firms—offers practical suggests for making an obstacle-free move to a new law firm.

Aggressive “lender-on-lender violence” transactions, which used to happen mostly in in-court restricting processes, have been increasingly utilized in the context of out-of-court restructurings in recent years. Jennifer Selendy, Max Siegel, and Samuel Kwak analyze recurring issues in disputes over such transactions in this article from Turnarounds and Workouts.

Partner Joshua Margolin and associates Amy Nemetz and Tony Russo published a piece in New York Law Journal exploring how collaboration between company and board counsel can present unique opportunities with increased benefits for the company during an investigation.

Sean Baldwin and David Coon have authored an article in Risk Management magazine to analyze how the increasing frequency and severity of natural catastrophes have significant implications for the insurance market. The dramatic uptick of these events, largely due to climate change, affect the industry from the basic level of primary insurance all the way up to insurance-linked securities.

Consumer recourse for violating the privacy of personal data depends on various state laws. Selendy Gay Elsberg PLLC examines whether companies can face private suits from consumers for deceptive practices in light of the recent Twitter/FTC battle involving allegations that Twitter deceived consumers about what it would do with their phone numbers and email addresses.

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.