Harris St. Laurent & Wechsler LLP

Robust directors and officers (D&O) insurance just became even more critical, as HSW partner Evan Bolla explains in an article for Law360 analyzing a U.S. Supreme Court ruling impacting third-party releases in bankruptcy proceedings. Weighing in on pharmaceutical giant Purdue Pharma’s bankruptcy case over its role in the national opioid crisis, the court held that non-debtors cannot be discharged from a Chapter 11 reorganization unless all affected claimants consent to it. Third-party releases in Purdue’s bankruptcy plan would have protected its owners, the Sackler family, from civil liability. However, because some creditors hadn’t consented and the Sackler family was not part of the debtor’s estate, the court found those releases were not permitted and therefore void under the Bankruptcy Code. To understand how this ruling will impact companies, directors, officers, and future claims, see the full article: https://bit.ly/3WeUi0G #D&OInsurance #USSupremeCourt #Chapter11Bankruptcy #PurduePharmaBankruptcy

When we say that HSW partner Barry Pollack has had a busy month, it’s no exaggeration. After two high-profile legal victories and a trip around the world, Barry was profiled by Law.com's Am Law Litigation Daily editor Ross Todd in a piece spotlighting his role in Julian Assange’s plea deal and the successful defense of a Washington, D.C. attorney. The article also addresses unresolved issues related to Assange’s case, which Barry says presents “critical questions” about how democracies navigate national security concerns alongside a free press. “I think the fact that his [Assange’s] case was charged has a tremendous chilling effect on journalists, and particularly national security journalists, not just in this country, but all over the world,” Barry said. See the full story here: https://bit.ly/4cTDEZO #WhiteCollarLaw #CriminalLaw #TrialLawyers #JulianAssange #WikiLeaks

It is with immense relief and gratitude that we celebrate the release of HSW partner Barry Pollack’s client, Julian Assange, after a 14-year-long legal battle and global campaign for his freedom. Barry negotiated a historic plea deal with the U.S. Department of Justice that resulted in a June 24 proceeding in the Northern Mariana Islands. Mr. Assange pleaded guilty to one count of violating the U.S. Espionage Act and was sentenced to time served. As reported by The New York Times journalists Mark Landler and Megan Specia, at a press conference in Australia, Pollack said: “Julian Assange has for so many years sacrificed for the freedom of speech, freedom of the press. He’s sacrificed his own freedom. … Hopefully, this is the end, not just of the case against Julian Assange, but the end of the case against journalism.” Pollack worked with a multinational team of dedicated lawyers, including HSW partner Julie Withers, Carmichael Ellis & Brock partner Jessica Carmichael, U.K.-based lawyer and barrister Jennifer Robinson, solicitor Gareth Peirce, U.K. barristers Edward Fitzgerald and Mark Summers and their outstanding teams. More on the case: https://bit.ly/4bmlQFL New York Times coverage: https://nyti.ms/45URd99 #JulianAssange #WikiLeaks #InternationalLaw #CivilRights #LegalVictory

With an impending ban on noncompete agreements poised to reshape the U.S. workplace, what steps can employers take now to prepare? HSW partner Evan Bolla shared key considerations for business owners with Best Lawyers for its mid-year roundup of commercial law trends. “Employers need to be prepared to communicate with their employees concerning the changes to the law and to identify retention mechanisms for those who might want to leave their companies in light of the changes to the law,” Bolla said. https://bit.ly/4c4KVGe #CommercialLitigationTrends #NoncompeteBan #FTC #CommercialLawyers

Our client was acquitted on all charges following a two-week jury trial. We could not be happier for him and his family. We want to thank our outstanding co-counsel Sara Kropf, our partner Barry Pollack, Dr. Monica Delgado, Ph.D. and everyone at HSW who worked tirelessly on this important case. The Washington Post covered the trial and the resulting acquittal: https://wapo.st/3KFTpYr #CriminalLaw #Verdict #Acquittal #CourtVictory

Our client was acquitted on all charges following a two-week jury trial. We could not be happier for him and his family. We want to thank our outstanding co-counsel Sara Kropf, our partner Barry Pollack, Dr. Monica Delgado, Ph.D. and everyone at HSW who worked tirelessly on this important case. The Washington Post covered the trial and the resulting acquittal: https://wapo.st/3KFTpYr #CriminalLaw #Verdict #Acquittal #CourtVictory

HSW’s defense of high-profile litigation over the publishing rights to Sports Illustrated has unearthed allegations of deceptive and illegal business practices. The firm has filed a countersuit on behalf of the sports magazine’s former publisher, The Arena Group Holdings Inc., alleging it was pushed out of its role through a “multistep corporate heist.” The litigation began when Arena missed a $3.75 million royalty payment to brand management company Authentic Brands Group LLC (ABG), which is now seeking a $45 million termination fee. However, the countersuit alleges Arena would never have missed that payment if ABG hadn’t undercut its attempts to make the business profitable while secretly conspiring with competitor Minute Media Inc. to strip Arena of its publishing license, trade secrets and publisher relationships. HSW partners Yonaton Aronoff and Megan Dubatowka, along with associate Juannell Riley, are representing Arena in the litigation. More details on the countercomplaint here: https://bit.ly/4aZlXa6 #CommercialLitigation #DeceptiveBusinessPractices #TradeSecrets #SportsIllustratedLitigation

Chambers and Partners has recognized HSW and seven of our attorneys — Jonathan Harris, Andrew St. Laurent, David Wechsler, Todd Gutfleisch, Kim Michael, Barry Pollack and Addy R. Schmitt — in its 2024 Chambers USA guide. The publication also ranked the firm in its New York Labor & Employment: Mainly Plaintiffs and New York Litigation: Specialist Firms in White-Collar Crime and Government Investigations categories. As a 30-lawyer boutique, having seven of our attorneys and two of our practice areas ranked reflects our firmwide commitment to excellence and to delivering great service to our clients every day. It is rewarding to be acknowledged among the nation’s leading law firms, and we always stay grateful for the trust and support of our clients and colleagues. https://bit.ly/4cnADRr #Litigation #Chambers2024 #WhiteCollarCrime #LaborAndEmployment #EmploymentLitigation

It’s crucial to tell insurers about potential claims even before there has been a specific demand made, according to HSW partner and general counsel Evan Bolla's latest article for the New York Law Journal, which analyzes a Second Circuit decision involving professional liability insurance. The case, Pine Management v. Colony Insurance Co., involved rental apartment company Pine Management, which purchased professional liability insurance from Colony Insurance Co. while facing a lawsuit over alleged mismanagement. But when a letter from the plaintiff's attorney alleging wrongdoing was referenced in the complaint, questions emerged over whether that letter constituted a claim that fell outside of the policy's coverage limits. The appellate panel found it did, concluding that the insurer was right to deny coverage. Evan’s article considers the ruling’s implications and practical takeaways for policyholders, including: · Regularly review your policies to understand key terms like "claim," "notice" and "reporting requirements." · Establish clear internal protocols for reporting potential claims. · Document all communications and incidents that could lead to claims. · Report potential claims promptly, especially during policy renewals. · Know the last date for reporting claims under an expiring policy and consider an extended reporting period if needed. To stay informed about protecting your coverage, see the full article: https://bit.ly/4aCcQMl #InsuranceLaw #ProfessionalLiabilityInsurance #BusinessLaw

HSW’s Monica Delgado, Ph.D., and Jonathan Harris are back at it with another article collaboration! This time, they wrote a piece for Law360 on how to identify and mitigate juror bias. Their piece, “15 Quick Tips For Uncovering And Mitigating Juror Biases,” explores sources of explicit and implicit jury bias in light of the jury selection issues that may impact former president Donald Trump’s New York hush money trial. They dive into established and innovative methods for detecting and addressing juror bias, ranging from using cultural experts and leveraging machine learning to advocating for plain-English jury instructions. Harris and Delgado write that “juror bias, whether overt or covert, has the potential to undermine the integrity of the trial. Diligent preparation, strategic planning and holding the government to its constitutional commitment to an impartial jury can help attorneys uphold the principles of justice and obtain a fair trial, even in the most contentious of cases.” Learn more about their article here: https://bit.ly/452viwm #JurySelection #Litigation #TrumpHushMoney #CriminalTrial