An employer’s honest belief that employee violated its FMLA leave policy is adopted as new precedent in Third Circuit. By Read more
The Securities & Exchange Commission recently concluded a two-year investigation into conflicts of interest with Centre Partners Management, a public equity fund adviser based in New York. The conclusion was reached that three of the firm’s advisers had engaged in conflict-of-interest activities in having personal investments with a third-party service provider. The SEC levied a $50,000 fine in response. Eaton & Van Winkle partner Paul Lieberman joins us here for a Q&A to discuss the settlement, it’s implications and how firms can avoid becoming entangled in situations like these…
Eaton & Van Winkle partner Martin Garbus made an appearance on the Democracy Now radio program earlier this week to make an appeal to President Obama for a pardon of Leonard Peltier before Mr. Obama leaves office at noon today. Democracy Now is an independent program that shuns corporate contributions and is co-hosted by Amy Goodman, an award-winning journalist. Her interview of Mr. Garbus this past week was one part of what has been a fervent effort by supporters of Mr. Peltier to gain an eleventh-hour pardon.
Mr. Garbus appeared on the program Start Making Sense, a 33-minute broadcast that includes luminaries such as former Labor Secretary Robert B. Reich, who discusses economic policy and also includes a review of the crazy year that was 2016. But the focus for Mr. Garbus was Leonard Peltier, for whom the clock is ticking…
EVW partner Martin Garbus represents Leonard Peltier, in his bid for clemency in what many believe to be a politicized conviction in a murder case dating back to 1975. The bid for clemency received a big boost this past week when no less than the lead prosecutor in the case, James Reynolds, joined the call for clemency.
In the past week, President Obama granted clemency to 231 individuals in federal prison. One of those was not Leonard Peltier, and that is something Eaton & Van Winkle partner Martin Garbus is working to rectify.
John Driscoll represented Star Brands North America, Inc and Godiva Chocolatier, Inc in connection with a $60 million US/Eurodollar credit facility arranged by Bank Of America London.
The right local partner can help you establish yourself in the American market and will work hard to assure your success because your partner has as much to gain from your collaboration as you do. As entrepreneurs invested in and knowledgeable about the American market, they can save you a great deal of time and help you to avoid mistakes that you might not anticipate as a foreigner in the U.S. market. The right local partner earns its share and has your back. With some luck, a little bit of flexibility and a lot of patience, the relationship should remain that way.
What constitutes patentable subject matter? It’s an important topic in the Intellectual Property Law community and for economic and technological development at large. Eaton & Van Winkle partner Maxim Waldbaum is critical of how the courts and the United States Patent & Trademark Office (USPTO) have handled this issue. He joins us here for a Q&A to outline the basic parameters of the current landscape
Hell Is A Very Small Place is a collection of essays where prisoners held in solitary tell their firsthand stories of a practice that has been denounced by UN Special Rapporteur on Torture, yet is widely practiced in the United States penal system. The work includes the testimony of penal experts who examine the practice and effects of solitary confinement from a variety of angles.
…the inability of those who manage enterprises that are trying to determine if the sum of the parts can be greater than the whole to discuss the smallest details concerning what they do and why they do it – information that would be the topic of conversation on the 7:40 train out of Syosset – assures from the start that any effort of one to learn about the culture and the business of the other is destined to fail.
Eaton & Van Winkle is pleased to announce a new professional relationship with Cynthia DiBartolo, Esq, the founder of Tigress Financial Partners. Ms. DiBartolo will serve as counsel to the firm. Tigress is an independent investment banking and brokerage firm, with all the appropriate credentials—registration with the SEC, a Registered Investment Adviser and a member of FINRA, MSRB and SIPC.
Saudi Arabia has recently adopted two ambitious development and transformation programs, Saudi Vision 2030 and the National Transformation Program) to Read more
The plaintiff, represented by EVW partner Lawrence Steckman sued several companies and former officers and employees for RICO damages.
EVW counsel Stephen Kramer has been named as a new member of the new AAA/ICDR Mergers & Acquisitions and Joint Read more
Eaton & Van Winkle partners Martin Garbus & Joe Johnson are representing former major league baseball great Pete Rose in his defamation lawsuit against John Dowd, who oversaw the 1989 investigation that resulted in Rose’s being banned from baseball.
Eaton & Van Winkle Partner Authors One Of Top Viewed Stories on Law360 – Speaks Out About Supreme Court & PTO Decisions That Erode Value of IP In Leading U.S. Industries
Mr. Waldbaum opines that the Supreme Court “has helped destroy the value of the sorts of innovations that once upon a time set our country apart from the world” and that the “U.S. Patent and Trademark Office and the courts are dismantling some of our country’s most important advances and innovations by manipulating basic definitions of rights given inventors under 35 U.S.C. §101.” We urge attorneys and business people who value technological progress and IP rights to read Mr. Waldbaum’s article
The Touro Law Review recently published an article by EVW partners Lawrence Steckman and Joe Johnson. The article addresses the question of when a litigant, in making its own allegations, can draw on the allegations from a separate complaint.
During the week of May 1, the Antitrust America Institute provided a report to the Justice Department and the Federal Trade Commission requiring SSOs to be sanctioned for violations of SEP guidelines by patent owners or potential infringers/licensees. Although SSOs are not entirely transparent as to how they work, in these industries, their members include impressive public and private sector professionals.
What happens when the Chief Compliance Officer requires supervision himself? That was the pertinent question is a recent case that came before the Securities & Exchange Commission and the result was an investment firm losing its registration, on top of the over $800,000 in funds that were allegedly misappropriated.
On May 12, 2016, the Federal Circuit in Enfish v Microsoft Corp., Civ 15-1244, found that the possibility of protection for software still exists, even though about 75% plus of all cases since Alice have declared software and financial systems and methods ineligible under 35 USC §101.
EVW Partner Chris Colvin Interviewed By Metropolitan Corporate Counsel Magazine On Organization For In-House Professionals
Eaton & Van Winkle partner Chris Colvin is the founder of In The House, an organization dedicated to the professional networking needs of in-house counsel. Mr. Colvin’s vision of a network where in-house counsel could get to know each other, both personally and on the professional level, today has 23,000 members. Mr. Colvin sat down with Metropolitan Corporate Counsel for their May 2016 issue to discuss what In The House does and where it is going.
Eaton & Van Winkle is proud that our partner Dr. Charles Miller is a co-author of the New York Intellectual Property Law Association’s (NYIPLA) amicus curiae brief, which was filed today in the United States Supreme Court in support of Sequenom, Inc.’s petition for a writ of certiorari.
Among the four principal forms of IP protection – patents, copyrights, trademarks and trade secrets – only trade secret misappropriation currently lacks a civil cause of action under Federal law. That may be about to change.
Chris Colvin, a partner in Eaton & Van Winkle’s IP and Litigation Sections, and the co-chair of the firm’s Cybersecurity Law & Data Privacy Group, will be joining a distinguished panel of IoT experts, including the Senior Director of Consumer Affairs for Microsoft Corporation and the General Counsel of Quirky, Inc.
Chris Colvin is a partner at Eaton & Van Winkle with over twenty years of experience in intellectual property law and commercial litigation. Chris is also the founder of In The House (www.inthehouse.org), the world’s fastest-growing private network for in-house counsel, which currently has 23,000 members worldwide. In this Q&A, Chris discusses the purpose of In The House and how law firms and in-house counsel can work together more efficiently
Eaton & Van Winkle partner Charles E. Miller is the principal author of the New York Intellectual Property Law Association’s amicus brief filed in support of Milo Shammas’ petition for writ of certiorari to the United States Supreme Court in a case involving a trademark registration application… At issue in Mr. Shammas’ petition was whether the PTO can include attorney fees in its tally of “expenses” that can be recovered from the plaintiff (Shammas) in a civil action against the Government under a section of the Lanham Trademark Act.
EVW Succeeds On Appeal in obtaining the reaffirmation of rule that felon may not employ the courts to recover the fruits of his crimes.
EVW’s Paul Lieberman was quoted in the context of discussing the issue of Equinox’s failure to refund $5.4 million in overcharges to Fund Frontier, even after being made aware of the overcharge by an independent auditor. The quote appeared in the most recent edition of ACA Insights, the official publication of the ACA Compliance Group.
Over the past few years a previously little-known law firm in western Pennsylvania has filed over 100 lawsuits against corporations for allegedly violating the Americans with Disabilities Act (the “ADA”). The twist is that most of these cases are not based on traditional ADA violations such as a failure to provide wheelchair access to “brick and mortar” retail stores. Rather, many are based on alleged violations related to issues that are not expressly covered by the ADA…
There are four important conclusions to draw from the SEC’s sanctions against the auditors of Grant Thornton LLP. Read them all here in this concise breakdown of the sanctions.
On December 4, 2015, the SEC sought public comment on the proposed new practice rules. EVW partner, Paul A. Lieberman, a member of the firm’s Corporate & Securities Lawand Litigation & Arbitrationpractice areas, participated as a Comment Letter drafter, along with several members of the New Jersey State Bar Association’s Securities Litigation and Regulatory Enforcement Committee.
…the court refused to allow CAIR to shore up its legal deficiencies… The case raises libel questions that have never been decided.
Award-winning journalist Allan Wolper hosts the radio program Conversations With Allan Wolper on WBGO 88.3 out of Newark, NJ. EVW partner Martin Garbus, who heads up the First Amendment Law group, appeared on the November 23 program. Listen to the interview here
Martin Garbus, who leads the Eaton & Van Winkle Civil Rights Law Group, won a legal victory in Great Britain on November 11. Rene Gonzalez, one of the “Cuban Five” represented by Mr. Garbus had initially been refused a visa by the British Department Of State after he was invited to address Parliament. On November 11, 2015, the British Court of Appeals granted Mr. Gonzalez a visa.
On Sept 22, 2015, the SEC announced its settlement of an administrative cease-and-desist proceeding through imposition of remedial sanctions against R.T. Jones Capital Equities Management, Inc., an SEC-registered investment adviser. This is the first enforcement matter establishing a willful violation of Rule 30(a) of Regulation S-P under the Securities Act of 1933, known as the “Safeguards Rule.” This proceeding is instructive for its itemization of the advisor’s failures over an extensive time period.
Martin Garbus, who heads up Eaton & Van Winkle’s Civil Rights Law Group, was in the nation’s capital last week to gain support for a clemency petition on behalf of Leonard Peltier. Mr. Peltier was wrongfully convicted in a June 1975 shootout between FBI agents and Native Americans at Wounded Knee in South Dakota.
Eaton & Van Winkle LLP and the Arab Banking Corporation Host a Luncheon With H.E. Sheikh Abdullah A. Alireza at EVW’s Offices
Eaton & Van Winkle is pleased to announce that, in conjunction with the Arab Bankers Association of North America, we will be hosting a luncheon for H.E. Sheikh Abdullah A. Alireza. The November 19 event will focus on U.S.-Saudi Arabian business opportunities and will run from 12:30-2 PM at our offices in New York City. Seating is very limited and those interested should immediately e-mail email@example.com or call 212-599-3030
Eaton & Van Winkle partner Martin Garbus, one of the foremost civil rights lawyers in the country, will be speaking at the All Lives Matter rally in Times Square. Attorney Garbus will join his voice with other prominent figures, ranging from Quentin Tarantino to Spike Lee to Harry Belafonte and Anthony Apaih. EVW is proud to support Mr. Garbus as he speaks up for human dignity at this critical phase in our country’s history.
EATON & VAN WINKLE LLP is pleased to announce that Christopher A. Colvin has joined our firm as a Partner and will be a significant addition to the Intellectual Property Law, Litigation and Arbitration and Media & Entertainment Law Practice groups.
Mr. Colvin has more than twenty years of experience handling all types of IP and Business Litigation matters across every industry and technology area…
Eaton & Van Winkle LLP is proud to announce a special reception with the former vice chair of Citibank. Learn more and RSVP today.
Categorised by Time magazine as “legendary”, Martin Garbus has made a career out of supporting the unsupportable. Many of his clients, political dissidents that have cried out for his help as a last resort in the face of harsh and heavy sentencing. He has also represented many well known 20th century icons, such as, Vaclav Havel, Andrei Sakharov, Nelson Mandela, Salman Rushdie during his “Satanic Verses” period, Lenny Bruce, Al Pacino, and many more.
It is time for planning and scheduling of the firm’s Annual Compliance Meetings and Risk Management Assessment. Here are Key Action Steps (KAS) that will assure that your Compliance and RM Processer are meaningful for management, staff and sales professionals…
The honor of “Super Lawyer” is one that comes from an independent selection process that uses extensive research and incorporates peer evaluation. The legal talent at Eaton & Van Winkle stood out during this process, with five lawyers earning the highest designation of “Super Lawyer” and two more singled out as “rising stars” in the profession.
EVW partner Martin Garbus was congratulated by Raul Castro at the United Nations for his role in the negotiations that led to the December 17, 2014 rapprochement between the United States and Cuba and, as well, his role in representing for five years the “Cuban Five,” exchanged for Alan Gross.
Robert D. Katz, Esq. of the Intellectual Property Group gave a presentation at the 7th Annual United States-China Intellectual Property Institute in Hong Kong on August 6-7, 2015 on the topic “The United States Supreme Court, Patent Law, and Its Effect on Technology.”
A recent decision by the United States Court of Appeals for the Second Circuit serves as an important reminder that US federal law provides a statutory device by which parties engaged in foreign legal proceedings can seek discovery in the United States in order to aid their claims or defenses.
EVW Partner Alan Van Praag has been invited to serve as a panelist at the prestigious London Shipping Law Centre during a seminar to be held on October 1, 2015 titled “Liens Across the Atlantic.”
EVW Partner Lawrence Steckman obtained a with prejudice dismissal of class plaintiffs’ amended pleading, which alleged Rule 10b-5 securities fraud claims against an auditor of a China reverse merger company.
Commercial litigation partner Joe Johnson won an affirmance before the Appellate Division, First Department, of a major ruling in New York State Supreme Court denying the motion for summary judgment filed by the general counsel for a New York Hospital regarding his breach of contract claim against the Hospital.
Saudi Arabia, after several years of consideration, has allowed foreign institutional investors to directly own publicly listed shares on the Tadawul, the Saudi stock exchange
The focus of the article was on “nightmare scenarios” frequently faced by CCO’s in performing their functions, including possible regulatory sanctions.
On April 16, EVW partner Paul Homsy will be speaking at the Global Interdependence Center (GIC) conference on business opportunities Read more
EATON & VAN WINKLE is pleased to announce that Paul A. Lieberman has joined our firm as a partner and Read more
From the article, “Ponzi Scheme Charges Against Adviser Make the Case for Effective Monitoring,” published in the February 2, 2015 Read more
Eaton and Van Winkle civil rights and First Amendment lawyer Martin Garbus has published a letter on the New York Read more
What’s the #1 mistake to avoid when you hire an expert witness? EVW partner Steven Wolfe is the first of Read more
Eaton and Van Winkle partner Martin Garbus is a key player in negotiations between the Obama Administration and the Cuban Read more
Eaton and Van Winkle Partner Martin Garbus is being interviewed for Robert Redford’s television series “Death Row Stories” which features Read more
Eaton & Van Winkle Partner Martin Garbus will appear on the Charlie Rose show which will air on October 24, Read more
Eaton and Van Winkle partner, Martin Garbus, a First Amendment attorney, appeared on the Charlie Rose show to debate Floyd Read more
On October 17, 2014, Eaton & Van Winkle Partner Martin Garbus appeared on the Geraldo Rivera show along with Bernard Read more
Eaton & Van Winkle partner Martin Garbus was interviewed by Michael Slate on October 8, at 4:30 pm EST, regarding Read more
Eaton & Van Winkle Partner David M. Gerstein, assisted by Partner Brendan Marx, represented the shareholders and subordinated lenders of Read more
Eaton & Van Winkle Partner, Martin Garbus, counsel to the Cuban Five, was interviewed this week on the Geraldo Rivera Read more
EVW Partner Stephen Nagler, Executive Director of MedPro Investors, LLC will announce the closing of MedPro’s first investment. MedPro Investors Read more
EVW Partner Martin Garbus is counsel to the so-called “Cuban Five.” On September 11, the Justices on the International Commission Read more
Eaton and Van Winkle Partner Martin Garbus, head of EVW’s Civil Rights and First Amendment practice groups, has received The Read more
On September 3rd, 2014 Eaton & Van Winkle Partner, Martin Garbus was quoted in the online issue of thewrap.com in Read more
On September 2nd, Eaton & Van Winkle Partner, Martin Garbus was quoted in the online issue of Reuters.com in an Read more
For an impressive 16th year in a row, Eaton & Van Winkle Partner Maxim Waldbaum was recently listed in “The Read more
In August 2014, Eaton & Van Winkle Partner, Martin Garbus was given a prestigious Honorary Patronage Award from the University Read more
Partner Robert Katz of Eaton & Van Winkle’s Intellectual Property Win Trademark Cancellation Proceeding in China
Partner Robert Katz of Eaton & Van Winkle’s Intellectual Property Group prevailed in a trademark cancellation proceeding in China. Eaton Read more
May, 2014 Partner Lawrence Steckman, acting as plaintiff’s special RICO counsel, defeated defendants’ motions to dismiss for failure to state Read more
May, 2014 Partner Robert Katz prevailed in a cancellation proceeding before the Chinese Trademark Office. A third party had registered Read more
April 2014 EVW Partner Mac Waldbaum mediated two separate case last month on consecutive days both to a successful conclusion, Read more
April 2014 Partner Mac Waldbaum successfully litigated a case for the well known jeweler SABIKA against one of the largest Read more
April, 2014 EVW Partner John Driscoll was elected Vice president of the Turkish American Chamber of Commerce & Industry (TACCI) Read more
March, 2014 EVW Partner Robert Swetnick successfully tried a case before the New York State Industrial Board of Appeals. His Read more
March 2014 EVW Partner Martin Garbus succeeded in dismissing much of a lawsuit which, at its core, is a free Read more
In March 2014, Eaton & Van Winkle attorneys Martin Garbus and Joseph Johnson were successful in representing an award-winning documentary Read more
February, 2014 EVW Partner Robert N. Swetnick successfully negotiated the consent of the Suffolk County District Attorney’s Office to the Read more
February, 2014 EVW Partner Robert N. Swetnick represented Fire Command Co. Inc. in its acquisition of all of the assets Read more
EVW Partner Wins Freedom for Prisoner Accused of Murder after 18 Years in Prison — and is Now Suing for Read more
February 2014 EVW Partners Michael Lacher and Adam Rader filed a multimillion dollar lawsuit in federal court against the Calder Read more
Attorney, Lawrence Steckman, co-head of EVW’s Securities Fraud Litigation Group and EVW’s litigation team obtained dismissal with prejudice of a securities fraud complaint seeking in excess of $60 million against an outside auditor for alleged GAAP and PCAOB violations.
February 2014 EVW Partners Michael Lacher and Robert Rubenfeld closed a $20 million dollar commercial retail condominium transaction in Manhattan Read more
February 6-7, 2014 – Tbilisi, Georgia – Partner Ted Semaya served as an expert specialist at the invitation of the Read more
January 27, 28, 2014 – New York, New York – On January 27th, International Litigation Partner Ted Semaya hosted a Read more
Attorney John Driscoll, head of EVW’s Turkish Practice Group and the EVW M&A team represented Yıldız Holding AŞ, an international food and beverages group headquartered in Turkey, in its $221 million acquisition of DeMet’s Candy Company.
January 27, 2014 EVW closes $221 million acquisition and merger. EVW represented Yɪldɪz Holding AŞ, an international food and beverages Read more
Attorney Steven Wolfe representing the estate of a celebrated art dealer, obtained dismissal, with prejudice, of an action brought by the Calder estate for more than $20 million for alleged improper retention of estate assets.
December 24, 2013 EVW PARTNER OBTAINS VICTORY IN WIDELY PUBLICIZED LITIGATION. A front page New York Times article on October Read more
November 15 2013 – EVW’s IP litigators obtained a permanent injunction against defendant jewelry infringers. Partner Mac Waldbaum, leading the Read more
October 2013 – Partners Alan Van Praag and Edward Floyd successfully argued that the United States District Court for the Read more
October 2013 – CONGRATULATIONS to Eaton Partner Lawrence Steckman who recently acted as defense counsel to an outside auditor in Read more
October 2013 – Partner Steve Nagler attended ioContact 2013 in Quebec City where he chaired a venture capital panel and Read more
October 2013 – Partner Robert N. Swetnick obtained a partial summary judgment award in excess of $600,000.00 against a jewelry Read more
October 2013 – Partner Ted Semaya chaired a program at the New York County Supreme Court with Alexandra B. Carter, Read more
October 2013 – Partner Robert N. Swetnick negotiated the franchise agreement and leasehold for the establishment of the first Hungry Read more
October 2013 – Partner Robert N. Swetnick successfully defended a claim for breach of a covenant not to compete by Read more
October 2013 – Paul Homsy spoke on Islamic finance at the annual C3 Summit (www.c3s-2013.com), which was held at the Read more
September 25, 2013 – Law360 quoted EVW partner Lawrence Steckman regarding the dismissal of a Rule 10b-5 class suit against Read more
September 2013 – Partner Steve Nagler attended a medical conference in Salt Lake City and discussed financing of emerging biotech Read more
September 2013 – Partner Lawrence Steckman defended an outside auditor firm against securities fraud claims in New York’s Southern District. Read more
September 2013 – Partner Robert N. Swetnick was successful in having the State Liquor Authority deny three separate applications for Read more
September 2013 – In a special proceeding pursuant to NY CPLR article 4, partners Alan Van Praag and Edward Floyd Read more
August 2013 – Partner Lawrence Steckman defended an outside auditor firm against securities fraud claims in New York’s Southern District. Read more
Partners Alan Van Praag and Edward Floyd, with corresponding counsel in Louisiana, successfully argued that funds which had been deposited Read more
Partners Martin Garbus and Joseph Johnson were successful in representing an award-winning documentary filmmaker sued for defamation for the contents Read more
CONGRATULATIONS to Eaton partner Lawrence Steckman, who recently represented a technology company in an action filed in Utah district court Read more
Bob Churchill and Rob Gross obtained injunctive relief and damages against a celebrity journalist who aired an interview with an Read more
Partners Alan Van Praag, Edward Floyd and Robert Gross successfully obtained an order from the United States Bankruptcy Court for Read more
Partners Martin Garbus, Joseph Johnson and Edward Floyd successfully defended Jon Carnes against defamation lawsuits brought against him by Chinese Read more
On May 19, 2012, Partner Ted Semaya was a member of a panel on New York’s Competitiveness in International Dispute Read more
Partner Lawrence Steckman was defense/appellant’s counsel to an opinion-counsel law firm seeking $50 million in damages for an alleged fraud-induced loan.