News

May 26, 2026 | In The Media

Barton LLP is pleased to announce that nationally recognized intellectual property and commercial trial lawyer Richard (“Rich”) de Bodo has joined the firm as a partner in its Los Angeles office. De Bodo is an AmLaw veteran and practice ...

Apr 30, 2026 | Firm News

Members of Barton’s Financial Services & Securities Litigation Team recently attended the Financial Services Recruitment Litigation Conference on April 30th. Hosted by Fisher Phillips, this annual conference covers the latest trends and ...

Apr 30, 2026 | Attorney Article

On April 30, 2026, Managing Partner Roger Barton and Of Counsel Brigette Renaud co-authored an article for Thomson Reuters / Westlaw Today titled, "New U.S. Department of Labor proposed regulations could pave way for more alternative 401(k) ...

Apr 23, 2026 | Firm News

On May 5, 2026, Partner Tara Aaron-Stelluto is slated to speak at the International Trademark Association (INTA) Annual Meeting in London, England. INTA is a global network of brand owners and professionals dedicated to supporting trademarks and ...

Apr 15, 2026 | Blog

Chicago-born rapper and hip-hop artist Chancelor Bennett, better known as Chance the Rapper, recently prevailed in a dispute brought by his former manager, Pat Corcoran, related to claims of unpaid commissions. The case highlighted the critical need ...

Apr 10, 2026 | In The Media

Barton LLP was recently highlighted in an April 10th article from ALM / Law.com, "From Kirkland and Sidley to a Fresh Start: Big Law Offshoots Thrive Over the Years" On the heels of three former Kirkland litigation partners who left to form their ...

Apr 7, 2026 | In The Media

Partner Randy Rasey was recently quoted in a Barron’s article titled, “Trump, Senate Want to Ban Institutional Investors From Single Family Homes. They’re Already Having an Impact on Real Estate.” The article covers both an executive ...

Mar 30, 2026 | Firm News

Barton would like to congratulate its Managing Partner, Roger E. Barton, on his recent selection to the Law360 Editorial Advisory Board for the Legal Industry section. Law360 is a leading legal publication covering 60+ sections on major topics, ...

Mar 19, 2026 | Firm News

On March 19, 2026, in a precedent-setting case, Barton won reversal in the United States Court of Appeals for the Ninth Circuit of a district court judgment denying a motion to compel arbitration. In Sandler v. Modernizing Medicine, Inc., ___ ...

Mar 17, 2026 | Blog

Introduction State income tax has traditionally been one of several factors people consider in deciding to relocate. Currently, however, state taxes are often the primary driving force for relocating. In states like California (14.49% tax), New ...

Mar 13, 2026 | Firm News

Partner Bernie Resser has been recognized in Los Angeles magazine’s 2026 “Best of LA Legal.” Having long partnered with other legal ranking services, Los Angeles magazine has brought its selections for legal rankings in-house to create the new ...

Mar 11, 2026 | Firm News

On March 11, four members of Barton’s Financial Services team attended AdvisorHub’s annual “RIA Masterclass,” an event where AdvisorHub CEO Tony Sirianni (a former advisor and founder of two RIA firms) along with other industry leaders ...

Mar 9, 2026 | Blog

In 2023, the NLRB issued its infamous, extremely pro-labor decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130, 2023 WL 5506930. By that edict, the Board was now requiring employers to file an RM petition upon receipt of a union ...

Feb 26, 2026 | Blog

Last month, the Trump Administration released a new Executive Order (EO) taking aim at institutional investors (particularly private equity firms) that have acquired large portfolios of single-family homes as rental properties. Trump’s EO is ...

Feb 26, 2026 | Firm News

Senior Counsel Ken Rashbaum was recently recognized in the Legal 500 US Elite rankings in the New York Elite - Cybersecurity and Data Protection section. Ken was 1 of only 40 New York attorneys to be ranked in this practice area, and 1 of only 20 to ...

Feb 25, 2026 | Blog

Albert Einstein famously said, “If you can’t explain it simply, you don’t understand it well enough.” When applying this maxim to the risk management dilemma for artificial intelligence (AI) models, the answer lies in the concept of ...

Feb 20, 2026 | Firm News

by Charlene Valdez Warner Senior Associate, Litigation I recently traveled to Rusutsu Resort in Hokkaido, Japan—a winter wonderland known for its deep powdered terrains and tree runs. Over several days, I spent hours snowboarding through ...

Feb 4, 2026 | Firm News

Barton LLP has added another former AmLaw partner to its ranks with the addition of Patrick J. Smith as a partner in its New York office. Pat is an experienced commercial litigator and regulatory attorney who represents clients large and small, with ...

Jan 30, 2026 | Blog

If you’ve ever been online shopping and thought, “Hmm, this item’s price is different than usual,” or if an ad pops up for something that you swear you were just thinking about, you may in fact be experiencing the results of “surveillance ...

Jan 27, 2026 | Firm News

On February 5th, Senior Associate Charlene Valdez Warner is slated to speak as a panelist for a webinar hosted by the Moot Alumni Association (MAA). The MAA connects alumni of the Willem C. Vis International Commercial Arbitration Moot, a ...

Jan 26, 2026 | Firm News

On January 29th, Managing Partner Roger E. Barton was a panelist for an ALM Law.com Pro Mid-Market webinar titled, "How Stratification and Consolidation Are Redefining Law Firm Partnership." Other panelists included: Ed Estrada, Managing ...

Jan 22, 2026 | Client Memo

For businesses with any employees in California, a February 1st deadline for a requirement to inform employees of their rights is quickly approaching. This requirement applies to all employers with employees in California—there is no minimum ...

Jan 9, 2026 | Blog

Introduction Legislation included in the One Big Beautiful Bill Act (signed into law last July) adopts many new tax policies designed to incentivize real estate development. In addition, the Federal Reserve is expected to further reduce interest ...

Dec 5, 2025 | Firm News

On December 5th, Barton took part in the annual BritishAmerican Business Holiday Luncheon, which helps to raise vital funds for BritishAmerican Business and their charity partners: King’s Trust USA, The Duke of Edinburgh’s International Award, ...

Dec 4, 2025 | Firm News

On December 12, 2025, Partner Ken Rashbaum is slated to speak at the Society of Corporate Compliance and Ethics (SCCE) New York Regional Conference, hosted and sponsored by Fordham University. The SCCE offers local compliance education for ...

Dec 1, 2025 | Firm News

Barton LLP was pleased to host student members of the Pre-Law Society from the Honors College at Long Island University on Monday, December 1st, for a breakfast and discussion centered on the legal profession. Managing Partner Roger Barton led a ...

Nov 25, 2025 | Firm News

During the month of November, several Barton team members participated in a “Movember” facial-hair-growing challenge. Movember is a global movement to promote men's health, drawing attention to issues such as mental health, prostate ...

Nov 20, 2025 | Firm News

On November 20, 2025, Senior Associate Charlene Valdez Warner recently spoke on a panel for New York Arbitration Week (NYAW). NYAW, which ran from November 17–21 this year, is an annual gathering that brings together practitioners, arbitrators, ...

Nov 20, 2025 | Firm News

Barton LLP has been ranked in Chambers USA New York Spotlight Guide 2026 and recognized as a leading small to medium-sized law firm offering a credible alternative to Big Law. Barton was selected based on an independent and in-depth market ...

Nov 20, 2025 | Firm News

Barton LLP is pleased to announce our 24 attorneys that have been selected to Super Lawyers and Super Lawyers: Rising Stars for 2025. A Thomson Reuters publication, Super Lawyers is an annual, national listing of the top 5% of lawyers in their ...

Nov 19, 2025 | Firm News

On November 19th, Barton hosted its Annual Thanksgiving Open House at our New York Office to express our gratitude towards our clients and friends of the firm who make what we do possible. Thank you to all who attended!

Nov 16, 2025 | Firm News

Senior Associate Charlene Valdez Warner recently spoke on a panel and participated as a mock arbitrator for the 'Cross Examination Masterclass' hosted by Young ICCA (International Council for Commercial Arbitration) held at Skadden Arps on November ...

Nov 13, 2025 | Firm News

Partner Elliot Weiss was recently a featured guest speaker at the ‘Music X Nashville” Summit on November 13th. The Summit was an event for music business professionals dedicated to the conversations shaping the future of the music ...

Nov 6, 2025 | Firm News

Barton LLP is pleased to announce that it has been recognized by Best Law Firms® for 2026 at both the national and regional levels. Compared to last year’s rankings, Barton earned two new national level rankings in Labor & Employment law and ...

Nov 4, 2025 | In The Media

Barton LLP is pleased to announce that Jeffrey Symons has joined as a Partner in its New York office. Jeff has represented corporations and private equity firms on transactions with an aggregate value in excess of $195 billion. He concentrates ...

Oct 29, 2025 | Firm News

On October 29, 2025, Partner Ian Shane was a speaker for a CLE program series hosted by the New York City Bar Association. A three-part series titled, “Tax Updates 2025: What Lawyers Need to Know,” the program explored the significant tax law ...

Oct 20, 2025 | Firm News

On October 20th, Managing Partner Roger Barton addressed the International Legal Affairs Network (ILAN) at the Association of Corporate Counsel's (ACC) 2025 annual meeting in Philadelphia. ACC ILAN's mission is to identify a wide range of ...

Oct 7, 2025 | In The Media

Senior Associate Charlene Valdez Warner was recently featured in ArbitralWomen's news page. ArbitralWomen is a global network of women in international dispute resolution. Its members consist of lawyers, arbitrators, counsel, mediators, and other ...

Oct 2, 2025 | Firm News

Congratulations to Partner Tara Aaron-Stelluto, who has been selected to sit on the Data Protection Committee for the International Trademark Association (INTA) for the 2026-2028 term. INTA is a global network of brand owners and professionals ...

Oct 2, 2025 | In The Media

Partner Ken Rashbaum was quoted in an article published by DarkReading, a news site that provides information on cybersecurity strategy and latest trends. Ken was quoted in the article, “Despite More CVEs, Cyber Insurers Aren't Altering ...

Sep 29, 2025 | Blog

By Thomas C. White, Esq. and A.J. Monaco, Esq As any financial industry professional knows, any financial services dispute involving Financial Industry Regulatory Authority (“FINRA”) members and/or associated persons are required to submit to ...

Sep 23, 2025 | Firm News

On September 23, 2025, Barton attorneys Sevil Özişik and Petek Günay Balatsas attended the inaugural event for the Global Turks Foundation at the Meta Headquarters in Hudson Yards, which brought together policymakers, business, and thought ...

Sep 19, 2025 | Blog

As technological innovations grow ever more sophisticated and widespread, there is a parallel increase in the complexity of challenges regarding the admission of digital evidence in the courts. This is especially true for evidence created or ...

Sep 19, 2025 | Firm News

Partner Kenneth Rashbaum will be speaking at the New Jersey Hospital Association’s (NJHA) expert-led “AI in Healthcare” program on October 15th. The conference will help equip executives, governance leaders, and compliance officers with a ...

Sep 11, 2025 | Blog

Several changes to Massachusetts law may require employers to review and edit their current practices and policies: PAY RANGE DISCLOSURE Beginning October 25, 2025, employers (with 25 or more employees, who work from or in Massachusetts) have ...

Sep 8, 2025 | Firm News

On September 8, 2025, Partner Michael Ward was a panelist at the “Succession Summit” hosted by the Financial Planning Association (FPA) of Metro New York at BlackRock’s New York office. The event focused on succession planning in the financial ...

Aug 28, 2025 | Blog

What is the Hart-Scott-Rodino Act? The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), originally enacted by President Gerald Ford, requires parties to notify the Federal Trade Commission (FTC) when planning to execute large mergers ...

Aug 28, 2025 | Firm News

Partner Ken Rashbaum is slated to speak at a tech-centered webinar for myLawCLE on September 11, 2025. Ken will lead a program titled, “What Comes After Discovery? How Providers Can Help Meet the Unique Admissibility Challenges of AI-Based or ...

Aug 22, 2025 | Blog

California: AI Use & Automated Decision-Making The California Civil Rights Department has passed regulations that govern an employer’s use of artificial intelligence (AI) and other “automated-decision systems” in employment ...

Aug 21, 2025 | Firm News

Since 1983, Best Lawyers has compiled annual lists of top-rated lawyers nominated for their professional abilities and vetted through a rigorous peer review process by other attorneys in the same geographical region and practice area. ...

Aug 1, 2025 | Attorney Article

While artificial intelligence tools hold massive potential to create efficiencies and new ways of working, they can also wreak havoc if exploited by bad actors. In his latest Bloomberg Law article, Partner Kenneth Rashbaum highlights the security ...

Jul 31, 2025 | Firm News

Did you know that your company could be benefitting from a tax credit for offering Paid Family and Medical Leave (PFML)? In order to encourage employers to offer PFML, IRS Code Section 45S allows employers to claim a credit equal to a percentage of ...

Jul 28, 2025 | Blog

On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (OBBBA) which is the most significant piece of tax legislation since the Tax Cuts and Jobs Act of 2017 (TCJA). Upfront, we must note that OBBBA preserves the most ...

Jul 28, 2025 | Firm News

Barton was recently a “Patriot Pride” sponsor for Ward Melville High School’s 15th Annual Golf Outing, which helps raise funds to support the school’s booster club and football program. Partner Michael Ward graduated from Ward Melville ...

Jul 22, 2025 | Blog

On July 4th, President Trump signed the One Big Beautiful Bill (“OBBB”) into law. The OBBB is a broad tax bill covering many aspects of tax law. While its primary aim is to update the 2017 Tax Cuts and Jobs Act (TCJA), it also includes a variety ...

Jul 22, 2025 | Firm News

On July 22, Managing Partner Roger Barton spoke on a panel as part of “Lunch & Learn Around the World: New York and Chicago," an event hosted by the International Legal Affairs Network (ILAN) of the Association of Corporate Counsel (ACC). ...

Jun 27, 2025 | Blog

U.S. companies with offices and/or interests abroad, particularly in China (including Hong Kong and Macau) and Russia, should be aware of the latest data protection regulation going into effect on July 8, 2025. Specifically, this Rule impacts ...

Jun 26, 2025 | Blog

The U.S. District Court for the Northern District of California, in an order issued on June 23, has found that using copyrighted content to train generative AI is transformative and therefore qualifies as “fair use.” (Bartz et al. v. Anthropic ...

Jun 26, 2025 | Firm News

On June 26th, Partner Ken Rashbaum spoke for an Association of Corporate Counsel (ACC) webinar titled “The Global Privacy Playlist: Key Legal Updates and Best Practices.” The program delved into the latest developments in international data ...

Jun 25, 2025 | Firm News

On June 25th, Barton secured a Temporary Restraining Order (TRO) in Suffolk County Supreme Court for its client Kuttin Wealth Management (KWM). KWM had previously filed a complaint against a former financial advisor registered representative and ...

Jun 20, 2025 | Blog

The U.S. District Court for the District of Nevada recently issued a detailed decision and order granting Barton’s client a preliminary injunction in a case involving claims of trademark infringement and trade dress infringement. (Go New York ...

Jun 12, 2025 | Firm News

Barton has been recognized by both Chambers USA Guide 2025 and Chambers USA: Spotlight Guide 2025. Chambers is the world’s leading legal ranking and insights intelligence company. For over 30 years, Chambers has differentiated the very best ...

Jun 9, 2025 | In The Media

In another expansion of its litigation capabilities, Roger S. Kobert, a nationally recognized trial attorney with over 35 years of international and commercial litigation experience, has joined Barton LLP as a partner in its New York ...

May 30, 2025 | Attorney Article

Partner Kenneth Rashbaum was recently published in Bloomberg Law in an article that discusses how attorneys can use the skills they use to question witnesses to help create effective generative AI prompts (“Lawyers Using Generative AI Models Must ...

May 30, 2025 | Blog

Background Over the past few years, computers and computer software have developed in ways not previously foreseen. We have advanced from using floppy disks to CDs to downloadable programs to cloud computing. The pace of this evolution of ...

May 15, 2025 | Firm News

On May 15th, 2025, Partner Tara Aaron-Stelluto spoke at a webinar hosted by Frazier Deeter on the Tennessee Information Protection Act (TIPA). Titled “TIPA Compliance Checklist: Legal and Operational Steps for Tennessee Businesses,” the webinar ...

May 8, 2025 | Firm News

On May 8, 2025, Barton hosted BritishAmerican Business at our New York office for a panel and networking event that explored the world of tech, specifically innovation in the field of AI in the proposal and grant space. The event featured a panel ...

May 8, 2025 | Attorney Article

Managing Partner Roger Barton published his latest article with Thomson Reuters on May 8th, titled "Delaware law changes parameters for transactions involving interested directors, officers, and controlling stockholders." The article delves into ...

May 7, 2025 | Firm News

On May 7th, 2025, Partner Elliot Weiss spoke on a panel at the 3rd Annual Music X NYC Summit, put on by Trusted Advisor. Hosted in Brooklyn, NY, the Music X NYC Summit is a one-day event dedicated to the music business and top artist advisors. ...

Apr 24, 2025 | Firm News

Barton recently hosted the April meeting for the New York/Nashville Business Alliance (NY/Nba), held in Nashville on April 24th. Managing Partner Roger Barton spoke about "Legal Trends & Better Law” in both the New York and Tennessee ...

Apr 18, 2025 | Firm News

Partner Ross Charap has been selected as a Billboard Top Music Lawyer of 2025, making this the fourth consecutive year he has received the accolade. The awards, issued by Billboard, serve to highlight the “savviest legal counselors throughout the ...

Apr 8, 2025 | In The Media

Intellectual property partner and music industry veteran Ross J. Charap has joined Barton as its latest AmLaw 100 lateral partner hire. Ross has built a long and successful career representing some of the most legendary musicians, songwriters, ...

Mar 31, 2025 | Blog

On February 26, 2025, the Supreme Court issued a ruling that served to uphold the tenet of “corporate separateness” in litigation. The case reinforces that if a plaintiff wants to hold a corporate affiliate liable for damages, that affiliate has ...

Mar 31, 2025 | Firm News

Partner Tara-Aaron Stelluto is slated to speak at the British-American Business Network (BABN) 2025 Transatlantic Conference from April 30 – May 2 in Charlotte, North Carolina. The BABN is the largest transatlantic business network, with 20 ...

Mar 13, 2025 | In The Media

Partner Ken Rashbaum was profiled in the Winter 2025 Edition of Primerus Paradigm Magazine in two articles titled, “Attorney helps clients navigate ever-evolving cyber threat landscape,” and “A 9/11 survivor put his memories of the tragic day ...

Mar 12, 2025 | Blog

In Invst, LLC v. Jonathan McCarty, et al., No. 1:25-cv-00254-SEB-KMB (March 12, 2025), Barton secured a major win for its client in successfully petitioning for a Temporary Restraining Order (TRO) against two of its former financial ...

Feb 28, 2025 | Attorney Article

In a recent Bloomberg Law article titled "AI Tool Success Hinges on Strategic Partnerships and Compliance," Barton Partner Kenneth Rashbaum and co-author Carole Basri provide a road map for organizations that want to use AI tools from third-party ...

Feb 24, 2025 | Attorney Article

Managing Partner Roger Barton looks at the ruling in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System and examines how it has opened the door for other defendants in certain securities fraud cases to attempt to rebut shareholders’ ...

Feb 21, 2025 | Blog

On February 11, a federal judge handed down a ruling in what may turn the tide against artificial intelligence companies claiming a “fair use” defense to the act of copying huge quantities of third-party content to train their technology. The ...

Feb 21, 2025 | Firm News

Partner Kenneth Rashbaum recently spoke at the American Conference Institute’s 2nd Annual Life Sciences AI Summit, which ran from February 20-21, at the New York City Bar Association. The summit provided essential insights into navigating ...

Feb 19, 2025 | Firm News

New York Office Paul A. Share joins as a Partner in Barton’s Corporate Group. He represents clients at every stage of a business’ life cycle including mergers & acquisitions, joint ventures, financings, and sale transactions. Paul also ...

Feb 13, 2025 | Blog

The financial advisor industry is facing a population crisis of sorts. According to a report by financial services research firm Cerulli Associates (The Cerulli Report—U.S. Advisor Metrics 2024), the headcount of financial advisors in the ...

Feb 11, 2025 | In The Media

Partner Kenneth Rashbaum was recently featured on the Chattinn Cyber podcast, hosted by Marc Schein of Marsh McLennan Agency. In this episode, Ken provides insights into navigating cybersecurity contracts in the current context of a rapidly evolving ...

Jan 28, 2025 | Blog

How should damages be calculated when the offending party is a start-up, with little to no assets? The Delaware Chancery Court recently faced this exact conundrum. In the memorandum opinion for Enhabit Inc. v. Nautic Partners IX, L.P., the Court ...

Jan 27, 2025 | Blog

With the new year comes new changes for employers. New laws and regulations mean that employers may be affected by certain issues in 2025 that they did not have to contend with previously. Pay transparency and paid leave are two of the most pressing ...

Jan 6, 2025 | Blog

As digital scammers and con artists become more sophisticated, so do the technological tools they employ to carry out their cybercrimes. These types of crimes can include using malicious software, phishing schemes, social engineering, and fraudulent ...

Dec 13, 2024 | Firm News

On December 13, 2024, Partner Ken Rashbaum spoke at the Society of Corporate Compliance and Ethics (SCCE) New York Regional Conference hosted and sponsored by Fordham University. The SCCE offers local compliance education for practitioners in a ...

Dec 13, 2024 | Blog

The European Union (EU) has brought into effect yet another sweeping regulation that may well affect businesses around the world. In the past five years, The EU has already rolled out a variety of regulatory frameworks with global implications, ...

Dec 11, 2024 | Firm News

On December 11, 2024, Managing Partner Roger Barton spoke at the International Society of Primerus Law Firms’ “Developing Partners Section Huddle” on the topic of “Building a Book of Business.” Roger and other law firm leaders spoke ...

Dec 5, 2024 | Firm News

On December 5, 2024, Managing Partner Roger Barton served as a panelist for the Association of Corporate Counsel’s Mexico chapter on the topic of Commercial Litigation in the U.S. The event was tailored to in-house attorneys at large Mexican or ...

Nov 25, 2024 | Blog

Background The rapidly increasing sophistication of artificial intelligence (AI) technology presents an almost endless number of applications in virtually every industry where data of some kind is used. AI is currently being used to automate and ...

Nov 21, 2024 | Firm News

Barton LLP is pleased to announce its list of Nashville-based attorneys selected to Super Lawyers 2024 for the Mid-South Region. A Thomson Reuters publication, Super Lawyers is an annual, national listing of the top 5% of lawyers in their ...

Nov 18, 2024 | Blog

On Friday, November 15, 2024, a federal judge in Texas invalidated the U.S. Department of Labor’s (DOL) rule raising the minimum salary threshold for the Fair Labor Standards Act’s (FLSA) executive, administrative, and professional (EAP) ...

Nov 12, 2024 | Firm News

Barton LLP has been ranked in New York Chambers Spotlight 2025 Guide and recognized as a top small to medium-sized firm handling high-quality work on behalf of a range of clients in New York and beyond. This marks the firm’s second year ...

Nov 7, 2024 | Firm News

Barton LLP is proud to announce that it has been recognized by Best Law Firms® for 2025 both nationally and regionally, across all three of its offices. Best Law Firms ranks firms based on methodology that relies on qualitative and quantitative ...

Oct 28, 2024 | Firm News

Barton is proud to be a sponsor of the 2024 LD Micro Conference being held in Los Angeles from October 28th-30th this year. LD Micro is a financial services company that allows users to “access, analyze, and assess information on the smallest ...

Oct 25, 2024 | Attorney Article

In an article for the Los Angeles and San Francisco Daily Journal, Partner Bernie Resser, a former federal antitrust prosecutor, explains the cautionary case of United States v. RealPage. This case explores a new frontier in price fixing and ...

Oct 24, 2024 | Firm News

Barton LLP is pleased to announce its list of attorneys selected to Super Lawyers 2024 for the New York Metro Area. A Thomson Reuters publication, Super Lawyers is an annual, national listing of the top 5% of lawyers in their respective practice ...

Oct 16, 2024 | Attorney Article

In his recent article for Bloomberg Law ("To Use AI as Admissible Evidence, Understand the Basics First"), Partner Kenneth Rashbaum explores the fundamental questions that lawyers who are advising clients on AI-related matters should be asking. Ken ...

Oct 11, 2024 | Attorney Article

In his latest article for Thomson Reuters, Managing Partner Roger Barton recaps some of the year’s most notable trends in the securities industry to date, including the rise in AI-related suits, the continued SEC crackdown on electronic ...

Aug 15, 2024 | Firm News

Since 1983, Best Lawyers has compiled annual lists of top-rated lawyers nominated for their professional abilities and vetted through a rigorous peer review process by other attorneys in the same geographical region and practice area. Additionally, ...

Aug 6, 2024 | Firm News

Our firm is growing! We are pleased to present the newest additions to the Barton team: New York Office Petek Günay Balatsas has joined as a Partner in our commercial litigation group where she focuses on both litigation and alternative ...

Jul 25, 2024 | Attorney Article

Managing Partner Roger E. Barton and Operations Partner James E. Heavey recently co-authored an article published in Thomson Reuters: “SEC & FINRA Face New Limits on Enforcement Powers in Post-Chevron Landscape.” The article tackles two ...

Jul 18, 2024 | Attorney Article

Partner Kenneth Rashbaum was recently published again in Bloomberg Law, authoring the article, “Health Care’s AI Experience Draws Roadmap for Other Industries.” Ken draws on his experience working with healthcare providers to navigate the ...

Jul 17, 2024 | Firm News

On July 17th, Managing Partner Roger Barton teamed up with Michael Ellenhorn of Decipher Investigative Intelligence to answer legal leaders’ questions about lateral hiring. The presentation -- “Performing Due Diligence on Lateral Hires" -- was ...

Jul 11, 2024 | Firm News

On July 10th, Partner Phil Mortensen was a panelist for a Labor & Employment client seminar titled “Hot Topics in Labor & Employment – A Global Perspective.” The panel was hosted by the International Society of Primerus Law Firms and ...

Jul 10, 2024 | Blog

On June 28, 2024, the Supreme Court issued a landmark decision overturning Chevron USA Inc. v. Natural Resources Defense Council Inc., a forty-year-old case requiring courts to defer to a federal agency’s interpretation of an ambiguous statute.[1] ...

Jul 9, 2024 | Blog

An iconic New York eatery, Gotham Restaurant, recently fell victim to a cyber scam that involved wiring $45,000 to a fake payroll account. Located in Greenwich Village in Manhattan, Gotham Restaurant serves New American cuisine and has been a staple ...

Jun 27, 2024 | Blog

Major shifts in how businesses operate (remote work, business digitalization, and e-commerce are just a few examples), coupled with interest rate increases that haven’t been seen in decades, require that commercial lease tenants remain as flexible ...

Jun 26, 2024 | Blog

Differences in Arbitration vs. Court Proceeding Speed & Cost: The speed of arbitration tends to be faster than a court proceeding, sometimes by as much as 33% to 66%. This alone can create cost savings. However, it should be noted that there ...

Jun 21, 2024 | Firm News

The annual Primerus Midwest Regional Meeting was held June 20-21 and hosted Primerus members in Nashville, Tennessee, for two days of networking and learning. Two Barton attorneys offered their insights on two hot-button topics for law firms: ...

Jun 18, 2024 | In The Media

Partner James Heavey was recently quoted in an article by InvestmentNews titled, “Morgan Stanley beats ex-Fla. advisors’ claims to deferred compensation.” The article centers on a recent case in which Morgan Stanley won a favorable arbitration ...

Jun 18, 2024 | Blog

A new docuseries about the dating site Ashley Madison was recently released on Netflix. Titled Ashley Madison: Sex, Lies & Scandal, the three-episode series chronicles the 2015 scandal that ensued when a hacker group exposed the identities of ...

Jun 13, 2024 | Firm News

Managing Partner Roger Barton recently moderated a seminar on June 13th, hosted at Barton’s New York office and titled, “The Crises of Our Times: From Geo-Political Conflicts to AI.” The seminar was a discussion amongst industry leaders on ...

Jun 6, 2024 | Firm News

BritishAmerican Business (BAB), the largest transatlantic trade organization, has launched the latest version of its annual Trade and Investment Guide, the most comprehensive resource for British companies seeking to expand their business in the ...

May 31, 2024 | Blog

In response to the growing impact of artificial intelligence on various sectors, the New York State Bar Association’s (NYSBA’s) Task Force on Artificial Intelligence released a Report and Recommendations to the NYSBA House of Delegates in April. ...

May 30, 2024 | Firm News

Congratulations to Partner Ian Shane who was recently appointed as Co-Chair of the Taxation of Business Entities Committee of the Association of the Bar of the City of New York. His tenure as Co-Chair will begin in September 2024. The New York ...

May 29, 2024 | Blog

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule that would ban non-compete agreements in the employment setting, deeming non-competes as a violation of Section 5 of the FTC Act. As it stands, the rule would ban the ...

May 21, 2024 | Attorney Article

In his latest article for Thomson Reuters, Roger provides updates on two topics he’s written about previously: the Securities and Exchange Commission’s (SEC’s) new rules on cybersecurity and their new rules on climate disclosures. Roger (1) ...

May 16, 2024 | Firm News

Managing Partner Roger Barton recently moderated a panel called “Dispute Resolution for International Deals” held by the Association of Corporate Counsel International Legal Affairs Network (ACC – ILAN) and sponsored by the International ...

May 10, 2024 | Firm News

On May 9th and 10th, Partner Petek Günay Balatsas attended the 39th American-Turkish Conference (ATC) hosted by the Türkiye-U.S. Business Council (TAİK), American Turkish Business Roundtable (ATBR), and U.S. Chamber of Commerce’s U.S.-Türkiye ...

May 7, 2024 | In The Media

Operations Partner James Heavey was recently quoted in an article by InvestmentNews looking at the impact of the Department of Labor’s (DOL) new fiduciary rule that redefines who is an investment advice fiduciary under the Employee Retirement ...

May 6, 2024 | Firm News

Through Barton’s partnership with the New York County Lawyers Association (NYCLA), our attorneys assist in the pro bono representation of individuals looking to appeal earlier denials of social security and/or disability benefits in the Southern ...

Apr 29, 2024 | Blog

California is set to be the first state to mandate that its employers “establish, implement, and maintain” a workplace violence prevention plan. The California Labor Code states that “workplace violence” may include: “The threat or ...

Apr 29, 2024 | Blog

On March 21, 2024, Tennessee Governor Bill Lee signed into law the Ensuring Likeness, Voice, and Image Security (ELVIS) Act of 2024, the first legislation of its kind to specifically protect an individual’s property rights to their own voice. The ...

Apr 26, 2024 | Blog

Starting on July 1, 2024, employees must make a salary of at least $43,888.00 a year to be considered exempt employees. On April 24, 2024, the U.S. Department of Labor (DOL) issued the final rule on new exemption threshold levels for federal ...

Apr 22, 2024 | Firm News

Partner Tara Aaron-Stelluto is slated to join the International Trademark Association’s (INTA) 2024 Annual Meeting in Atlanta, Georgia, in May. This will be INTA’s 146th Annual Meeting, which allows various brand and intellectual property ...

Apr 19, 2024 | Firm News

On April 18, 2024, Partner Bernie Resser spoke at a client webinar hosted by the International Society of Primerus Law Firms. The webinar was structured as a mock interview on the topic of "Dealing with In-House Counsel.” Hosted by Rudy Rivera ...

Apr 17, 2024 | Firm News

Barton Operations Partner James Heavey and Partner Michael Ward were recently invited to InvestmentNews’ RIA (Registered Investment Advisor) Activate Conference in New York on April 16th. The RIA Activate series is a key in-person networking ...

Apr 10, 2024 | Firm News

Managing Partner Roger Barton recently headed to London to join the latest event in the BritishAmerican Business (BAB) Accelerate - Fireside Chat & Networking series. Along with serving as a Board Member of BAB, Roger also serves as Chair of ...

Apr 5, 2024 | Firm News

On April 5, 2024, Partner Ken Rashbaum was a presenter for the program, “The Business of Law: Change Management for Lawyers” at Fordham Law School where he serves as an Adjunct Professor. The interactive session "gamified" change management ...

Mar 28, 2024 | Attorney Article

Many business owners want AI tools but are unsure how to get approval for them. In an article for Bloomberg Law titled, "Key Considerations for an AI Strategic Plan: How to Acquire and Use AI Technology Safely to Grow and Protect Your Business," ...

Mar 27, 2024 | Blog

In a recent judgment that has caught the attention of the legal and business communities, a Federal District Court in the Northern District of Alabama has held that the Corporate Transparency Act (CTA) is unconstitutional. It was a noteworthy ...

Mar 25, 2024 | In The Media

Barton recently achieved a landmark ruling in the New York Court of Appeals, the highest level Appellate Court in the State of New York. Like the United States Supreme Court, the New York Court of Appeals agrees to hear only a relatively small ...

Mar 19, 2024 | Attorney Article

In the dispute at the center of Macquarie Infrastructure Corp. v. Moab Partners, L.P., the Supreme Court recently heard arguments in a case that could potentially expand the right of private action for shareholders under SEC Rule 10b-5. In this ...

Mar 6, 2024 | Blog

College athletics have been in the news a lot lately--and it’s not just because of the annual March Madness tournament, where collegiate basketball teams from all over the country battle their way through a bracket to determine a national ...

Feb 21, 2024 | Firm News

On February 20, 2024, Partner Ken Rashbaum was a featured speaker for the webinar, "New SEC Cyber Disclosure & CISA Reporting Rules Pose Challenges: Defining the Regulatory Risks & Exposures to Lawyers, Firm Management & Clients." The ...

Feb 5, 2024 | Blog

“Don’t believe everything you see on the internet,” is probably one of the most consistently relevant aphorisms of the modern age. This is in no small part thanks to the expansion of generative artificial intelligence (AI) and its ability to ...

Feb 1, 2024 | Blog

Everything old is new again – at least as far as the U.S. Department of Labor (“DOL”) is concerned. Effective March 11, 2024, it will be more difficult for businesses to classify workers as independent contractors thanks to a DOL rule ...

Jan 26, 2024 | Firm News

On January 26th, Barton client BarBees, a business offering mobile cocktail classes, was featured on an episode of ABC Network’s multi-Emmy Award-winning unscripted series Shark Tank. Now in its 15th season, the show follows aspiring entrepreneurs ...

Jan 24, 2024 | Firm News

On Wednesday, January 31, Managing Partner Roger Barton helped lead a discussion as part of Law.com’s Pro Strategic Insights for Legalweek 2024. Titled, “Modern Leadership in Law: Navigating Change, Driving Innovation, and Uniting the ...

Jan 5, 2024 | In The Media

Congratulations to Barton Partner Julia Maxfield on being named one of the Top Ten “Best NYC Divorce Lawyers” by Forbes Advisor for 2024. This distinguished list consists of “legal experts [who] have consistently proven adept at shepherding ...

Jan 4, 2024 | Attorney Article

Managing Partner Roger Barton's latest article for Thomson Reuters, titled "Mandatory arbitration clauses in registered investment advisor agreements draw scrutiny from regulators," examines recommendations from the Office of the Investor Advocate ...

Dec 7, 2023 | Blog

Introduction In line with the lyric from Freddie Mercury’s iconic 1991 anthem, some companies are seeking additional credit and entering into new commercial agreements even as they prepare for a bankruptcy filing. Very often, filing for ...

Dec 5, 2023 | Firm News

Chambers and Partners has unveiled its Chambers USA Guide and its first Regional Spotlight for New York. Nationally, Barton is ranked in Chambers USA for Labor Relations (Band 1) and Labor & Employment (Band 5) citing its “…experience ...

Nov 29, 2023 | Blog

“It’s going to be interesting to see how society deals with artificial intelligence, but it will definitely be cool.” — Colin Angle, CEO and Founder, iRobot Introduction In the fast-paced world of mergers and acquisitions (M&A), ...

Nov 28, 2023 | Firm News

Barton LLP is pleased to announce its list of Nashville-based attorneys selected to Super Lawyers 2023 for the Mid-South Region. A Thomson Reuters publication, Super Lawyers is an annual, national listing of the top 5% of lawyers in their ...

Nov 7, 2023 | Firm News

Barton would like to congratulate its longtime client, restaurant Gabriel Kreuther, on receiving two Michelin Stars for culinary excellence in 2023. The Midtown Manhattan restaurant is helmed by the eponymous Chef Gabriel Kreuther, who founded ...

Nov 4, 2023 | Firm News

On November 4, Partner Petek Günay Balatsas served as a panelist at the Third Turkish American Women in Leadership Forum held in Morristown, New Jersey. The Forum’s mission is to connect leaders and participants in order to foster collaboration, ...

Nov 3, 2023 | Firm News

Barton LLP is proud to announce that it has been recognized by Best Law Firms® for 2024. Best Law Firms ranks firms based on methodology that relies on qualitative and quantitative data regarding a firm’s legal skillset, achievements, and client ...

Oct 26, 2023 | In The Media

Partner Ken Rashbaum was recently quoted in the Fortune magazine article, "The $200 billion playbook that kneecapped Big Tobacco is coming for Mark Zuckerberg and his social media offspring." The article chronicles the ongoing lawsuits against ...

Oct 25, 2023 | Attorney Article

Managing Partner Roger Barton recently published an article for Thomson Reuters titled, "SEC targets separation and severance agreements that impede whistleblowers." The article highlights a recent spate of enforcement actions by the SEC targeting ...

Oct 11, 2023 | Attorney Article

Partner Bernie Resser was recently published in the Daily Journal with an article titled, “Commercial loan defaults, and calls from clients seeking advice, are on the horizon.” In light of data showing that over a trillion dollars in ...

Oct 10, 2023 | Firm News

Congratulations to Partner Tara Aaron-Stelluto, who has been selected to sit on the Emerging Issues Committee at the International Trademark Association (INTA) for the 2023-2025 term. INTA is a global association of brand owners and professionals ...

Sep 28, 2023 | Blog

On August 23, 2023, the Securities and Exchange Commission (“SEC”) adopted new rules and rule amendments to enhance the regulation of private fund advisers and update the existing compliance rule that applies to all investment advisers. The new ...

Sep 28, 2023 | Firm News

Barton LLP is pleased to announce its Chambers USA recognition with Partner Richard H. Block named as a leading practitioner in the areas of Labor & Employment (Band 5) and Labor Relations (Band 1). Chambers is the foremost legal data and ...

Sep 27, 2023 | Firm News

Visit the link here for more details and to register. Join Us! Would you like the senior management and business owners of your organization to view Legal as a revenue facilitator rather than a cost center? Does your organization want to use AI ...

Sep 26, 2023 | Blog

In the most substantial change in federal labor law in more than 50 years, the National Labor Relations Board (“NLRB”) issued a historic decision on August 25, 2023, laying out a new framework that determines when employers are required to ...

Sep 22, 2023 | Firm News

Barton LLP is pleased to announce its list of attorneys selected to Super Lawyers 2023 for the New York Metro Area. The selected attorneys comprise half of the firm’s New York attorney roster, most of which are repeat appointees. A Thomson ...

Sep 12, 2023 | Blog

The rapid evolution of artificial intelligence technology is an exciting prospect for many companies looking to use these powerful new tools to drive efficiency internally and externally. Many organizations are insisting that their law firms become ...

Sep 8, 2023 | Firm News

Partner Kenneth Rashbaum was recently a featured speaker for a GDPR data privacy webinar co-produced by Financial Poise and West LegalEdcenter titled, “Introduction to EU General Data Protection Regulation: Planning, Implementation, and ...

Sep 7, 2023 | Firm News

Real-World Cyber Risks for Attorneys and How They Can Protect Themselves: A Practical Guide to Crafting and Implementing Data Protection Controls and Meeting Technology Ethics Requirements CLE Zoom Meeting Tuesday, September 12, 2023 12:00 pm - ...

Sep 6, 2023 | Firm News

Partner Kenneth Rashbaum was a featured speaker for a GDPR data privacy webinar co-produced by Financial Poise and West LegalEdcenter titled, “Introduction to EU General Data Protection Regulation: Planning, Implementation, and ...

Aug 29, 2023 | Firm News

On August 29th, Managing Partner Roger Barton spoke as a panelist for a webcast sponsored by ALM Law.com Pro Mid-Market called “Mid-Market Spinoffs: Opportunities and Risks When Breaking Off from Bigger Firms.” The webcast delved into “one ...

Aug 29, 2023 | Firm News

Over the summer, Barton was thrilled to welcome our newest attorneys: Richard Block joined as a Partner in the New York office and Ali Fowler joined as a Partner in the Nashville office. Richard “Dick” Block has been nationally recognized by ...

Aug 24, 2023 | Attorney Article

Managing Partner Roger Barton's latest article for Thomson Reuters considers the impact that evolving artificial intelligence technology will have on the legal industry in the next five to fifteen years. He reflects on how the current apparatuses of ...

Aug 24, 2023 | Blog

We recently wrote about the federal Corporate Transparency Act (“CTA”) and its new beneficial ownership information (“BOI”) reporting rules for privately held companies that are set to take effect in 2024. New York State has also passed its ...

Aug 17, 2023 | Firm News

Since 1983, Best Lawyers has compiled annual lists of top-rated lawyers nominated for their professional abilities and vetted through a rigorous peer review process by other attorneys in the same geographical region and practice area. Additionally, ...

Aug 14, 2023 | Firm News

Congratulations to Partner Tara Aaron-Stelluto on being admitted to the United States District Court Middle District of Tennessee. On August 14th, Tara was sworn in at the U.S. Courthouse and Federal Building in Nashville. This Middle District of ...

Aug 4, 2023 | In The Media

Partner Tara Aaron-Stelluto has been quoted in two articles offering her insight into the legal uncertainties surrounding the advancement of artificial intelligence tools, especially in the entertainment industry. An article in Backstage Magazine ...

Jul 25, 2023 | Firm News

Partner Ken Rashbaum was recently tapped as a featured speaker for the webinar, “Do You Have Insurance Coverage for that Fingerprint?: Liability and Insurance Issues Arising out of Biometrics.” The webinar covered the basics of biometric ...

Jul 20, 2023 | Blog

Background  In September 2022, the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN) established beneficial ownership information (BOI) reporting rules for privately held companies pursuant to the Corporate ...

Jul 18, 2023 | Firm News

Managing Partner Roger Barton recently interviewed Robert Ettinger, Chairman and CEO of luxury leather goods company Ettinger, for BritishAmerican Business’ Accelerate series. BritishAmerican Business is the preeminent international trade ...

Jul 10, 2023 | In The Media

Business Today has named Barton Partner Richard H. Block as one of the Top 10 Leading Labor & Employment Lawyer in New York. The list highlights lawyers that “have years of experience and are recognized for their outstanding negotiation ...

Jul 6, 2023 | Blog

Background On June 8, 2023, the Supreme Court issued a unanimous ruling in the intellectual property case Jack Daniel’s Properties, Inc. v. VIP Products LLC, vacating the previous decision by the Ninth Circuit Court of Appeals and remanding the ...

Jun 29, 2023 | Blog

On June 13, 2023, the National Labor Relations Board (“NLRB”) again changed the standard for determining independent contractor status under the National Labor Relations Act (the “Act”), making it more difficult for employers to demonstrate ...

Jun 23, 2023 | In The Media

Barton is thrilled to welcome our newest labor and employment partner, Richard H. Block, to our New York office. Dick’s practice encompasses a variety of L&E capabilities, including collective bargaining negotiations and complex employment ...

Jun 21, 2023 | Firm News

On June 21, 2023, Partner Julia Maxfield presented “For Richer or for Poorer: Protecting Clients’ Assets Before, During, and After Marriage” to the Financial Planning Association of Metro New York. In her presentation, Julia provided a broad ...

Jun 15, 2023 | Attorney Article

Managing Partner Roger Barton’s latest article for Thomson Reuters, titled “Artificial intelligence in the securities industry,” examines the potential benefits and drawbacks of AI-based tools in the securities industry, specifically in the ...

Jun 13, 2023 | Firm News

With support from Barton, Vanguard Magazine recently profiled Memorial Sloan Kettering Cancer Center’s associate general counsel, Josyl Barchue, and his important work negotiating pharmaceutical solutions during COVID-era supply chain issues to ...

Jun 13, 2023 | In The Media

Partner Tara Aaron-Stelluto was recently quoted by Bloomberg Law in the article “Trademark Office Data Leak Leaves Applicants Vulnerable to Fraud” regarding an incident that erroneously rendered U.S. trademark applicants’ domicile addresses ...

May 30, 2023 | In The Media

Partner Kenneth Rashbaum was quoted in the ED Management article, “Does a Clinical Decision Aid Constitute the Legal Standard of Care?” published by Relias Media. The article focuses on the potential liability that emergency providers can face ...

May 23, 2023 | In The Media

Partner Maurice Ross was recently quoted in the Thomson Reuters article “NY sightseeing bus company accuses rivals of US antitrust violations.” The article highlights the recent federal anti-trust suit brought by Barton client Go New York Tours, ...

May 22, 2023 | In The Media

On May 18th, Barton LLP was highlighted in Law360 Pulse for our recent slate of new hires in our New York and Los Angeles offices, spanning a multitude of practice areas. The article not only highlights Barton’s new attorneys, but also speaks to ...

May 22, 2023 | Attorney Article

Partner Bernie Resser was recently published by the Daily Journal for an article he authored titled, "How to minimize complications when arbitrating real estate disputes." The article aims to help real estate owners and lawyers navigate the unique ...

May 17, 2023 | Blog

If you’re in business, you may have heard this pithy and cautionary piece of legal advice: “Email like it may one day be read aloud in a deposition.” While the sentiment of the statement still stands, nowadays the word “email” could be ...

May 12, 2023 | Firm News

Four Barton partners recently presented at the 2023 Primerus International Summit, which was held in New York from May 4-6, 2023, and saw thought leaders from all over the world gathering to share ideas and experiences. The overarching theme for the ...

Apr 28, 2023 | Blog

The number of states with laws governing how businesses can treat consumers’ personal information nearly doubled in this year’s legislative session, jumping from five to nine, with Tennessee, Montana, Indiana, and Iowa all passing bills in 2023. ...

Apr 19, 2023 | Blog

Can the state of your company’s cybersecurity program and data retention program impact a prosecutor’s decision how—or even whether—to prosecute your company? New guidelines for federal prosecutors, announced on March 3, 2023, strongly ...

Apr 18, 2023 | Blog

Reductions in force (RIFs) are often a necessary part of an employer’s business strategy when a company needs to trim its overall headcount. While RIFs are a minefield for compliance issues and potential litigation, proper planning and due ...

Mar 24, 2023 | Firm News

The Side Bar is Barton's creative publication full of real-life stories handpicked by us, just for you. In this edition, we explore the history of the Chrysler building, the career of Barton Partner James Heavey, the creative vision of ...

Mar 24, 2023 | Attorney Article

On March 24th, Managing Partner Roger Barton published an article in Reuters Legal News / Westlaw Today titled, "Rule 10b5-1 gets an upgrade and drives scrutiny of Ontrak, SVB execs." The article examines Rule 10b5-1 and its role in preventing ...

Mar 10, 2023 | In The Media

Partner Tara Aaron-Stelluto was recently quoted in a Nashville Ledger article titled, “Generation AI: Are new artificial intelligence tools like ChatGPT, DALL-E the future of tech or just the latest hype?” In the editorial, Tara comments on ...

Mar 1, 2023 | Blog

On February 22, 2023, the Supreme Court issued its decision in Helix Energy Solutions Group, Inc. v. Hewitt, finding that an employee who earned over $200,000 per year was entitled to overtime. The case is a stark reminder to employers that even ...

Feb 28, 2023 | Attorney Article

Partner Tara Aaron-Stelluto has been published in the new edition of Overlapping Intellectual Property Rights, a practitioner law publication published by the esteemed Oxford University Press. Originally published in 2012, the book’s Second ...

Feb 26, 2023 | Blog

The recent advancement in artificial intelligence technology has been heralded as everything from a remarkable breakthrough, to a lucrative enterprise, to a seriously annoying nuisance. Artificial intelligence is currently used in many contexts and ...

Feb 21, 2023 | Firm News

Managing Partner Roger Barton, who will chair this year’s International Summit for the International Society of Primerus Law Firms, recently announced this year’s theme in the latest edition of Paradigm Magazine. The Summit, which will take ...

Feb 15, 2023 | In The Media

On February 15th, the New York Post quoted Partner Maurice Ross in an article titled “NYC tourist bus company fires five non-drivers for legal, medical pot use: suit.” The article covers an ongoing legal battle between city bus touring ...

Feb 15, 2023 | Blog

A cyberattack that results in a breach of client information can be devastating to a law firm’s reputation and financial picture. But can it also jeopardize privilege over the identification of a law firm’s clients? On January 12, 2023, the ...

Feb 12, 2023 | Firm News

On February 12th, members of Barton’s Pro Bono Team volunteered with the Asian American Legal Defense and Education Fund (AALDEF) to march in the 25th annual Lunar New Year parade in Chinatown. Thousands turned out to celebrate the Year of the ...

Jan 31, 2023 | Attorney Article

(January 31, 2023) - Roger E. Barton of Barton LLP reviews regulatory priorities of the Securities and Exchange Commission for 2023, including cybersecurity, ESG and digital engagement. To read a PDF version of this article, click here. The ...

Jan 30, 2023 | Firm News

Partners Joe Harris and Ken Rashbaum recently presented an update to the Association of Corporate Counsel International Legal Affairs Network titled, “A Blessing in Disguise: Why Employers Should Welcome the FTC’s Proposed Non-Compete ...

Jan 27, 2023 | Firm News

Partner Ken Rashbaum recently co-presented a Continuing Legal Education (CLE) program at Fordham University School of Law, where he also serves as an Adjunct Professor of Law. The CLE was part of Fordham’s “Bridge the Gap” program, which ...

Jan 27, 2023 | Firm News

Chief Judge Laura Taylor Swain of the Southern District of New York recently issued a letter recognizing and thanking “committed lawyers and community members” who participated in pro bono legal work in 2022. Barton LLP was listed among several ...

Jan 18, 2023 | Blog

Background In the age of the social media algorithm, sometimes the greatest damage isn’t the product itself but the way it’s marketed and promoted, especially when that marketing and promotion is aimed at children. On January 6, 2023, ...

Jan 18, 2023 | Blog

Scope of Proposed Rule On January 5, 2023, the Federal Trade Commission (“FTC”) voted 3-1 to publish a proposed new rule which would impose a near-complete ban on the use of non-compete clauses by employers (the “Proposed Rule”). The ...

Dec 1, 2022 | Blog

In what is believed to be the first criminal conviction of a company executive officer regarding a data breach response, the former Chief Security Officer of the ride-sharing company Uber was convicted in early October for the mishandling of a data ...

Nov 30, 2022 | Blog

If you’re looking for employment in New York City and are cruising through job sites like LinkedIn, Monster, Indeed, or ZipRecruiter, you may notice one detail on the various job postings that was often absent before: salary ranges. These ...

Nov 30, 2022 | Firm News

On November 29th, Managing Partner Roger Barton was a featured speaker for the webcast, “Looking Ahead: What Mid-Market Firms Need to Watch for in 2023,” hosted by ALM Media and Law.com. With uncertainty in the economy only increasing and law ...

Nov 17, 2022 | Attorney Article

Managing Partner Roger Barton was recently published by Thomson Reuters for his article, “How law firms can embrace the new emphasis on workplace culture.” The piece examines the shifting societal attitudes toward workplace culture and how law ...

Nov 17, 2022 | Firm News

Partner Ken Rashbaum recently spoke at the Annual IBM Ethics webinar, presented in concert with the Association of Corporate Counsel-Westchester/Southern Connecticut. In a presentation titled, “The Impact of Cybersecurity Controls on the Duties of ...

Nov 4, 2022 | Firm News

Barton was recently ranked in the 2023 U.S. News - Best Lawyers® "Best Law Firms" list regionally. The 2023 edition of the list includes rankings in 75 national practice areas and 127 metropolitan-based practice areas. Firms included in the 2023 ...

Oct 31, 2022 | Blog

A recent Barton victory on behalf of a group of tenants with units in a luxury condominium building has reinforced the principle that condo boards cannot skirt their obligations to a minority of unit holders for the financial benefit of the ...

Oct 28, 2022 | Firm News

Partner Ken Rashbaum will be a featured speaker for the upcoming webinar, “Understanding and Preparing for the New SEC Cybersecurity Regulations” on Monday, November 14. As cybersecurity regulations continue to emerge, companies have a ...

Oct 21, 2022 | In The Media

Barton’s most recent labor and employment hire, Joseph H. Harris, was recently featured in an article by Law360. The article notes Joe’s breadth of experience in labor and employment matters, including preemptive training and compliance, complex ...

Oct 21, 2022 | Firm News

Barton LLP is pleased to announce its list of attorneys selected to Super Lawyers 2022 for the New York Metro Area. The selected attorneys comprise nearly half of the firm’s New York attorney roster, most of whom are repeat appointees. A ...

Oct 21, 2022 | Blog

On Tuesday, September 27, 2022, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) announced that they had charged and reached settlements with multiple finance industry giants for “widespread and ...

Oct 14, 2022 | In The Media

Partner Ken Rashbaum was recently quoted in an issue of Crain Currency, a business newsletter providing news and advice for family offices managing wealth and legacies. In an article titled, “How family offices can prepare for next-level cyber ...

Sep 26, 2022 | Blog

On Thursday, September 15th, President Biden signed Executive Order 14083 instructing the Committee on Foreign Investment in the United States (CFIUS) to consider five new sets of factors when reviewing transactions with foreign parties. A fact ...

Sep 23, 2022 | Firm News

Partner Ken Rashbaum will be part of a panel delivering a “Data Privacy and Cybersecurity Update” on October 24th at the Association of Corporate Counsel’s annual meeting in Las Vegas, Nevada. The ACC is a global bar association that promotes ...

Sep 23, 2022 | Firm News

Managing Partner Roger Barton will lead a session called “Challenges and Opportunities in the Legal Field” on October 21st at the 2022 Primerus Global Conference in San Diego, California. Roger will be speaking to and highlighting the various ...

Sep 23, 2022 | Blog

So, what does a small region in Central Europe have to do with the National Labor Relations Board? The Prekmurje region of Slovenia has been known by various names over the years. For over 1000 years it was called the Muravidék region of ...

Sep 22, 2022 | Attorney Article

Managing Partner Roger Barton recently published an article titled, "The greenwashing wave hits securities litigation" in Reuters Legal News & Westlaw Today. The article explores the phenomenon of "greenwashing" (i.e., false representation ...

Aug 26, 2022 | Blog

What impact do Fair Chance in Housing Acts being considered around the country have on insurance rates? This is a far more nuanced question than one might otherwise believe at first glance, encompassing politics, economics, social compassion, ...

Aug 26, 2022 | Blog

As long as the concept of personal property has existed, bad actors have been attempting to steal it. It therefore comes as no real surprise that when “new” types of assets are created, new threats also emerge. Such has been the case with the ...

Aug 25, 2022 | Firm News

Barton would like to congratulate the following partners on their recognition by Best Lawyers in America 2023 across a variety of practice areas: Marc Dedman 2023 Best Lawyers Insurance Law Litigation – Health Care Chris McNamara 2023 ...

Aug 25, 2022 | Firm News

Through Barton’s partnership with the New York County Lawyers Association (NYCLA), our attorneys assist in the pro bono representation of individuals looking to appeal earlier denials of social security and/or disability benefits in the Southern ...

Aug 9, 2022 | In The Media

Managing Partner Roger Barton recently provided insight to WIRED.com in the article “Crypto and the US Government Are Headed for a Decisive Showdown.” The article follows the current legal battles being waged to determine whether crypto tokens ...

Jul 26, 2022 | Blog

On June 13, 2022, the Supreme Court issued an opinion reducing the scope of U.S. discovery for parties involved in foreign arbitration. The opinion centered around Title 28, Section 1782 of the U.S. Code (28 U. S. C. §1782), a discovery law that ...

Jul 22, 2022 | Attorney Article

Partner Ken Rashbaum was recently published by Barron’s for his article, “Advisors Are Frequent Victims of Wire Transfer Fraud. What to Do if It Happens to You.” The piece outlines the increasing threat posed by wire transfer fraud and ...

Jul 21, 2022 | In The Media

Managing Partner Roger Barton was interviewed on the podcast Inclusive Economics for Impact with host Dr. Fred Olayele, former Chief Economist and Senior Vice President with the New York City Economic Development Corporation. In an episode titled, ...

Jul 19, 2022 | Attorney Article

In an article published by Reuters Legal News / Westlaw Today entitled “Regulation Best Interest sees its first enforcement action,” Roger Barton and James Heavey recapitulate the 2020 rule change governing broker-dealer investment ...

Jun 30, 2022 | Blog

Ken Rashbaum, partner at Barton LLP, recently wrote an article discussing the June 15, 2022 Louisiana decision by the 4th Circuit Court of Appeals in New Orleans which held that there was coverage for Covid-19 business interruption losses in Cajun ...

Jun 30, 2022 | Firm News

L to R: Marc Dedman (Barton LLP); Roger Barton (Barton LLP); Bob Rolfe (TN Dept. of Economic & Community Development); John G. Brady (John G. Brady Insurance Planning) In concert with the other founding members of the New York / Nashville ...

Jun 28, 2022 | In The Media

Partner Eric Sleeper's interview by Financier Worldwide for Corporate Disputes Magazine's timely report on “Cannabis Regulation and the Litigation Landscape” has just been published. In the piece, Eric describes the evolution of the U.S. ...

Jun 27, 2022 | Blog

The Covid-19 pandemic spawned a great deal of insurance coverage litigation. Decisions have been, to put it mildly, inconsistent, but the theme in most of them is good writing: drafting of policy text, as well as preparation of pleadings in cases ...

Jun 17, 2022 | Firm News

On June 21st, Partner Kenneth Rashbaum addressed the New York State Society of CPAs (NYSSCPA) as part of a panel for the webinar presentation “Cybersecurity: Risks, Controls, and Advice for Client Service.” The session increased participants’ ...

Jun 17, 2022 | Firm News

Managing Partner Roger Barton led a session titled “The New Leadership” at the New York Law Firm Leaders Conference on June 14, 2022. The conference, whose theme this year was “Pivoting Past the Pandemic: Embracing the New Reality,” is the ...

Jun 9, 2022 | Blog

Updated June 27, 2022 Businesses have a lot to consider in the wake of the Supreme Court’s ruling overturning Roe v. Wade, the 1973 landmark case protecting federal abortion rights. As Americans prepare for the realities of a post-Roe era, ...

Jun 8, 2022 | Firm News

Members of Barton’s Pro Bono Group recently attended BUILD NYC’s annual BUILDFest gala and student pitch competition. As a longtime supporter of BUILD NYC, Barton is proud to be part of this organization’s mission to “ignite the power of ...

Jun 3, 2022 | Blog

A little history: Unions hit their peak in the mid-fifties, at which point one of every three workers belonged to one union or another. But, since that era, as a result of union corruption, increased employer resistance, or just plain laziness on ...

May 18, 2022 | Attorney Article

Managing Partner Roger Barton and Partner Ken Rashbaum recently co-authored an article for Thomson Reuters / Westlaw Today titled “Securities Meet Cybersecurity: how companies can face mounting threats.” The piece chronicles recent rule ...

May 10, 2022 | Firm News

On May 5th, Managing Partner Roger E. Barton spoke at the Managing Partner Forum’s 2022 Leadership Conference in Atlanta, Georgia. The Managing Partner Forum is the nation's preeminent resource for law firm managing partners and firm leaders, ...

Apr 26, 2022 | In The Media

In the April 2022 edition of the Primerus Paradigm Magazine, Partner Eric Sleeper was interviewed for the article “Growth industry: Attorneys help cannabis clients steer way through legal maze.” In the piece, Eric—who is a member of the ...

Apr 26, 2022 | Attorney Article

Partner Ken Rashbaum recently authored an article published by Barron’s titled, “Ukraine War Has Increased Cyber Risks for Advisors. Here’s How to Reduce Them.” In the piece, Ken discusses the domestic threat posed by cyberwarfare emerging ...

Apr 26, 2022 | In The Media

The work of Barton’s Intellectual Property Litigation group was recently highlighted in a Bloomberg Law article titled, “‘Financial Quarterback’ Trademark Dispute Survives Court Hurdle.” In Jalinski Advisory Group, Inc. v. JBL Financial ...

Apr 22, 2022 | Blog

Nearly all employers today have employee handbooks which set forth both employee rights and obligations. In the past, we have discussed why some of these provisions may or may not be deemed lawfully enforceable. For example, depending on which party ...

Apr 13, 2022 | In The Media

On April 13th, Partner Ken Rashbaum sat down with Richard Levick on the In House Warrior podcast for an episode titled, “The Home Front – Dealing With Cyber Legal Risks Stemming From Russia’s Invasion of Ukraine.” In the episode, Ken covers ...

Apr 11, 2022 | Firm News

It is with great sadness that Barton says goodbye to our partner and longtime friend, Robert Rubenfeld, who passed away peacefully at his home in Long Beach, New York, on April 6, 2022. Robert grew up in South Orange, New Jersey, before attending ...

Apr 1, 2022 | Blog

In an article published in December 2021, we noted that Securities and Exchange Commission (SEC) Chair Gary Gensler had asked SEC staff back in July 2021 to develop a “mandatory climate risk disclosure rule proposal” that would require public ...

Apr 1, 2022 | Blog

As more states have legalized marijuana for medical or recreational use, the IRS has taken notice. Now the Small Business/Self-Employed Examination Unit announced several days ago a new enhanced enforcement action to increase voluntary compliance ...

Mar 23, 2022 | Blog

You may have heard the term “NFT” sometime in the past year. Perhaps you have seen it accompanied by a picture of a cartoon kitten or in an article about blockchain and wondered—What exactly is it? Is it art? Is it currency? Something ...

Mar 22, 2022 | Attorney Article

Managing partner Roger E. Barton and litigation partners Christopher J. McNamara and Michael C. Ward were recently published by Reuters Legal News / Westlaw Today for their article “Are Cryptocurrencies Securities? The SEC is Answering the ...

Mar 22, 2022 | Blog

Back when COVID-19 science was in its infancy, it was widely believed that the virus could be transmitted through surfaces. Scanning a QR code, especially in restaurants where they were offered in lieu of paper menus, seemed like a sensible safety ...

Mar 22, 2022 | Blog

In 1970, Nobel laureate and economist Milton Friedman published his highly influential essay, “A Friedman doctrine—The Social Responsibility Of Business Is to Increase Its Profits.” Published by the New York Times on September 13, 1970, ...

Mar 22, 2022 | Firm News

On April 20th, partner Kenneth Rashbaum discussed best practices for handling big data and provided tangible field-experienced methods for data remediation as well as the importance of identifying “ROT” data that can leave an organization at ...

Mar 16, 2022 | Firm News

BritishAmerican Business (BAB), the preeminent international trade association between the United States and the United Kingdom, is extending its reach into Nashville, Tennessee. The United Kingdom is currently one of Tennessee’s top five foreign ...

Feb 24, 2022 | In The Media

Next month, Managing Partner Roger Barton will be a guest on the Inclusive Economics for Impact Podcast, a program that interviews chief executives and unpacks a wide variety of issues in the economic development space. The episode topic will be ...

Feb 23, 2022 | Blog

“What do you mean you didn’t get the money I wired to you? I have a confirmation!” If you ever have the misfortune of uttering these frustrating words, your funds may have gone to a fraudulent bank account. There are means to try to claw ...

Feb 1, 2022 | Blog

Leases for life sciences uses can present a unique set of challenges and considerations. Besides the special demands life science uses can place on electrical capacity, HVAC, floor loads and waste removal, the activities conducted by the life ...

Feb 1, 2022 | Firm News

Barton client Holiday House, Inc. publishing has been recognized for excellence in children’s literature by the American Library Association, which recently announced the winners and honorable mentions for its 2022 Youth Media Awards. Founded ...

Jan 18, 2022 | Attorney Article

Managing Partner Roger Barton gives his latest analysis in an article published by Thomson Reuters titled, "High Redemption Rates see SPACs Relying on Alternative Financing." The piece examines how SPAC redemptions work and explores the cause and ...

Jan 11, 2022 | In The Media

As reported by Law360, Law360 Pulse, and Law.com, Barton LLP announced on January 11th the opening of its Los Angeles-area office, as well as the hiring of a former Greenberg Glusker partner, Bernard M. Resser. Resser has joined the firm after a ...

Jan 4, 2022 | Blog

If you’re a business owner, you’ve most likely heard the term Environmental, Social, and Governance or “ESG” as it has steadily evolved from a trendy topic to a material business consideration within the past several years. ESG is a ...

Jan 3, 2022 | Blog

New York recently joined Connecticut and Delaware in enacting new legislation to place restrictions on an employer’s right to monitor (surveille?) employee activity on company phones and computers. Last month, New York Governor Hochul signed into ...

Jan 3, 2022 | Blog

Cannabis retail, cultivation, and processing businesses, like most others, face loss risks on a daily basis. Insurance is available to mitigate those risks, but a detailed assessment of the types of coverage offered and gaps in the policies is ...

Dec 28, 2021 | Firm News

Barton LLP is proud to announce its pro bono partnership with the New York County Lawyers Association (NYCLA) and their Social Security SDNY Project. Part of NYCLA’s mission is to deliver world-class free civil legal services to individuals in ...

Dec 16, 2021 | Attorney Article

Managing Partner Roger Barton was recently published by Thomson Reuters Legal News and Westlaw Today in an article entitled, "As Corporate Clients Emphasize ESG, Law Firms Should Be Leading the Pack." The piece examines various facets of ...

Dec 9, 2021 | Attorney Article

Tax Partner Alvan Bobrow was recently published in the Tennessee CPA Journal, a publication of the Tennessee Society of Certified Public Accountants. Alvan’s article details residency considerations for taxpayers moving from New York to Tennessee ...

Dec 9, 2021 | In The Media

Partner Kenneth Rashbaum was quoted in a recent edition of ED Management, a resource for emergency medicine risk management and malpractice prevention published by Relias Media. In an article titled, “Liability Exposure for Vendor ‘Extremely ...

Nov 29, 2021 | Blog

In September, we discussed enactment by the NYC City Council of a new law essentially voiding the long-held concept in New York of “employment-at-will.”  To reiterate, for as long as one can remember, in New York State (as in most of the other ...

Nov 23, 2021 | Firm News

Partner Kenneth Rashbaum is slated to speak at a two-part CLE seminar entitled, “Data Privacy in 2021 and Beyond: Business Opportunities and Challenges,” for the Association of Corporate Counsel-Westchester/Southern Connecticut Chapter. The ...

Nov 16, 2021 | Blog

CannaTech? PotTech? BuzzTech? Doesn’t matter what you call your IT strategy; just know you need one and you need it before you open the doors of your cannabis business. In the same way that you rely on your phone and laptop or tablet to keep track ...

Nov 9, 2021 | Blog

According to recent estimates, the size of the global legal cannabis market may exceed $110 billion by 2028. Despite significant progress towards the legalization of cannabis at the state and local level in the United States, legalization efforts ...

Nov 8, 2021 | In The Media

As reported by AdvisorHub, Barton LLP has once again led a successful defense effort against financial services firm Edward Jones. The victory comes amid Edward Jones’ effort to block a former broker-dealer from transferring clients to his new ...

Nov 4, 2021 | In The Media

In a recent press release issued by the Asian American Legal Defense and Education Fund (AALDEF), Barton personnel were recognized for helping conduct a nonpartisan, multilingual exit poll of more than 2,500 Asian American voters in the November 2nd ...

Oct 28, 2021 | Attorney Article

In his latest legal analysis column for Thomson Reuters, Managing Partner Roger Barton teams up with Carrie O’Neil, Sr. VP and Claims Counsel at CAC Specialty. The article explores the litigious SPAC landscape and other factors making it ...

Oct 27, 2021 | Blog

Almost as a reflex, when we are asked to form a corporation, a limited partnership or a limited liability company, we recommend forming the entity in Delaware. Almost just as often, clients ask us quizzically, “Why?” We answer that, in Delaware, ...

Oct 13, 2021 | Firm News

Managing Partner Roger Barton served as a panelist for the webinar “What Not to Do to be a Great Business Leader,” hosted by the Association of Corporate Counsel International Legal Affairs Network (ACC ILAN) on October 18th. Roger and fellow ...

Oct 8, 2021 | Firm News

Global Entrepreneurship Week (GEW) is promoted by the Global Entrepreneurship Network which operates an array of programs in 170 countries aimed at making it easier for anyone, anywhere to start and scale a business. GEW is a platform for ...

Oct 8, 2021 | Firm News

In partnership with BusinessAmerican Business, Barton LLP recently hosted a virtual workshop on “Legal Considerations for Doing Business in the US” as part of BritishAmerican Business’ Accelerate Program Series. The workshop provided insights ...

Oct 5, 2021 | Blog

Congratulations! Your permit to open a dispensary or cannabis lounge just came through after months of anxious waiting. Ready to sell to happy potential customers? Not just yet. As in all retail, you can’t do it by yourself. Managing the vendors ...

Oct 4, 2021 | Firm News

On October 19, Kenneth Rashbaum led a CLE webinar: “THE CYBERATTACK ATE MY LEGAL ADVICE: The Impact of Cybersecurity Controls on Legal Professional Privilege and the Duty of Confidentiality” in concert with the Association of Corporate Counsel ...

Oct 4, 2021 | Firm News

Partner Philip Mortensen is slated to speak before the International Society of Primerus Law Firms’ Labor & Employment Practice Group on Wednesday, October 13th. Phil is set to lead the group’s discussion with a round-up of current events ...

Sep 30, 2021 | Firm News

Barton LLP is pleased to announce its list of attorneys selected to Super Lawyers 2021 for the New York Metro Area. The selected attorneys comprise half of the firm’s New York attorney roster, with all being repeat appointees. A Thomson Reuters ...

Sep 27, 2021 | Firm News

Tax Partner Alvan L. Bobrow was recently a featured lecturer for the New York Law School’s CLE Master Tax Seminar on Thursday, September 30th. Alvan and fellow panelists dissected the European Union’s newest tax transparency rules for digital ...

Sep 24, 2021 | Blog

Typically, in the private sector (public employment is another matter!), if an employer becomes disenchanted with an employee, it is free to summarily terminate said employee. This can be for a good reason, a bad reason, or no reason whatsoever! ...

Sep 10, 2021 | Attorney Article

Partner Kenneth Rashbaum was recently published in the Fall 2021 edition of Primerus’ Paradigm Magazine in an article entitled, “Law Firm Cybersecurity: How Firms Can Meet a Top Concern for Clients and Their In-House Counsel, Get New Business ...

Sep 10, 2021 | Attorney Article

Managing Partner and recurring analytical columnist Roger E. Barton was published earlier this month by Reuters Legal News and Westlaw Today for his article “Caution ahead: SPAC litigation trends provide a road map for directors and officers.” ...

Sep 3, 2021 | Blog

In our most recent cannabis law blog, we highlighted New Jersey leapfrogging over New York in the “race” to establish a functional legal market for the recreational use of marijuana by its adoption of initial (but significant) rules to govern ...

Aug 31, 2021 | In The Media

Cybersecurity partner Kenneth Rashbaum was recently featured on an episode of “Out of Curiosity,” a podcast presented by international advisory and technology practice Kindato Global. Hosted by Kindato CEO and founder Jason Velasco, the ...

Aug 25, 2021 | Blog

In November 2020, New Jersey voters, by referendum, voted in favor of amending the New Jersey Constitution to legalize the personal use of marijuana and allow the state to create a market for regulated, recreational-use marijuana cultivation, ...

Aug 23, 2021 | Blog

On July 30, 2021, the Securities and Exchange Commission (SEC) approved the Financial Industry Regulatory Authority’s (FINRA) rule proposal aimed at cracking down on brokerages with a history of misconduct. FINRA, the self-regulator that oversees ...

Aug 23, 2021 | Blog

For more than a decade the federal government has complained to its allies and international trading partners that their business entities and financial institutions were not transparent enough and could be used to hide the identities of money ...

Aug 23, 2021 | Blog

In March, Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act (“MRTA”) into law, officially making New York the 16th State to legalize marijuana on a recreational use basis for all adults 21 and older. Since our prior update ...

Aug 19, 2021 | Attorney Article

On August 19, Managing Partner Roger Barton was published in Thomson Reuters’ Legal News and Westlaw Today in an article titled, “Changing the stakes: how evolving law firm ownership rules could (or could not) re-shape the legal industry.” The ...

Aug 17, 2021 | Blog

As anyone who is connected to the realm of NCAA athletics (or who has watched ESPN in the last two months) probably already knows, as of July 1, 2021, the NCAA made the paradigm-shifting decision to allow college athletes in the U.S. to be ...

Jul 27, 2021 | Blog

On July 2, 2021, the Supreme Court granted certiorari in Pivotal Software, Inc. v. Superior Court of California to decide whether the automatic discovery stay provided for in the Private Securities Litigation Reform Act (PSLRA) applies in state ...

Jul 21, 2021 | Firm News

The Side Bar is Barton’s creative publication full of real-life stories handpicked by us, just for you. In this edition, we explore the artwork of the 2nd Avenue subway line, Counsel Mathew Hoffman's career as an art litigator and rabbi, the ...

Jul 9, 2021 | Attorney Article

Congratulations to Managing Partner Roger E. Barton on his selection as a recurring analytical columnist for Reuters Legal News and Westlaw Today. Roger will be providing regular, analytical commentary on recent trends affecting Securities ...

Jul 7, 2021 | Attorney Article

In an article published by Reuters Legal News and Westlaw Today, authors Roger Barton and Michael Ward examine the changing legal liability of forward-looking statements in the Special Purpose Acquisition Company (SPAC) realm. Read the article ...

Jul 1, 2021 | Blog

There’s something happening here. What it is ain’t exactly clear. ©Cotillion Music, Inc. 1966 These opening lyrics from the classic song “For What It’s Worth,” written by Stephen Stills more than fifty years ago, aptly describe the ...

Jun 29, 2021 | Firm News

Partner Kenneth Rashbaum recently presented to the International Society of Primerus Law Firms network on June 29th in what was a must-see webinar for the Primerus membership. Ken detailed what a robust cybersecurity compliance program looks like ...

Jun 29, 2021 | In The Media

In a recent Law.com article, partner Ken Rashbaum, who also serves as an adjunct professor of law at Fordham University, commented on the future of networking in the e-discovery industry. When asked whether he thinks young professionals seeking jobs ...

Jun 29, 2021 | Blog

The Delaware Chancery Court has once again demonstrated why it is the premiere jurisdiction for the resolution of business disputes, especially those arising out of complex M&A transactions. In a case decided on June 7, the Chancery Court relied ...

Jun 24, 2021 | Blog

Over the last decade, many developed countries have competed against one another for investment from multinational corporations. This competition has led to a tax race to the bottom as one state after another has cut corporate income tax rates to be ...

Jun 17, 2021 | Firm News

Partner Bill Newman was a featured panelist at the seminar “Employment Considerations: How Buyers and Sellers Can Better Prepare to Avoid People Liability in M&A” on Wednesday, June 23, hosted by the International Society of Primerus Law ...

May 27, 2021 | Blog

In an opinion penned by Justice Gary F. Traynor and handed down on March 3, 2021, the Delaware Supreme Court ruled in favor of Dole Food Company, Inc. in a fraud-related coverage dispute with RSUI Indemnity Company, an underwriter of wholesale ...

May 27, 2021 | Firm News

Partner Kenneth Rashbaum recently moderated a panel as part of the American Bar Association’s First Annual Virtual International Litigation Skills Conference, which ran May 26-27, 2021. Hosted by the ABA’s International Law Section, the ...

May 22, 2021 | Blog

It used to be that taxpayers who itemized their deductions were permitted to deduct the entire value of their state and local tax payments from their federal income and thereby reduce their federal income tax liability. This state and local tax ...

May 12, 2021 | Blog

In an April 30, 2021 opinion penned by Vice Chancellor Kathaleen S. McCormick, the Delaware Chancery Court handed a decisive victory to private equity firm Snow Phipps Group, LLC, awarding them specific performance regarding the previously failed ...

Apr 22, 2021 | In The Media

Barton recently represented global private equity firm Trustbridge Partners as it led a $50 million funding round for Cherre, Inc., a real estate data management and analytics platform launched in 2016. The successful Series B round will allow ...

Apr 21, 2021 | In The Media

Barton was recently featured in the Spring edition of Primerus’ Paradigm Magazine, which highlighted firms successfully navigating a legal world changed by COVID-19. An article titled, “At Barton, a Culture of Client Connection Is Part of Our ...

Apr 15, 2021 | Firm News

In concert with Seton Hall Law School, Partner Kenneth Rashbaum will discuss ethical challenges in electronic communications, artificial intelligence, data search modalities, and other technology tools at the upcoming CLE seminar “The Duty of ...

Apr 12, 2021 | Blog

The Warning Signs The warning signs can be both subtle as well as more obvious. One or more of your previously payment-reliable customers/clients start to stretch their payment terms. Less than 30 days becomes closer to 60 days, then moves steadily ...

Apr 6, 2021 | Firm News

Barton would like to congratulate two of its partners on their selections to Law360's 2021 editorial advisory boards: Alvan L. Bobrow (Tax) and William A. Newman (Mergers & Acquisitions). Law360’s editorial advisory boards provide feedback ...

Mar 31, 2021 | Firm News

Barton client PlutoCard was recently named as one of the top ten companies shaking up the tech industry using face and image recognition technology. PlutoCard is an AI FinTech company that uses digital biometrics to replace passcodes, PIN numbers, ...

Mar 19, 2021 | Blog

What is a Reg A+ offering? Which companies are eligible to use Reg A+? What securities can be sold using Reg A+? What is the difference between Tier 1 and Tier 2 offerings? What is the process for a Reg A+ offering? Are there any ...

Mar 19, 2021 | Firm News

“Leadership in Action – Building Tomorrow’s Law Firm by Executing Successful Growth Strategies” is the topic at the 2022 Managing Partner Forum (MPF) being led by Roger E. Barton for managing partners who are looking for ways to successfully ...

Mar 15, 2021 | Blog

For companies looking to raise meaningful capital using a Reg A+ exemption, March 15th marks a significant increase in the Reg A+ Tier 2 offering limit. Businesses using this framework will now be able to raise up to $75 million in capital within a ...

Mar 11, 2021 | Blog

The New York Department of Financial Services (NYDFS) announced a $1.5 million penalty in a Consent Agreement with Residential Mortgage Services, Inc. on March 3, 2021. This Agreement comes on the heels of NYDFS’s release of a report on its ...

Mar 10, 2021 | Firm News

On March 30, 2021, Barton tax counsel Abe Mastbaum helped lead a webinar discussion entitled, “Exploring Tax Implications and Best Practices for International Investors in US Commercial Real Estate.” Hosted by Nashville-based private equity firm ...

Mar 1, 2021 | Blog

On February 8, 2021, the SEC’s Division of Corporation Finance posted updated guidance that strongly encourages companies that are raising capital during times of market volatility to be more detailed and transparent in their disclosures to ...

Mar 1, 2021 | Blog

On February 18, 2021, the New York State Department of Financial Services (NYDFS) released an investigative report confirming that Facebook had previously failed to prevent third-party apps from sharing sensitive user data, a practice that violates ...

Feb 18, 2021 | Attorney Article

Read partner Alvan Bobrow’s New York Law Journal article “Should I Stay……Or Should I Go?: Understanding Residency Rules,” based on the number of New Yorkers leaving the state due to Covid-19, The article addresses residency audits and ...

Feb 18, 2021 | Blog

What is Reg A+? Regulation A+ (“Reg A+”) is a framework for capital-raising that was created under Title IV of the JOBS Act and subsequently implemented by the Obama administration in 2015. It differs from other capital-raising methods—such ...

Feb 12, 2021 | In The Media

Ken Rashbaum was featured on In House Warrior, Corporate Counsel Business Journal’s daily Podcast with host Richard Levick, concerning “The New Normal of ESG (Environmental, Social, and Governance)” including Covid-19, working from home, DEI, ...

Jan 28, 2021 | Blog

2020 has been quite the journey. In many ways, it has been a constantly evolving set of challenges that we as a country have had to face head-on. But despite the uncertainty and anxiety caused by the pandemic, the economy, and the election, we have ...

Jan 26, 2021 | Firm News

Ken Rashbaum, a Co-Chair of this conference, will moderate a panel, “Challenges of Privacy, Cybersecurity and Artificial Intelligence: Avoiding Discriminatory Impact” at a virtual conference produced by the International Law Section of the ...

Jan 22, 2021 | In The Media

“Firms that depend heavily on increasing rates for their growth are going to suffer during a time when clients are looking to cut costs and derive more value from the services they are receiving.” Read the entire article here.

Jan 22, 2021 | Blog

The United States District Court for the Southern District of New York recently issued the opinion In re Nine West LBO Securities Litigation, Case No. 20-2941 (S.D.N.Y. Dec. 4, 2020), a ruling that may become the basis for serious consequences for ...

Jan 20, 2021 | Blog

I have gotten this far in life by the grace of music. My dad woke me up for high school by blasting The Doors. I would drive home from school blasting Beastie Boys. I spent all of my free time and money on going to concerts. Music is always with ...

Jan 8, 2021 | Blog

In light of the recent approval by the Food and Drug Administration (FDA) of the new Pfizer-BioNTech and Moderna vaccines for COVID-19, questions regarding vaccination and the workplace are bound to arise. On December 16, the U.S. Equal Employment ...

Dec 22, 2020 | In The Media

Interviewed by author and marketing consultant Carol Schiro Greenwald, Roger describes how he has used networking externally and internally to form strong relationships, develop business, help train associates in building their practices, foster a ...

Dec 10, 2020 | Blog

Earlier this year, we wrote an analysis of the Securities and Exchange Commission’s (“SEC”) proposals to increase limits on certain exempt financings while “harmonizing” the maze of exemptions that have confused investors and issuers for ...

Dec 10, 2020 | Blog

The Paycheck Protection Program (PPP) provides a Small Business Administration (SBA) loan that helps businesses keep their workforce employed during the Coronavirus (COVID-19) crisis.[1] The SBA will forgive loans if all employee retention ...

Dec 10, 2020 | Blog

Integration Matters: On November 2, 2020, the Securities and Exchange Commission released its amendments to certain of its rules in order to harmonize, simplify, and improve the multilayer and overly complex exempt offering framework. These ...

Dec 9, 2020 | Firm News

The New York / Nashville Business Alliance, a newly formed organization aimed at strengthening the commercial ties between New York and Nashville, held its inaugural meeting on October 23rd. The meeting maintained a focus on the vision of the ...

Dec 8, 2020 | Blog

On November 10, 2020, New York Governor Andrew Cuomo signed into law New York’s revised Anti Strategic Lawsuits Against Public Participation (Anti-SLAPP) law.  The new Anti-SLAPP law greatly expands the law’s scope, and provides new, powerful ...

Dec 8, 2020 | Attorney Article

Managing Partner Roger E. Barton was published by two major legal news outlets during the month of November, which featured two of his articles on the business of law and thought leadership. On November 5th, Roger’s article “Lateral Hiring in ...

Dec 7, 2020 | Firm News

On September 3, 2020, Jiko Group, Inc. (Jiko) became one of the first fintech companies to acquire a national bank. Jiko’s innovative banking solutions yield greater returns for depositors while offering significantly increased protection of ...

Nov 25, 2020 | Attorney Article

Managing Partner Roger E. Barton’s article “The All-Terrain Law Firm: Creating Value in a Rocky Economic Climate”  was recently featured in the New York Law Journal. The article analyzes and defines value in a legal services context and makes ...

Nov 24, 2020 | In The Media

Partner Orrit Hershkovitz, quoted in a Kiplinger article, “Divorce: Who Pays for Education and How to Afford It,” points out that some divorce agreements limit the amount a parent is required to contribute toward a child’s college education. ...

Nov 18, 2020 | Firm News

The Side Bar is Barton's creative publication full of real-life stories handpicked by us, just for you. In this edition, we explore the vibrant street murals of Eduardo Kobra, the musical stylings of IP Partner Maurice Ross, the history of ...

Nov 12, 2020 | Firm News

On November 12, 2020, partner Kenneth Rashbaum was featured on Thomson Reuter’s West LegalEdcenter podcast series “Privacy in the New World Order: Part IV – More Turmoil: the Privacy Shield Falls.” The program discussion centered around the ...

Nov 11, 2020 | Attorney Article

Managing Partner Roger E. Barton published, “Lateral Hiring in the Best of Times and the Most Turbulent of Times” in Thomson Reuters’ Westlaw Today. In the article, Roger provides a nuanced look at the trends in lateral hiring both pre- and ...

Nov 2, 2020 | Firm News

Managing Partner Roger Barton moderated BritishAmerican Business', “Accelerate with Nicholas Wheeler, Founder and Chairman, Charles Tyrwhitt.” Nicholas Wheeler’s story is one of fortitude and commitment to his quest to produce the finest ...

Oct 28, 2020 | Firm News

Barton LLP is excited to announce its list of attorneys selected to Super Lawyers 2020 for the New York Metro Area. The selected attorneys comprise half of the firm’s total attorney roster, with the majority being repeat appointees. A Thomson ...

Oct 23, 2020 | Blog

On October 2, 2020, the Small Business Association (SBA) issued a procedural notice providing information concerning the required procedures for changes of ownership of an entity that has received Paycheck Protection Program (PPP) funds. The SBA ...

Oct 21, 2020 | Blog

For startup, early-stage, and emerging companies, demonstrating high growth potential is critical in order to obtain financing from venture capital firms and funds. But what exactly are venture capitalists (VCs) looking for when they’re looking to ...

Oct 16, 2020 | Firm News

Ken Rashbaum spoke at a BritishAmerican Business webinar, “Unlocking the Full Value of First-Party Data,” held on Wednesday, September 23rd. Joining Ken and providing their insights on the most ideal way to leverage the smart use of first-party ...

Oct 1, 2020 | Blog

Attorneys, app developers, and consultancies take note: lawyers and consultants can be the subjects of massive HIPAA fines for health information security failures, as shown by the $2.3 million penalty proceeding settlement announced by the Office ...

Sep 29, 2020 | Firm News

Barton LLP is pleased to be recognized by the Web Marketing Association as a leader in our field with the 2020 Outstanding Legal Website Award. Partnering with the design team at Legal Internet Solutions Inc., the Barton team spent countless hours ...

Sep 28, 2020 | Firm News

In a proud partnership with BritishAmerican Business, the leading transatlantic trade association, Barton has produced a legal guide to doing business in the U.S., setting out the key issues for foreign companies and individuals as they expand into ...

Sep 28, 2020 | Blog

When forming a new business, two of the first steps you will most likely need to take will be to 1) register the business with the Secretary of State of the business’ state of formation and 2) register any trademarks you’re planning to use ...

Sep 25, 2020 | Blog

In August 2020, the U.S. Department of Justice released its first advisory opinion (the “Opinion”) in nearly six years relating to the Foreign Corrupt Practices Act (“FCPA”). The Opinion suggests that payment by a U.S. company to a foreign ...

Sep 24, 2020 | Firm News

Partner Kenneth N. Rashbaum was selected to the prestigious Fellows of the American Bar Foundation. The Fellows comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have ...

Sep 22, 2020 | Blog

Since at least 1939, the U.S. Department of Labor (“DOL”) has recognized that multiple employers could jointly “employ” a single employee within the meaning of the Fair Labor Standards Act (“FLSA”). If two (or more) employers fit the ...

Aug 28, 2020 | Firm News

Partner Ken Rashbaum will speak to the ACC Westchester/Southern Connecticut chapter alongside IBM Senior Counsel Catherine Quinlan during a rather untraditional, interactive presentation that will address the ethical challenges of practicing law ...

Aug 20, 2020 | Blog

August 2020 – In prior articles, we discussed the impact of COVID-19 on insurance in context of 1) coverage for claims for lost business income and 2) legislation in several states attempting to shift the risk for loss of business income to ...

Aug 5, 2020 | In The Media

Partner James Heavey was tapped by AdvisorHub to discuss the current state a TRO application filed in Georgia concerning a recent advisor departure in this current COVID climate. To read the article in its entirety, click here.

Aug 4, 2020 | Firm News

Join Barton at the Venture Summit Virtual Connect 2020, August 4-6 where Startups and Investors connect. Ideas are all well and good, but in order to attract capital they will need to be packaged and presented in a way that will entice investors and ...

Jul 29, 2020 | Firm News

Ken Rashbaum guides a global conversation regarding the focus on the robust enforcement of data and privacy compliance as we mark the second anniversary of the General Data Protection Regulation (GDPR) and the enforcement of the California Consumer ...

Jul 29, 2020 | Firm News

Partner Ken Rashbaum and Gayle Gorvett of GGorvett Consulting LLC will co-host a live webinar, “Privacy Shield Ruled Invalid by CJEU in Schrems II: Where do we go from here?” on Tuesday, August 4th beginning at 12:00 Noon. They will analyze ...

Jul 29, 2020 | Blog

The London Interbank Offered Rate (LIBOR) has been used extensively as a reference rate across a broad spectrum of financial products and instruments for decades. With potential exposure to LIBOR estimated to be more than $400 trillion, questions ...

Jul 22, 2020 | Blog

On July 16, 2020, the Court of Justice of the European Union (CJEU) declared that the EU-US Privacy Shield Framework (“Privacy Shield”) was invalid in that it violated fundamental principles of EU law, including General Data Protection ...

Jul 16, 2020 | Firm News

Ken Rashbaum will guide a global conversation regarding the focus on the robust enforcement of data and privacy compliance as we mark the second anniversary of the General Data Protection Regulation (GDPR) and the enforcement of the California ...

Jul 8, 2020 | Firm News

Ken Rashbaum will guide a global conversation regarding the focus on the robust enforcement of data and privacy compliance as we mark the second anniversary of the General Data Protection Regulation (GDPR) and the enforcement of the California ...

Jun 23, 2020 | In The Media

Partner Alvan Bobrow, interviewed by Law360, explains his move from BigLaw to Barton was due to Barton’s reputation as a transactional and litigation boutique, pointing out, “not just any boutique, but a quality boutique…Barton meets that high ...

Jun 17, 2020 | Blog

COVID-19 liability waivers could open a legal and business Pandora’s Box with little value in return. Employers should think hard and assess the risk-benefit matrix of such waivers carefully because the damage could well outweigh the ...

Jun 10, 2020 | Blog

June 2020 — The impact on business caused by COVID-19 is beyond what any person could have expected as the United States entered 2020. In the span of a few months, more than 20 million people in the U.S. lost their jobs, erasing 10 years of job ...

Jun 5, 2020 | Firm News

Join Barton on June 17th at 6:00 PM and witness BUILD NYC’s first-ever Virtual Flash Pitch Competition & Celebration featuring the talented BUILD students who have worked tirelessly over the past year to develop and launch their own ...

Jun 5, 2020 | In The Media

Ken Rashbaum was interviewed on “In House Warrior,” Corporate Counsel Business Journal’s daily Podcast with host Richard Levick, concerning COVID-19 contact tracing and employee monitoring. Ken spoke on regulatory, legal, privacy and business ...

May 29, 2020 | In The Media

Marc O. Dedman was interviewed by cityCURRENT Nashville Market President Kelly Roy Meyers. During the conversation, Marc explained how Barton in its first year of opening a Nashville office continues to bring great opportunities to the Nashville ...

May 28, 2020 | Blog

Online lending in the consumer sector involves the use of mobile devices by consumers to apply for loans, as well as the approval and funding of such loans to consumers. This article focuses on loans made to consumers and examines how the consumer ...

May 28, 2020 | Firm News

Barton is proud to be a supporter of #BounceBackNashville, a coalition of business owners in Nashville, TN committed to keeping its employees safe and stimulating its economy. Barton stands beside its neighbors dedicated to promoting Nashville’s ...

May 28, 2020 | In The Media

In two recent articles, James E. Heavey was called to comment on the recent Edward Jones attempts to enjoying a former advisor during the COVID-19 pandemic for doing what it permits its own recruited advisors to do in “Edward Jones Seeks to Stall ...

May 26, 2020 | Firm News

Managing Partner Roger E. Barton‘s advice was sought by Thomson Reuters' Practice Innovations Newsletter in an article, “Back to the Office, But Maybe Not for Some Firms,” focusing on running a firm during COVID-19 and post shelter-in-place ...

May 20, 2020 | Blog

Businesses make no assumptions in these strange and unsettling times about what you can and cannot do to track employees’ COVID-19 contacts or work productivity. Four Republican senators have backed a bill that places restrictions on contact ...

May 14, 2020 | Blog

Online video, and even audio physician visits have been stymied for years by a hodgepodge of governmental and private payer restrictions. COVID-19 has changed all that, for now, but the future of telemedicine after the pandemic eases may depend upon ...

May 14, 2020 | In The Media

Bankruptcy Partner Eric W. Sleeper was called upon by Women’s Wear Daily to comment on the anticipated tightening of debtor-in-possession financing by lenders as it relates to trade vendors in an article, “DIP Lenders’ Strings May Pose ...

May 6, 2020 | In The Media

Partner James E. Heavey, of the firm’s securities and financial services group, comments in AdvisorHub on the recent Edward Jones attempts to enjoin a former advisor during the Covid-19 pandemic for doing what it permits its own recruited advisors ...

May 1, 2020 | Firm News

Partner Kenneth Rashbaum led a panel discussion webinar focusing on how litigants must balance discovery goals and standards while also complying with numerous federal, state, and international data security and privacy requirements, especially ...

Apr 29, 2020 | In The Media

Partner James E. Heavey comments on the dismissal of a TRO against former advisors of Regions Bank for misrepresenting facts in the affidavits in support of, that the court relied on in an AdvisorHub article. Read the entire article here.

Apr 23, 2020 | Firm News

Recently, Roger Barton explained his firm’s current workflow strategy in a in Law360 article, “Law Firms Brace For More COVID-19 Financial Woes” and was interviewed as one of several law firm managing partners from across the country in a ...

Apr 23, 2020 | Blog

As the CARES Act stimulus funds run dry and most emerging growth companies were left out in the cold, the SEC’s proposed amendments may provide much needed relief for businesses in need of capital. Interestingly, the SEC’s vote preceded the ...

Apr 20, 2020 | Blog

April 2020 – Risk and crisis planning before an event or loss occurs is a multifaceted determination. As is apparent from the impacts now following from COVID-19, understanding insurance coverage that may be provided to mitigate loss is part of ...

Apr 16, 2020 | Firm News

Kenneth Rashbaum will speak to the ABA Section of International Law at a CLE Webinar scheduled for Tuesday, April 21st at 12:00 PM. Ken will lead the discussion surrounding the impacts of the pandemic on international supply chains, specifically, ...

Apr 16, 2020 | Blog

The Board of Governors of the Federal Reserve System, The Federal Deposit Insurance Corp. and the Office of the Comptroller of the Currency (“Agencies”) just announced a new interim rule permitting more flexibility for the postponement of an ...

Apr 13, 2020 | Blog

Under section 1031 of the Internal Revenue Code, taxpayers are able to engage in a “Like-Kind Exchange” and exchange investment, business, or trade real estate and potentially defer all capital gains taxes. This is a very powerful tax deferral ...

Apr 10, 2020 | In The Media

During an interview, Roger Barton imparts his firm’s current workflow strategy to Law360 as COVID-19 continues to affect the economy, and what he believes to be Barton’s most valuable asset. To read the entire article, click ...

Apr 8, 2020 | Firm News

Roger Barton shared his insights related to “Financial Resilience in a Time of Crisis,” session one of a series, “Accelerate Resilience & Continuity,” produced by BritishAmerican Business on Monday, April 13. To access a recording of ...

Apr 8, 2020 | Blog

Zoom, the seemingly ubiquitous online meeting platform used by schools across the nation, received a harsh lesson on April 4, courtesy of the City of New York, in the importance of cybersecurity to business credibility and business retention. The ...

Apr 7, 2020 | In The Media

"Firm leaders — how are you doing? What are you doing? Let’s take a look at how some law firm managing partners are handling the importance of communication, readiness, emotional well-being and other concerns amid this COVID-19 pandemic. I ...

Apr 6, 2020 | Blog

As we previously have covered earlier this week, Congress enacted and the President signed on March 27, the CARES Act that, among other things, seeks to provide material financial assistance to small businesses. First, we addressed various ...

Apr 2, 2020 | Blog

Effective April 1, 2020, New York State’s Empire State Development Agency clarified that showing residential and commercial properties, as well as back office operations for real estate work, appraisal services and home inspections are deemed ...

Apr 1, 2020 | Blog

The Coronavirus Aid, Relief and Economic Security Act (CARES Act), enacted this past week, provides new potential financial lifelines to qualified small businesses as a result of and in response to the COVID-19 pandemic. Earlier this week we ...

Mar 30, 2020 | Blog

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was enacted on March 27, 2020. The CARES Act increases access to Small Business Administration (SBA) loans and in some cases, provides for loan forgiveness to the extent the proceeds ...

Mar 27, 2020 | Blog

Barton will monitor, add to, and update this information as it becomes available.   Related Industry Articles and Barton Client Alerts COVID-19 Impact On Business – But Will Insurance Cover the Loss? Issue 3: Legal Reform COVID-19 ...

Mar 27, 2020 | Blog

Barton will monitor, add to, and update this information as it becomes available. Programs Small Business Administration (SBA) The SBA has agreed to offer targeted, low-interest disaster recovery loans to impacted businesses to help overcome ...

Mar 27, 2020 | Blog

Barton supports our clients and colleagues by continuing to collect available information regarding programs and assistance resources that have come into focus particularly due to the rapidly evolving COVID-19 pandemic and its recovery process. ...

Mar 27, 2020 | Blog

Barton will monitor, add to, and update this information as it becomes available.   Barton Client Alerts and Webinars COVID-19 & Mandatory Workplace Vaccinations Partner Kenneth Rashbaum to Moderate “To Trace or Not to Trace?: ...

Mar 25, 2020 | Attorney Article

It has not escaped the notice of hackers and bad state actors who may work with them that millions of Americans are now working from home, increasing the targets for these actors exponentially. Insurance carriers are preparing the onslaught of ...

Mar 20, 2020 | Blog

New York Governor Andrew Cuomo has just issued Executive Order 202.7 stating that effective immediately, until April 18, 2020, notarizations will be permitted by direct, interactive video conference with a fax or electronic copy of the document to ...

Mar 19, 2020 | Blog

As remote and electronic commerce is sharply increasing due to recent events surrounding the Coronavirus, the real estate community has proactively engaged with the U.S. Congress to enhance the ability to perform real estate closings in an ...

Mar 17, 2020 | Blog

The Federal Trade Commission (FTC) has released the annual updated thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). Originally enacted by President Gerald Ford, the HSR Act requires parties to notify the ...

Mar 17, 2020 | Blog

For employers affected by legislation regarding the enforceability of mandatory arbitration provisions in various employment documents, two (2) recent decisions by the National Labor Relations Board (“NLRB” or “Board”) are worth noting: ...

Mar 17, 2020 | Firm News

Barton LLP was pleased to host the Nashville cityCURRENT Signature Breakfast featuring Bruce Himelstein, globally recognized brand marketing expert, former executive of Ritz-Carlton, Loews and Marriott Hotels and one of the top 25 minds in sales ...

Mar 11, 2020 | Firm News

As the risk of the Coronavirus surges, so does the increase of employees working from home. It may decrease the spread of COVID-19, but it also opens the door for the potential of computer viruses and Hackers at the ready. Read the entire article ...

Mar 11, 2020 | Attorney Article

It goes without saying by now that the Coronavirus (COVID-19) will create a series of unique employment law issues even for the most prepared employers. While it is indeed good corporate hygiene for employers to be mindful of how the traditional ...

Mar 11, 2020 | Attorney Article

“Decide to plan, then plan how you will decide,” crisis managers are fond of saying. If your work force is depleted due to the need for employees to stay away from an office or factory vacated due to the COVID-19 (Coronavirus) outbreak, can ...

Mar 11, 2020 | Attorney Article

Risk and crisis planning is a multifaceted determination. One part of such an approach with regard to COVID-19 specifically, and other communicable diseases or illnesses generally, is analysis of a company’s insurance coverage. Though there ...

Mar 11, 2020 | Attorney Article

Preparing the Company for Secure Remote Work In light of possible workplace disruption caused by the escalating threat of the Coronavirus (COVID-19), your IT personnel should by now be assisting you in enabling most or all of your work force to ...

Mar 11, 2020 | Attorney Article

Business risks get smaller when one looks at them without the panic or fear that comes from encountering them by surprise.  Many of the risks to businesses from the COVID-19 (“Coronavirus”) outbreak are also legal perils that can be reduced ...

Mar 10, 2020 | Blog

Mobile banking involves the execution of financial transactions with a bank using a mobile device (cell phone, tablet, etc.) This article focuses on the applications and technologies that enable users to execute these types of transactions. For the ...

Mar 3, 2020 | Firm News

William A. Newman is slated to speak at an upcoming workshop hosted by Barton LLP and organized by BritishAmerican Business in collaboration with CLA (CliftonLarsonAllen). The panel of speakers will also include Aubrey Medal of CLA and Julia Weed of ...

Mar 2, 2020 | Firm News

On February 27th, real estate, private equity, and financial services industry leaders assembled to listen to Chief Economist of the New York City Economic Development Corporation (NYCEDC), Dr. Fred Olayele, shed light on NYC industries’ ...

Feb 28, 2020 | In The Media

With multiple providers documenting in the ED medical record, there are bound to be some discrepancies from time to time. Not everyone is going to agree on how the patient looked, what the family stated, or on overall clinical impressions. ...

Feb 21, 2020 | In The Media

Although awarded a 16-month injunction against a broker who stepped out to a new firm, Partner James E. Heavey (who was not involved in the case) tells Advisor Hub that it really was not much of a victory for Schwab and more likely an attempt to ...

Feb 21, 2020 | Blog

Fintech is a dynamic, evolving, and seemingly esoteric industry. As a result, our team has put together a series of articles exploring the legal and regulatory considerations affecting FinTech companies and innovations. Fintech is broadly defined ...

Feb 12, 2020 | Firm News

Barton recently hosted in-house IT professionals for an informative seminar, “How Does the New NYS Cybersecurity and Privacy Law (SHIELD Act) Impact Your Business?” In concert with the International Legal Technology Association (ILTA), Partner ...

Feb 11, 2020 | Firm News

The Side Bar is Barton’s creative publication full of real-life stories handpicked by us, just for you. In this edition, we explore the Barton building lobby mural by visionary artist Hans Hofmann, the mixology and multi-lingual talents of ...

Jan 30, 2020 | Blog

British investors eyeing deals in the US have won an important reprieve from the Committee on Foreign Investment in the United States. On January 13, the Committee announced expanded rules governing inbound investments but granted investments by UK ...

Jan 3, 2020 | In The Media

An arbitration panel has turned down J.P. Morgan Securities’ request to permanently enjoin a former bank-based broker in Indiana from contacting his former clients from his new berth at Raymond James Financial’s employee channel. The decision ...

Dec 21, 2019 | In The Media

In the case, Edward Jones v. Kerr in the U.S. District Court for the Southern District of Indiana, partner James E. Heavey stood victorious for Barton client, John Kerr, former Edward Jones’ registered representative, in a non-solicitation dispute ...

Dec 9, 2019 | Firm News

It is with heavy hearts that Barton mourns the passing of our friend and colleague, George Wang, on December 5th, 2019. George attended Cornell University, obtaining a Bachelor of Science degree in Mechanical Engineering before going on to earn a ...

Dec 6, 2019 | In The Media

A former Edward Jones broker who agreed to a temporary restraining order three weeks ago prohibiting him from telling customers about his move to Ameriprise won an unusual victory on Wednesday when a Finra arbitration panel ordered the parties to ...

Nov 26, 2019 | In The Media

A recent ruling by a federal judge in Indianapolis could make it easier for financial advisers who switch firms to tell clients about the move without fear of legal consequences. The case involves the financial firm Edward Jones, which filed suit ...

Nov 18, 2019 | In The Media

A federal judge’s wide-ranging rejection of Edward D. Jones & Co.’s arguments for a temporary restraining order and preliminary injunction against a broker who joined an independent broker-dealer could be useful in other client-solicitation ...

Nov 15, 2019 | In The Media

A federal judge in Indianapolis has denied Edward Jones' motion for a temporary restraining order against a former broker who joined a competing firm, and in a stinging rebuke, said the broker-dealer seemed more interested in teaching him a lesson ...

Nov 12, 2019 | Blog

Don’t poke the bear, the saying goes. The University of Rochester Medical Center (URMC) appears to have done just that, prompting the Office for Civil rights of the U.S. Department of Health and Human Services (OCR) to levy one of the largest ...

Nov 6, 2019 | Firm News

Meltzer, Lippe, Goldstein & Breitstone, LLP v. James Malfett dba Management Recruiters of Union County, NJ, US District Court Eastern District of New York: Led by partner Randy L. Rasey, Barton’s  trial team secured judgment for 100% of the ...

Nov 6, 2019 | Blog

On September 17, the U.S. Department of the Treasury published proposed regulations that would effectively implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), originally signed into law in August 2018. FIRRMA serves to ...

Nov 6, 2019 | Blog

There is perhaps no great shortage of disgruntled employees in the world and subsequently no great shortage of employees who’d exchange a few choice words with a disliked boss if granted impunity. Although some employees may feel like cursing out ...

Nov 6, 2019 | Blog

On Monday, August 25th, 2019, New York Governor Andrew Cuomo signed legislation that will give the New York Attorney General’s Office greater teeth with which to investigate and prosecute financial fraud claims brought under the Martin Act. The ...

Nov 4, 2019 | Blog

New York Attorney General Letitia James recently announced that her office has filed suit against Dunkin’ Donuts arising from a 2015 data breach that affected nearly 20,000 customers. Its lawyers will need a lot of Dunkin’s heralded coffee ...

Oct 31, 2019 | In The Media

Barton LLP was featured in the “Firm Forward: Law Office Innovations” section of the 2019 Super Lawyers New York Metro magazine in an article entitled, “Not BigLaw.” Interviewed by the writer, managing partner Roger Barton outlined the ...

Oct 15, 2019 | Blog

Foreign litigants in non-U.S. proceedings may use U.S.-style discovery to obtain evidence located beyond the U.S., the U.S. Court of Appeals for the Second Circuit recently ruled in In re del Valle Ruiz. The tangled motions and hearings this ...

Oct 8, 2019 | Blog

Giving in to the temptation to respond to a negative Yelp review with information that identifies complaining patients can be very expensive, even if it may make the clinician feel better in the moment. And the cost and reputational sting of a ...

Oct 7, 2019 | Blog

The Precedential Opinion Panel (POP), a committee created to oversee exceptional cases brought before the Patent Trial and Appeal Board (PTAB), has clarified a time-related issue regarding the filing of administrative challenges to patent ...

Oct 2, 2019 | In The Media

Wirehouse Morgan Stanley is going after another pair of departing brokers, filing a temporary restraining order claim against two advisors who left for Wells Fargo, according to news reports. Morgan Stanley alleges Gary Burwick and Marc Engelman ...

Sep 30, 2019 | In The Media

Morgan Stanley Wealth Management has gone to court to block two brokers in Fort Lauderdale, Florida, from contacting their former clients as it continues to aggressively enforce its customer non-solicitation agreements. Morgan Stanley’s complaint, ...

Sep 30, 2019 | Blog

Alistair Mactaggart, who proposed the 2018 ballot initiative that prompted the California legislature to pass the California Consumer Privacy Act (CCPA), has proposed a new ballot initiative that, if passed, could bring California closer to the ...

Sep 23, 2019 | In The Media

Back in the 1980s, the “death of the midsize firm” was a constant refrain among consultants and other pundits. Of course, those reports were, like Mark Twain’s premature obituary, greatly exaggerated. By definition, the midsize firm cannot ...

Sep 23, 2019 | In The Media

In another reminder of why brokers should resist cutting compliance corners, the Financial Industry Regulatory Authority has fined and suspended  an Oppenheimer & Co. broker who allegedly had his client service associate complete his continuing ...

Sep 19, 2019 | In The Media

Chew on this: tourists on double decker buses are sticking their gum on New York City street signs. Two signs on Broadway near City Hall have been covered in chewed up gum. "People have been quite respectful actually. I'm quite surprised to see ...

Sep 16, 2019 | In The Media

The Nashville Business Journal highlights the reasons behind Barton’s expansion into Nashville with Marc Dedman at the helm. To read the entire article, click here.

Sep 12, 2019 | Firm News

Barton LLP has joined forces with Nashville-based attorney, Marc Dedman, to open the Barton Nashville office. Dedman, who will be partner-in-charge of the Nashville office, will focus on advising U.S. and international businesses in a wide range ...

Sep 12, 2019 | Firm News

Barton LLP is excited to announce its list of attorneys selected to Super Lawyers 2019 for the New York Metro Area. The selected attorneys comprise nearly half of the firm’s total attorney roster, with the majority being repeat appointees. A ...

Sep 4, 2019 | Firm News

In recent years, design patents have taken on increased importance in the technology world as demonstrated in the recent series of high profile Apple v. Samsung litigations. Design patents have also become an important method of protection for ...

Sep 4, 2019 | Blog

A ransomware attack forced the shutdown of MedStar Health computers and email systems on March 29, The Washington Post reported. Nurses contended that the shutdown affected treatment and created patient safety issues. The records and email ...

Aug 22, 2019 | Firm News

It is with heavy hearts that Barton mourns the recent passing of our friend and colleague, Jason A. Cohen (44), on Friday, July 19, 2019. Jason attended Syracuse University before earning his J.D. from New York Law School, cum laude. After an ...

Aug 21, 2019 | In The Media

Charles Schwab & Co. for the second time in a week has sued a former broker in an attempt to block him from contacting former clients. The San Francisco-based broker-dealer on Tuesday asked a U.S. District Court judge in Texas’ western ...

Aug 14, 2019 | In The Media

Wirehouses have long used the courts to try to prevent departing advisors from walking away with clients and their assets. Now at least one RIA is adopting similar tactics, InvestmentNews reports. Mercer Global Advisors, which says it has more than ...

Aug 13, 2019 | In The Media

Addressing the recent departure of a Mercer advisor to a competitor sparks controversy as to who, indeed, owns the client(s), James Heavey points out the background, facts, and irony attached to this situation for which size just does not matter ...

Aug 9, 2019 | In The Media

Packing sack meals for homeless families in Boise, Idaho. Assembling food for hungry children in Louisville, Kentucky, to eat over the weekend when they don’t have access to school lunches. Encouraging the entrepreneurial spirit of students in ...

Aug 9, 2019 | Blog

Any business that has employees knows that the U.S. Immigration and Nationality Law requires that employers verify both the identity and the employment eligibility of its workers. The United States Citizenship and Immigration Services (“USCIS”), ...

Aug 8, 2019 | Blog

Financial regulatory bodies, including the Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), Financial Crimes Enforcement Network (FinCEN), and Financial Action Task Force (FATF), are cracking down on ...

Aug 8, 2019 | Blog

Over the past 15-20 years, it has become a fairly standard practice for employers to include in employment agreements and/or offer letters a provision requiring the new employee to agree to resolve any and all employment disputes with the new ...

Aug 5, 2019 | Blog

New York state’s first comprehensive cybersecurity law, the SHIELD Act, was signed into law by Governor Andrew Cuomo on July 25, 2019. As we wrote when the Legislature passed the Act in June, the SHIELD Act (an acronym for “Stop Hacks and ...

Jul 26, 2019 | In The Media

Partner Maurice Ross was recently quoted in several financial publications regarding the trademark infringement lawsuit Barton filed against Edelman Financial Engines on behalf of its client, Jalinski Advisory Group related to its “Financial ...

Jul 10, 2019 | Blog

The Freedom of Information Act (FOIA), originally enacted in 1966 and amended as recently as 2016, is a federal law mandating the full or partial public disclosure (upon request) of certain commercial and financial information held by government ...

Jul 10, 2019 | Blog

One could reasonably make the argument that the right to free speech under the First Amendment of the Constitution is one of the most fundamental American principles in existence. That being said, there is often a contentious and shifting debate ...

Jul 10, 2019 | Blog

The Securities and Exchange Commission (SEC) has recently issued an open call for comments on how to improve its policies regarding private securities offerings that are exempt from SEC registration. In a concept release posted at the end of June, ...

Jul 10, 2019 | Blog

On July 8, 2019, the UK Information Commissioner’s Office (ICO) proposed a £183 million ($230 million USD) penalty against British Airways under the General Data Protection Regulation (GDPR) stemming from a 2018 data breach. Those who thought ...

Jul 10, 2019 | Attorney Article

Managing Partner Roger E. Barton recently penned an article featured in the July issue of Westlaw Journal Professional Liability, published by mass media and legal research firm Thomson Reuters. The article offers a detailed analysis of the factors ...

Jul 9, 2019 | In The Media

You don’t need a particularly large book of business these days to attract legal attention from a wirehouse eager to keep client assets. Morgan Stanley won a temporary restraining order last week against James N. Washington II, who was managing ...

Jul 2, 2019 | Blog

The New York Legislature passed the state’s first comprehensive cybersecurity law, the SHIELD Act, on June 17, 2019. It is awaiting review and perhaps approval by Governor Andrew Cuomo. Whether it is groundbreaking can be debated but if signed, as ...

Jul 1, 2019 | In The Media

On June 19, 2019, the EisnerAmper Real Estate Services Group held a cybersecurity forum at the Iselin, NJ, office addressing the importance of cybersecurity for the real estate sector. The expert panel included Zach Aliberti, Director, Urban ...

Jun 28, 2019 | Firm News

Barton’s intellectual property litigation team, including Maurice Ross and Randall Rasey, achieved a rare and important victory in a decision by Judge Julie Robinson of the United States District Court of the District of Kansas upholding the ...

Jun 17, 2019 | Attorney Article

Practitioners in the United States may be unfamiliar with the UNIDROIT Principles of International Commercial Contracts (the "UNIDROIT Principles"), as indeed I was until my good friend Professor Eckart Brödermann of Hamburg, Germany commended them ...

Jun 17, 2019 | Firm News

On June 10th, Barton partners Bill Newman and Kenneth Rashbaum joined speakers Waqas Shahid (Ankura Consulting) and Caroline Berube (HJM Asia Law & Co.) in hosting a round-table discussion addressing the many inter-connected challenges of ...

Jun 17, 2019 | Firm News

As part of the June 11th Primerus Northeast Regional Meeting, Barton LLP moderated a discussion centered on the continuing evolution of diversity and inclusion in the legal industry. The discourse revolved around a variety of issues, ranging from ...

Jun 14, 2019 | In The Media

Edward D. Jones & Co. on Thursday suffered a setback in its fight to recoup client assets from a former broker who bolted to rival Amerprise Financial Services earlier this year. A state judge denied Jones' request for a temporary restraining ...

Jun 12, 2019 | Blog

As previously discussed in Barton’s past blogs, the question of whether an individual is an independent contractor of an organization or actually an employee is a subject that has been litigated ad infinitum over the past several years. Both ...

Jun 12, 2019 | Blog

On Wednesday, June 5th, the U.S. Securities and Exchange Commission (SEC) approved its new Regulation Best Interest proposal amid concerns that the new regulation may lack the legal legs to stand on when it comes to effecting actual change in the ...

Jun 12, 2019 | Blog

The past several years have seen federal courts across the country ruling uniformly on the issue of litigation finance discovery. Barring the existence of exceptional circumstances, federal courts have been consistently rejecting parties’ motions ...

Jun 4, 2019 | In The Media

Every new privacy law is a battle over data. While the fight is still going on around privacy laws like Europe’s GDPR and California’s CCPA, New York State is set to become the next theater of war as legislators are poised to pass one of the ...

Jun 3, 2019 | Blog

First American Financial Corporation (“First American”), one of the largest issuers of title insurance in the United States, has reported a potential breach of personal and financial information. First American comprises various subsidiaries and ...

Jun 1, 2019 | Attorney Article

The sale and merger of medical practices into larger medical groups or hospital networks is an ongoing trend that began almost a decade ago. A key component of these transactions has been the valuation of the target medical practice; the purchase ...

May 29, 2019 | In The Media

New Yorkers could soon have clearer insight into when, where and how their data has been compromised under the terms of a bill expected to pass this week in the state’s legislature. The state’s lawmakers are debating whether to approve a bill ...

May 29, 2019 | Blog

On April 17, 2019, the Internal Revenue Service issued the second round of proposed regulations relating to investments in qualified opportunity zones. We previously issued an alert entitled “Qualified Opportunity Zones – New Opportunities in ...

May 29, 2019 | Firm News

Join Barton for an interactive, round-table style discussion that will address the inter-connected challenges of law, business processes, culture, and ethics that impact the flows of cross-border commerce. The focus will be on practical ideas and ...

May 16, 2019 | Firm News

Partner Kenneth N. Rashbaum will be leading an interactive panel discussion on cybersecurity risks in the real estate industry on Wednesday, June 19th. Sponsored by EisnerAmper, the event is titled “Can Your Real Estate Business Handle a Cyber ...

May 16, 2019 | In The Media

Managing partner Roger E. Barton was recently quoted in the American Bar Association’s newest publication entitled Strategic Networking for Introverts, Extroverts, and Everyone In Between. Penned by author Carol Schiro Greenwald, this book is ...

May 9, 2019 | Blog

On Tuesday, April 9th, 2019, the New York City Council passed a bill that, if signed by Mayor Bill de Blasio, would be the first of its kind in the country in banning employers from drug screening job applicants for marijuana. The bill, which was ...

May 6, 2019 | Blog

Property managers, real estate brokers, and developers are facing a new and growing threat to their businesses: loss of valuable electronic information provided by tenants, prospective purchasers, and even their own employees. The pace of regulatory ...

Apr 11, 2019 | Blog

On April 3rd, 2019, President Trump issued a memorandum calling for greater efforts from the Federal Government and third-party platforms towards the policing of counterfeit goods: “Third-party intermediaries, including online third-party ...

Apr 3, 2019 | Blog

New York State has recently considered a number of real estate tax changes as a revenue raising mechanism for the Metropolitan Transportation Authority and other budgetary needs. Lawmakers were initially considering a pied-a-terre tax, but have ...

Apr 2, 2019 | Attorney Article

Like many mergers, the merger of sale-leasebacks and art financing looks irresistible from a distance. However, a recent New York appellate decision (Shagalov v. Edelman, 161 A.D.3d 455 (N.Y. App. Div. 2018) obtained by our firm not only highlights ...

Apr 1, 2019 | Blog

On March 28, 2019, the U.S. Department of Housing and Urban Development (“HUD”) sued Facebook alleging that Facebook’s use of its artificial intelligence tools caused violations of the Fair Housing Act in permitting advertisers to target ...

Mar 26, 2019 | Blog

2019 has seen another bump in New York’s salary threshold for employees to be considered exempt from overtime pay. It’s a change that is important for employers to note and carefully comply with in order to avoid some costly ...

Mar 22, 2019 | Blog

If you’ve ever shared anything personal on a social media platform—photos, status updates, political views—chances are you’ve heard the (digital) age-old adage: “The Internet is forever.” With the right tools, even content that is marked ...

Mar 15, 2019 | Blog

On February 15, 2019, the Federal Trade Commission (the “FTC”) announced revised 2019 thresholds for the The Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 (the “Act”) as required by the 2000 amendment of Section 7A of the ...

Mar 15, 2019 | Firm News

Save the date, June 6th, for BUILD NYC’s Innovation on the Park, an evening to benefit BUILD NYC Student Entrepreneurs. Barton is proud to support BUILD NYC’s mission to use entrepreneurship to ignite the potential of youth from ...

Mar 15, 2019 | Firm News

Partner Kenneth N. Rashbaum will lead a discussion entitled “A Resilient Privacy Program in Today’s Climate” at the May 8th New Jersey Roundtable. Attorneys, accountants, multinational corporation departments (risk, law, compliance), and ...

Mar 15, 2019 | Firm News

Barton was pleased to recently host the BritishAmerican Business annual tax forum. Partner Abe Mastbaum joined members of Frank Hirth to discuss a variety of complex topics related to the U.S. Tax Cuts and Jobs Act. Subjects covered included ...

Mar 15, 2019 | Firm News

This year’s theme for the Primerus International Convocation is “Law as Business Collaborator: Delivering Innovation and Value on a Disruptive Global Stage.” Roger Barton is slated to speak at the convocation, presenting on Effectively ...

Feb 14, 2019 | Blog

The famous 20th Century author and poet T.S. Eliot once famously claimed that “good writers borrow; great writers steal.” While perhaps a clever adage for the budding writer, this philosophy is somewhat of a nightmare for those of us trying to ...

Jan 28, 2019 | Blog

The data protection authority of France, the CNIL, assessed the first penalty against a US company, Google, on January 21, 2019. The penalty, 50,000,000 Euro, was levied on the basis that Google’s information regarding its practices and the way in ...

Jan 28, 2019 | Blog

In two recent cases involving contract disputes and arbitrability, the Supreme Court has issued two different opinions–one in favor of the arbitrator’s authority and the other in favor of the court’s authority. While the conclusions to these ...

Dec 6, 2018 | Blog

Overview During just the past month alone, and especially the recent election cycle, significant developments with respect to cannabis and its legalization occurred. From changes at the federal level with wide ranging potential impacts on either ...

Nov 29, 2018 | Blog

What happens to all that sensitive personal information you give your employer when you start a new job, like Social Security Number, bank account number and passport number? If stored electronically, must your employer take reasonable steps to ...

Nov 9, 2018 | Blog

Pursuant to the newly enacted Tax Cuts and Jobs Act, investors are able to utilize a new and powerful mechanism to achieve tremendous savings and deferral of Federal capital gains taxes through the reinvestment in designated geographic areas of the ...

Oct 11, 2018 | Blog

Introduction: Typically when the topic of legalized cannabis comes up the states that come readily to mind are Oregon, Washington, California and Colorado. This is not surprising since these states were some of the first states to decriminalize ...

Oct 8, 2018 | Blog

1. UASs The days of unmanned aircraft systems (UASs), commonly known as drones, being thought of as the 21st Century version of an, at times, annoying model airplane or toy have passed. While the consumer drone market continues to grow, the ...

Oct 3, 2018 | Blog

Personal data is the currency with which we pay for allegedly “free” services like Google and Facebook. Effective 2019, subscribers will be required to pay John Hancock with data about their activities in order to obtain life insurance. Is the ...

Oct 2, 2018 | Blog

Barton LLP’s attorneys are committed to advising clients to be proactive in their business operations to manage risk.  Due to the #MeToo Movement that began one year ago, companies need to be cognizant of the many new and evolving laws that ...

Sep 24, 2018 | Attorney Article

In the months since the accusations against movie mogul Harvey Weinstein started what is now known as the "Me Too" movement, it can seem that sexual harassment allegations are a ticking time bomb for any workplace. After all, since the Weinstein ...

Sep 11, 2018 | Firm News

Barton congratulates our multiple-year and first time recipients. A Thomson Reuters publication, Super Lawyers is an annual, national listing of the top 5% of lawyers in their respective practice areas as nominated by their peers. Rising Stars ...

Jul 23, 2018 | Blog

An estimated $8.5 billion was spent on legal cannabis in the United States last year. However, even this amount is a drop in the bucket compared to projections for the next several years. Those projections range from a ‘low’ of $23.4 billion to ...

Jul 6, 2018 | Blog

This past fall we provided an in-depth blog article addressing the notable discrepancy that had developed in the Circuit Courts concerning the important issue as to the breadth of the “safe harbor” provision of Section 546(e) of the Bankruptcy ...

Jul 6, 2018 | Blog

According to press reports, the President has decided to rely on a bill pending in Congress to resolve the issues regarding investment from China in technology and other businesses in the US.  The bill is the Foreign Investment Risk Review ...

Jul 5, 2018 | Blog

Manhattan is known for its robust and cosmopolitan real estate market. Recently, there have been a number of critical tax law changes that could have a tremendous impact on Manhattan real estate and its retail sector by affecting the viability of ...

Jul 5, 2018 | Blog

California’s Consumer Privacy Act of 2018 is the most far-reaching attempt at data protection since HIPAA. It’s at the same time more, and less, than it appears. Regardless, it will change the privacy landscape in the US for years and serve as a ...

Jun 19, 2018 | In The Media

Under the new tax code, taxpayers who itemize their deductions will be subject to a cap on state and local tax (SALT) deductions. States with higher individual income and property tax rates have objected to this cap and have created tax maneuvers to ...

May 23, 2018 | In The Media

The acronym may sound innocuous enough – what could be the harm in something called G-D-P-R? – but few business issues these days cause as much global disruption and boardroom angst as General Data Protection Regulation. As instituted by the ...

May 22, 2018 | In The Media

How many United States firms are paying attention to what is happening across the pond with GDPR? According to a RealWire survey, only 16 percent of companies in the Americas believe they must comply with GDPR—a percentage far less than the ...

Apr 26, 2018 | Blog

On April 24, 2018 the SEC announced a settlement of a penalty proceeding against the successor to Yahoo, Altaba, Inc., for Yahoo’s handling of the 2014 data breach that compromised the information of hundreds of millions of users. The data ...

Apr 26, 2018 | In The Media

Law360 touted Barton LLP as a draw for BigLaw partners who are interested in making a move to a firm that offers a more dexterous and desirable platform to practice law. “…there is a current trend in BigLaw for partners in certain practice areas ...

Apr 25, 2018 | In The Media

Law360 (April 25, 2018, 1:33 PM EDT) -- BigLaw partners are often exceptionally good at practicing the law and serving clients, but when it comes to selling themselves to potential suitors while contemplating a lateral move, they’re not ...

Mar 30, 2018 | Blog

While GDPR is a looming shadow for many organizations, laws of states like New York comprise many similar requirements. In this second part of our GDPR series, we look at how the New York Department of Financial Services (NYDFS) Cybersecurity ...

Mar 16, 2018 | In The Media

If you thought UBS ’ decision to leave the broker recruiting protocol in late November would cause brokers at the wirehouse to stay put, think again. Brokers are joining and leaving the firm, and those departing outpace new hires over the past ...

Mar 15, 2018 | In The Media

When UBS Financial Services Inc. decided to leave the protocol for broker recruiting at the end of November, many in the industry believed it would have a chilling effect on broker movement at the wirehouse. That has not happened. Brokers continue ...

Mar 12, 2018 | Blog

New York’s Attorney General Eric T. Schneiderman’s Press Release of March 6, 2018 is an indicator to health plans that they ignore state information security rules at their peril. New York settled its investigation into EmblemHealth with regard ...

Mar 2, 2018 | Blog

US companies looking at blockchain as an expedient and inexpensive path to General Data Protection Regulation (GDPR) compliance should look skeptically.  Oxford Senior Law Lecturer Michelle Finck recently wrote, “It is safe to assume that most ...

Mar 1, 2018 | In The Media

Emergency physicians (EPs) routinely override safety prompts in clinical decision support systems for very good reasons. However, a skilled plaintiff attorney can depict it as a rogue physician's negligence. "A liability exposure can be ...

Feb 26, 2018 | Blog

The Tax Cuts and Jobs Act (“Act”) has significant tax implications to members of the financial industry who settle enforcement claims with their regulators. The most significant change is that fines and penalties paid to non-governmental ...

Feb 22, 2018 | In The Media

Morgan Stanley has trotted out a potentially damning detail in its latest attempt to convince a federal judge to bar recently departed brokers from using allegedly “confidential” information to contact former clients in violation of employment ...

Feb 9, 2018 | In The Media

Sotheby’s has sued the New York art dealer Anatole Shagalov after he allegedly failed to pay the record-breaking $6.5 million sum he bid on an untitled Keith Haring painting from 1982, reports Bloomberg. The auction house is suing the dealer for ...

Feb 8, 2018 | In The Media

A legal fight between Sotheby’s and a dealer over a Keith Haring painting will get its day in court. On Thursday, a New York Supreme Court judge dismissed the auction house’s request for a summary judgment against Anatole Shagalov, who the house ...

Feb 7, 2018 | In The Media

There's an old saying that warns never to bite off more than one can chew, though it seems that adage fell on deaf ears in Anatole Shagalov's case. The art dealer and businessman is currently in a legal battle with Sotheby's auction house, who ...

Feb 6, 2018 | In The Media

The makers of the Rubik’s Cube are using illegitimate trademarks to squeeze out the competition, a competing puzzle-cube maker claims in a federal complaint. Hungarian architecture professor Erno Rubik invented the three-dimensional puzzle cube ...

Feb 6, 2018 | In The Media

A puzzle company called Cubicle Enterprises has sued the maker of the Rubik’s Cube in New York federal court, alleging that a number of its trademark registrations on the iconic toy were “fraudulently procured.” Saying it was forced to sue ...

Feb 5, 2018 | In The Media

You can’t walk away from a winning bid. That’s Sotheby’s message to a New York art collector who allegedly refused to honor his $6.5 million offer for an untitled 1982 Keith Haring painting, a record price for the beloved American pop artist. ...

Feb 5, 2018 | In The Media

By his very nature, Josh Jalinski considers himself an ethical and affable financial advisor. Recruited by Wall Street straight out of seminary school, he credits decades of developing strong personal relationships as key to building a growing ...

Jan 31, 2018 | Attorney Article

While the overwhelming majority of trials settle before verdict in the current litigation environment, many cases proceed to a stage of trial, or are disposed by summary judgment motions that may require support by proof in admissible form. Much of ...

Jan 25, 2018 | In The Media

Wells Fargo Advisors and Morgan Stanley are using extremely different tactics in the battle to hang onto their financial advisers. Wells Fargo started the year by dangling a carrot at its 14,544 retail and wealth management advisers, while Morgan ...

Jan 17, 2018 | Blog

We’ve reached a critical moment in the discussion regarding sexual harassment.  Has the #MeToo movement ushered in an end to the scourge of sexual harassment in the workplace? As an employment lawyer and former human resources executive, ...

Jan 12, 2018 | Blog

Has Kodak roared back to relevance? On January 9, 2018 Kodak, in partnership with Wenn Digital, announced its ICO for a blockchain-based digital rights management offering for photographers. Following the announcement, Kodak’s stock rose 119%. ...

Dec 1, 2017 | In The Media

Legal action against ride-hailing app company Uber Technologies Inc. could present a litmus test for state attorneys general looking for a high-profile case they can use to enforce state breach notification laws. Uber disclosed on Nov. 22 that it ...

Nov 27, 2017 | In The Media

Jerry Seinfeld has a routine, a "bit", where he makes fun of fans of professional sports. When a player is part of the team you root for, you cheer him on. When he departs, you scream that he's a bum. In fact, he says, you actually are just rooting ...

Nov 27, 2017 | In The Media

Two of Wall Street's biggest firms have a message for their brokers: Leave at your own risk. Morgan Stanley and the U.S. wealth-management arm of Swiss bank UBS Group AG have abandoned a pact with more than 1,600 signatories that limits litigation ...

Nov 17, 2017 | Blog

In a terse “Memo Endorsed” Order issued in Eiser Infrastructure Limited et al. v. Kingdom of Spain, No. 17-CV-3808 (LAK) (S.D.N.Y. Nov. 13, 2017), Judge Lewis A. Kaplan expressly followed the Second Circuit’s very recent decisions in Mobil ...

Nov 15, 2017 | Blog

Three (3) years ago, we addressed the continued attack by the Obama Board on employee handbooks (November 2014 Newsletter).  Seemingly logical, rational, and sensible company policies were repeatedly stricken down by the NLRB in its overly broad ...

Nov 14, 2017 | Blog

Corporate directors should carefully review the agreements with their companies and their insurance coverage. A recent California decision has significantly increased their exposure to shareholder litigation damages. On October 4, Judge Jon S. ...

Nov 2, 2017 | Blog

In a late October 2017 Summary Order with no precedential impact, a unanimous panel of the United States Court of Appeals for the Second Circuit, in Micula v. Gov’t of Romania, No. 15-3109 (2d Cir. October 23, 2017), (“Micula”), elucidated, ...

Oct 23, 2017 | Blog

Sellers of family owned businesses being purchased by private equity buyers find themselves subject to “quality of earnings studies.” These studies are detailed examinations of the components of the revenue that ultimately make up the EBITDA on ...

Oct 17, 2017 | Blog

In the absence of national cybersecurity legislation (except in healthcare), individual states are increasingly taking steps to protect the personal of state residents. These regulations may govern the information practices of your organization. If ...

Oct 17, 2017 | Blog

At the FINRA Board of Governors Meeting that took place in late September 2017, the Board authorized publication of a Regulatory Notice soliciting comment on proposed amendments to FINRA Rule 3110 (Supervision) to provide FINRA member broker-dealer ...

Oct 10, 2017 | Blog

The Bankruptcy Code contains a variety of what has been frequently referred to as “safe harbor provisions” that provide significant benefits to certain participants in the financial markets. Among these provisions is section 546(e) of the ...

Oct 4, 2017 | Blog

Electronic health record systems that have been designed to add services that were not actually rendered are increasingly the target of U.S. Department of Justice attention using advanced analytics. The former owner of Aggeus Healthcare, its CEO and ...

Sep 21, 2017 | Blog

Gone, in many respects, are the days of Reefer Madness and the “shame” associated with daring to even publically mention, much less discuss or, forbid, think of legally selling marijuana. While the sales of legalized marijuana are still well ...

Sep 20, 2017 | Blog

On July 6, 2017, in a case of which both employers and employees and should take note, Judge Jed S. Rakoff of the Southern District of New York, in the matter of In re. Document Technologies Litigation, 17-CV-2405, 17-CV-3433, 17-CV-3917, refused ...

Sep 19, 2017 | Blog

On August 9, 2017, the New York City Council adopted the Greater East Midtown rezoning by unanimous approval. The rezoning should spur new office space, more public spaces in certain instances, and improved public transit. The rezoning is aimed to ...

Sep 18, 2017 | Blog

The General Data Protection Regulation (GDPR), agreed upon by the European Parliament and Council in April 2016, will replace the Data Protection Directive 95/46/ec in Spring 2018 as the primary law regulating how companies protect EU citizens’ ...

Sep 14, 2017 | Blog

For more than thirty years prior to this summer, the procedures governing how the holder of a monetary award against a foreign sovereign issued in an arbitration before the International Centre for Settlement of Investment Disputes (“ICSID”) ...

Sep 13, 2017 | Blog

A recent article in The New York Times discussed the plight of older workers in today’s workforce.  As companies strive to effectuate economies, the labor force is often one line item hit the hardest.  In a union setting, layoffs are usually ...

Sep 7, 2017 | Blog

Following its investigation of the unincorporated organization known as The DAO, together with its co-founders and intermediaries, in July 2017 the Securities and Exchange Commission issued its report finding multiple violations of federal ...

Sep 5, 2017 | Blog

Health privacy took a blow, literally, when Nurse Alex Wubbels was arrested in Salt Lake City, Utah on July 26, 2017 for refusing to allow a police officer to draw blood from an unconscious patient.  She was not charged and was released shortly ...

Aug 31, 2017 | Blog

Phase One of the Department of Labor’s Fiduciary Rule took effect on June 9, 2017. In short, it requires both advisors and brokers to provide objective advice to their customers. This is a significant change to the standard for brokers — who ...

Aug 30, 2017 | Blog

Anthem, Inc. has set a record for the second time. The first was for the largest breach of medical information to date, affecting over 80 million subscribers. The second occurred on Friday August 25, 2017 when U.S. District Court Judge Lucy Koh ...

Aug 28, 2017 | Blog

Stories of privacy and confidentiality breaches abound like autumn leaves as summer transitions to fall. It’s enough to make a health plan move to paper for sensitive information. Really, what can go wrong with paper? A lot, Aetna learned ...

Aug 16, 2017 | Blog

Thomas Robins has been down and now he’s up again in his seminal privacy case. On August 15, 2017 U.S. Court of Appeals for the Ninth Circuit ruled again, on August 15, 2017, that his case may proceed, notwithstanding the U.S. Supreme Court ...

Aug 2, 2017 | Blog

Ironically, as cyber mediation and arbitration grow quickly, the risks of information entrusted to those neutrals and to the parties increase in lockstep. Mediation and arbitration agreements, then, should comprise standards for secure stewardship ...

Jul 31, 2017 | Blog

This will be the first in a series of posts looking at litigating, managing, trying and resolving Complex Litigation in today’s viral environment. Over the course of the coming weeks and months we will focus on this topic and offer insight into ...

Jul 17, 2017 | Attorney Article

Over 95 percent of all business information is in digital format, and that paradigm presents a host of potential dispute issues. Electronic information is just fundamentally different from paper information: There is more of it (how easy is it to ...

Jul 1, 2017 | Attorney Article

In industry, where a competitive edge is crucial and often achieved through economies of scale, one business stands out as contrary to this basic principle: the law firm. Generally speaking a law firm — the traditional provider of legal ...

Jun 30, 2017 | Attorney Article

The smiling red skull glowing from the computer monitor is a rather rude indication that your computer or information system has been attacked.Upon further investigation, you learn that a significant amount of personal, company and other protected ...

May 19, 2017 | Blog

Multiple media outlets have reported on the incidence and effects of the WannaCry malware, which locked down computers across the globe while demanding Bitcoin ransom to decrypt the information. Regulated industries such as financial services and ...

May 10, 2017 | Blog

The federal Circuit Courts of Appeals have not seen eye to eye on standing to bring data breach class actions. Into this jumble now leaps the Second Circuit in a decision that, in effect, splits the baby. On May 2, 2017 the U.S. Court of Appeals ...

Apr 20, 2017 | Blog

In what W.S. Gilbert may have called a most unusual paradox, the Wall Street Journal (subsc. may be required) reported on April 20, 2017 that security services consultancy Tanium had been using live, sensitive data of one of its customers, El ...

Apr 18, 2017 | Blog

Rumors of the demise of enforcement of HIPAA’s security and privacy rules are, with apologies to Mark Twain, apparently exaggerated. On April 12, 2017 The Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human ...

Mar 23, 2017 | Blog

New York businesses and citizens need digital vigilance now more than ever. Data breaches affecting New Yorkers increased by 60% in 2016, according to a report issued by the Office of New York Attorney General Eric Schneiderman on March 21, 2017. ...

Mar 20, 2017 | Attorney Article

It is nearly a decade since the “Great Recession” of 2008. As in most industries, the aftermath of the Great Recession has had a significant impact on the business of law, both for the consumers of legal services – in-house law departments– ...

Mar 6, 2017 | Attorney Article

The cyberattacks on the Democratic National Committee and the breaches at Yahoo have brought cybersecurity concerns into sharp focus, and law firm clients are taking a new look at how firms safeguard client information. Those who would attack law ...

Mar 1, 2017 | In The Media

A series of bitter court battles taking place in New York focus on the fraught issue of buyers defaulting on their art purchases. The cases centre on one art dealer, Anatole Shagalov, and his company Nature Morte (no connection to the Delhi ...

Feb 22, 2017 | Blog

Memorial Healthcare System of Florida has learned a very expensive lesson in a settlement of a HIPAA penalty proceeding: Policies for access to medical information alone are insufficient to meet HIPAA requirements. A Covered Entity must have ...

Feb 8, 2017 | Blog

In what may have been the first reported HIPAA penalty in which a hospital contested the allegations, the Office of Civil Rights (“OCR”) announced on February 1, 2017 that it had levied a Civil Monetary Penalty of $3.2 million against ...

Feb 6, 2017 | In The Media

Several recent enforcement actions by the Financial Industry Regulatory Authority, the main regulator for brokerage firms and exchange markets, show that another U.S. agency is taking a heightened interest in how well the companies it oversees ...

Feb 1, 2017 | Attorney Article

The Great Recession of 2007-2009 caused a precipitous drop in litigation, and legal spend for litigation dropped as well. That is about to change, as parties discouraged by lack of government protection against hackers turn to courts for redress in ...

Jan 24, 2017 | Blog

If you think encryption is expensive, going without it can raise costs exponentially. A HIPAA penalty proceeding based on lack of encryption and failure to hold security awareness training was settled for $2,204,182 as announced by The Office for ...

Jan 24, 2017 | Blog

To paraphrase Mark Twain, the rumors of the demise of data breach class actions have been greatly exaggerated, at least in the states within the U.S. Court of Appeals for the Third Circuit (New Jersey, Pennsylvania and Delaware).  The ...

Jan 13, 2017 | Blog

Texts are the grease that makes healthcare in 2017 run smoothly. Doctors in hospitals interact about patient care through text, far more often than by voice communication. They may have to ratchet back their texting, though, as the Joint Commission ...

Jan 5, 2017 | Blog

The New York State Department of Financial Services (DFS) published revised Cybersecurity Regulations on December 28, 2016 that have pushed back the effective date of the regulations to March 1, 2017. The core provisions of the regulations remain ...

Dec 19, 2016 | Blog

2017 is promising to be a year in which law firms that do not harden their information security safeguards may face dire consequences from regulators and even from other lawyers. On January 1, New York’s Department of Financial Services ...

Dec 8, 2016 | Blog

On December 6, 2016, the U.S. Supreme Court issued its decision in Salman v. United States, 580 U.S. ___ (2016), a ruling that makes obtaining insider trading convictions far easier for the government in cases where an insider provides trading tips ...

Nov 21, 2016 | Blog

The Financial Industry Regulatory Authority (FINRA) made a bold statement about its commitment to cybersecurity on November 14, 2016. It issued a Resolution Waiver and Consent (“RWC”) indicating a settlement of a proceeding against Lincoln ...

Nov 18, 2016 | Blog

In the rapidly-evolving world of privacy law, does the Federal Trade Commission (FTC) giveth while courts taketh away? The 11th Circuit Court of Appeals issued a stay of enforcement of the FTC’s Final Order regarding LabMD (now defunct,) on ...

Nov 16, 2016 | In The Media

IBDs: Keep your head — or some IT supervision — in the cloud. Independent broker-dealer Lincoln Financial Securities found out the hard way what happens when an OSJ’s cloud server vendor fails to protect customer information from hackers. As ...

Oct 25, 2016 | Blog

“If you share health information, it’s not enough to simply consider HIPAA. You must also make sure your statements are not deceptive under the FTC Act.” By issuing these statements in a press release on October 21, 2016 a partnership of ...

Oct 21, 2016 | Blog

In an article appearing in The New York Times last week, it was reported that the NY State Department of Labor ruled that two (2) former drivers for Uber are eligible for unemployment compensation benefits.  In so doing, the DOL found that the ...

Oct 7, 2016 | Blog

The New York Division of Financial Services (NYDFS) issued the most comprehensive cybersecurity regulations in the nation on September 13, 2016. A 45-day comment period commenced on September 28 when the regulations were published in the New York ...

Oct 1, 2016 | Attorney Article

In an age in which digital information is one of a company’s most valuable assets, a growing share of due diligence time and effort is being devoted to compliance with laws and regulations governing the privacy and security of such assets. All ...

Sep 26, 2016 | Blog

Who has the obligation to assure that a HIPAA Business Associate Agreement (“BAA”) has been executed and updated as necessary? The Office of Civil Rights of the U.S. Department of Health and Services (“OCR”) recently clarified this issue, or ...

Sep 23, 2016 | Blog

What did Verizon, the purchaser of Yahoo for $4.8 billion in 2016, know about the 2014 breach of Five Hundred Million Yahoo subscribers? What should, or could it have known? The breach undoubtedly affects the valuation of Yahoo. Should the breach ...

Aug 30, 2016 | Blog

Last week, we wrote about the FTC’s splash into the healthcare breach waters. Now, ESPN wades in by learning from a U.S. District Court in Florida on August 25, 2016 that one needn’t be a healthcare provider or health plan to be stung by ...

Aug 25, 2016 | Blog

Instead of expediting and lowering costs of litigation, AIA post-grant proceedings give most litigants two bites of the apple as PTAB rulings on claim construction and invalidity are not binding in federal court. The new post grant review ...

Aug 23, 2016 | Blog

The Federal Trade Commission (FTC) held in its recent decision in LabMD that lax security practices are unreasonable trade practices, and that electronic medical information is so sensitive that substantial harm to consumers will be presumed by ...

Aug 8, 2016 | Blog

The largest HIPAA penalty to date, $5.5 million, was announced by the Office of Civil Rights (OCR) on August 4, 2016. A breach by a consultant Business Associate due to a cyber attack, and the lack of a Business Agreement with that entity, figured ...

Aug 1, 2016 | Attorney Article

How much does a divorce cost? is one of the first questions we often hear when a woman makes contact with us, while “how long will a divorce take?” is a close second. We wish there were a menu to refer you to, so you could evaluate your choices ...

Jul 14, 2016 | Blog

Microsoft resisted a U.S. government warrant for emails stored on a server in Dublin, Ireland. A Magistrate and a District Court Judge ordered Microsoft to comply. Microsoft refused, and was held in contempt. The U.S. Court of Appeals for the Second ...

Jul 13, 2016 | Blog

Seven months after the invalidation of the EU-US Safe Harbor program left multinational businesses in a data transfer quandary, the European Commission (EC) approved its replacement, the EU-US Privacy Shield, on July 12, 2016.  Caution and some ...

Jul 5, 2016 | Blog

The Office of Civil Rights (“OCR”) of the U.S. Department of Health and Human Services had advised for some time that it intended to focus on HIPAA Business Associates. The $650,000 penalty and two-year Corrective Action Plan  settled ...

Jun 27, 2016 | Blog

Business in 2016 depends upon a free flow of digital information, and many US entities set up UK businesses for that stream of data between the EU and the UK. Has Brexit raised a large speedbump or pothole in that information highway and, if so, ...

Jun 8, 2016 | Blog

The opening sentence of the Press Release by the Federal Trade Commission (FTC) on its proposed settlement with one of the biggest electronic medical record (EMR) providers, Practice Fusion, Inc., was designed to grab the attention of the EMR and ...

Jun 1, 2016 | Attorney Article

Risk is a primary cause of loss of sleep for directors. In 2016, cyber security is at, or near the top, of the list for corporate risk. But cyber breaches also raise the potential for personal exposure to directors. In the wake of the plethora of ...

May 18, 2016 | Blog

Contrary to dire predictions, the privacy house is still standing following the U.S. Supreme Court’s long-awaited decision in Spokeo v. Robins on May 16, 2016. The Court ruled that a litigant must articulate a “concrete injury” in his or her ...

May 13, 2016 | In The Media

Although they can't compete with large firms over the menu of services they might offer, boutique law firms can edge out bigger rivals for legal work through flexibility, personal involvement with clients and a laserlike focus on select practice ...

May 12, 2016 | Blog

The recently released Office for Civil Rights protocols for the next round of HIPAA audits appears to be informed by the confluence of two threats to health information: electronic Protected Health Information (ePHI) accessed or hosted by Business ...

May 3, 2016 | In The Media

U.S. law firms operating in the U.K. are sizing up new opportunities should Britons vote to exit the European Union, a historic step that could shake the country's regulatory framework to its roots. A vote to leave the EU in the country’s June 23 ...

Apr 26, 2016 | Blog

“You can’t buy this kind of publicity,” said Myrna Manners, New York Presbyterian Hospital’s Vice-President for Public Affairs, when the ABC series “NY Med” was first broadcast in 2012. As it turns out, it is that “this kind of ...

Apr 19, 2016 | Blog

The largest federal health privacy audit initiative since HIPAA took effect is now in progress, and at least 200 organizations should expect an audit questionnaire or an on-site visit from the Office of Civil Rights (OCR) of the U.S. Department of ...

Apr 1, 2016 | Attorney Article

The customer paradigm for financial services firms through the beginning of this century was: “How’s my money doing?” But now, in a development never remotely contemplated by business schools, investors large and small have an equivalent ...

Mar 30, 2016 | Blog

Is it ethical to assess prospective jurors on the basis of their social media posts? In compliance with the lawyers’ duty of competent representation in the digital age, is it ethical not to do so? A judge in the Northern District of California ...

Mar 28, 2016 | Blog

On March 28, 2016, the U.S. District Court for the District of Massachusetts held that multiple private equity funds (Sun Capital Partners III [“Sun III”] and Sun Capital Partners IV [“Sun IV”]) managed by Sun Capital were engaged in a ...

Mar 28, 2016 | Blog

HIPAA Phase 2 Audits have begun with a focus on policies and procedures. This means current and relevant policies and procedures. Those entities that have not updated their protocols since issuance of the Omnibus Final Rule or as a result of ...

Mar 21, 2016 | Blog

Apple’s lawyers have, in their final brief to the U.S. District Court of the Central District of California, described any effort to force engineers to create a weakness in iPhone security as “conscription.” The term conjures images of the ...

Mar 9, 2016 | In The Media

Among the many questions swirling around the challenge to U.S. Magistrate Judge Sheri Pym's Order that Apple create software to bypass the iPhone passcode screen, a matter of paramount public interest may have been overlooked...READ MORE

Mar 7, 2016 | Blog

At least two levels of approval within the European Union are required for adoption of the Draft Framework Principles for the EU-US Privacy Shield, the program proposed to replace the EU-U.S. Safe Harbor mechanism for transferring personal data ...

Mar 1, 2016 | In The Media

“Mr. Bob Jones? Your colonoscopy will take place in 15 minutes.” If a patient hears this statement said loudly in a crowded waiting room and knows his neighbor or co-worker just heard it too, he’ll likely be embarrassed. He also might report ...

Mar 1, 2016 | In The Media

Our firm is the ‘go-to’ law firm for sophisticated consumers of legal services who demand high quality, responsive attorneys who they can rely upon and trust to represent their interests in an efficient, effective and business-like manner. We ...

Feb 29, 2016 | Blog

On the very last day of February, the European Commission (EC) released the text of the successor to the EU-U.S. Safe Harbor Program, the EU-U.S. Safe Harbor Shield. The text is in the form of an “Adequacy Decision,” indicating that, in the view ...

Feb 29, 2016 | Blog

In a decision that may spawn lawsuits like salmon in the spring, U.S. District Court Judge Lucy Koh (Northern District of California) rules that claims of New York and California plaintiffs in the Anthem, Inc. health data breach may proceed under ...

Feb 19, 2016 | Blog

The recent Ransomware attack on Hollywood Presbyterian Medical Center virtually shut down the hospital. By forcing MRI, CT scan, electronic medical records and some laboratory work off line, this attack highlights how cybersecurity vigilance is ...

Feb 17, 2016 | Blog

Justice Oliver Wendell Holmes famously said, “Hard cases make bad law.” We may see that maxim play out in the next few weeks. On Tuesday February 16, United States Magistrate Judge Sheri Pym (Central District of California) granted the ...

Feb 4, 2016 | In The Media

To meet the more stringent requirements laid out in the EU-U.S. Privacy Shield pact inked Tuesday, organizations are going to have to up their data protection game and Congress must accelerate passage of the Judicial Redress Act, a Federal Trade ...

Feb 2, 2016 | Blog

European Union and U.S. Department of Commerce officials announced a political agreement to replace the invalidated EU-U.S. Safe Harbor program with the “EU-U.S. Privacy Shield” on February 2, 2016. It is, at this time, only a “political ...

Feb 1, 2016 | Attorney Article

Corporations that uncover evidence of foreign bribery are left in a quandary. The legal landscape is such that the decision to voluntarily disclose Foreign Corrupt Practices Act violations must be carefully vetted. What type of voluntary disclosure ...

Jan 21, 2016 | Blog

In draft guidelines scheduled to be issued on January 22, 2016 the Food and Drug Administration has served notice that it will focus increasing attention on the patient safety risks associated with Internet connected medical devices, and will ...

Jan 19, 2016 | Blog

Claims handling in cyber risk matters may be more time-sensitive than other lines of insurance and delays can be subject to heightened judicial scrutiny. Dilatory claims handling may, at least in Utah, give rise to bad faith allegations even after a ...

Jan 11, 2016 | Blog

Volkswagen executives confronting the various investigations and lawsuits from its admitted rigging of emissions control may, in the past week, turn to Sir Walter Scott for advice often attributed (erroneously) to Shakespeare: “Oh, what a tangled ...

Jan 11, 2016 | Blog

Up until recently, the opportunity to invest in startups has been limited primarily to professional investors, venture capital firms and banks. This is because under securities regulations, companies are generally limited to accepting investment ...

Dec 21, 2015 | Attorney Article

Unions! You either have one (or more!) or you don’t. If a union currently represents some or all of your employees or you don’t care if a union comes into your business, then read no further. This article is not for you! However, if you are ...

Dec 4, 2015 | Blog

The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services has served notice that it will scrutinize health insurers’ compliance with health information privacy and security safeguard requirements to the same extent or ...

Nov 25, 2015 | In The Media

Georgia is scrambling to review its IT policies as it faces a class action lawsuit over the mistaken release of voters’ personal information. On Nov. 20, Secretary of State Brian Kemp laid out a series of steps that the state is taking in the wake ...

Nov 16, 2015 | Blog

Certain Republican presidential candidates, in their most recent debate, stated their intention to go to “cyberwar” with China. The New York Department of Financial Services (“NYDFS”), while more modest in its scope, announced on November 9, ...

Nov 10, 2015 | Blog

A recent memorandum from Sally Quillian Yates, Deputy Attorney General and the second most senior official at the Department of Justice (“DOJ”), endeavors to alter DOJ policy by focusing on the need to hold individual wrongdoers liable for ...

Nov 9, 2015 | Blog

The Federal Communications Commission (FCC) has begun to make good in its intention to join other federal agencies such as the Securities and Exchange Commission and the Federal Trade Commission in enforcing cybersecurity safeguard requirements. On ...

Nov 6, 2015 | Attorney Article

The Court of Justice of the European Union ruled Oct. 6 that the U.S.–EU “safe harbor program,” under which multinational organizations transferred digital information from the European Union to the United States, is invalid. Previously, ...

Oct 28, 2015 | Blog

EU Commissioner Vera Jourova is adept at finding silver linings in clouds, but she may, in fact, have a good sense of political reality when it comes to the now-invalidated Safe Harbor Program (our recent blog post on the Schrems ...

Oct 23, 2015 | In The Media

Barton LLP has snagged two Mishcon de Reya LLP complex commercial financial litigation partners, including Mishcon's former New York office managing partner, the firm announced Friday. Former Mishcon managing partner and ex-federal prosecutor James ...

Oct 22, 2015 | In The Media

As middle-market mergers surge, deal makers are increasingly turning to insurance policies for protection from risks including a seller's misrepresentation of its financial status or a failure to disclose pending litigation. Here, attorneys discuss ...

Oct 11, 2015 | In The Media

U.S. law enforcement agencies could have a tougher time operating in the European Union after a bombshell court ruling struck down a key data transfer agreement between the two governments. “The restraints that exist now are going to make it much ...

Oct 7, 2015 | Blog

A gaggle of articles and blog posts in the past 24 hours have the cyber-sky falling and falling fast. They imply that all data in the U.S. under the Safe Harbor program is at immediate risk, or that all transfers of personal information from ...

Oct 2, 2015 | Blog

The September 23, 2015 opinion from the European Commission (“EC”) Advocat General concerning the U.S. – EU Safe Harbor program, has led some in the media to predict that “European operations of Facebook and Google could be stopped in ...

Sep 20, 2015 | Blog

The Securities and Exchange Commission (SEC) is commencing a new round of cybersecurity examinations of investment advisers, investment companies and broker-dealers. The agency’s Office of Compliance and Inspections (OCIE) issued a Risk Alert and ...

Sep 11, 2015 | Blog

Oral arguments were heard by the U.S. Court of Appeals Second Circuit on September 9, 2015, and the positions could not have been more starkly opposed. “This case is about sovereignty,” argued Microsoft in an appeal after the finding of contempt ...

Sep 8, 2015 | Blog

Last Thursday, the National Labor Relations Board (“NLRB”) issued its decision in Browning-Ferris Industries of California, which for many employers will have rather dramatic consequences.  Browning-Ferris involved a subcontractor, Leadpoint ...

Aug 31, 2015 | Blog

Adobe recently announced that beginning in November, new mothers will be eligible for a maximum of 26 weeks paid medical and parental leave (“maternity leave”), and fathers will be eligible for 16 weeks of paid parental leave. This follows the ...

Aug 27, 2015 | Blog

Just as it appeared all hope was lost for federal action in the facing the onslaught of data breaches, the F.T.C. has lately ridden in like the cavalry. On August 24, 2015, the Third Circuit Court of Appeals held that this role was within its ...

Aug 11, 2015 | Blog

Is a warrant required for law enforcement to obtain location data, which indicates where the user has been, from a cell phone? The Fourth Circuit Court of Appeals and the U.S. District Court for the Northern District of California recently ruled ...

Aug 1, 2015 | In The Media

Reps and warranties insurance may be more popular than ever, but these policies take time and skill to acquire, with lingering questions as to how much will be paid on any claim. According to a recent joint report from the law firm Dechert and the ...

Aug 1, 2015 | Attorney Article

Cybersecurity has spawned many cottage industries, such as security firms and "white-hat" hackers to test system vulnerabilities and now it may reinvigorate the litigation industry, which has been somwhat moribund since the Great Recession. Myriad ...

Jul 30, 2015 | Blog

If the words  “asbestos,” “silicone breast implants,” “Vioxx®,” and, for old-time litigators, “Ford Pinto®,” make you misty with nostalgia for the old days of mass litigation, take heart: The Internet of Things may just bring back ...

Jul 27, 2015 | Blog

Litigation has become truly global, bringing the U.S. into eve r-closer contact with the rest of the world. Two recent decisions highlight this reality, considering requests for U.S.-style discovery to find evidence for a matter brought in the ...

Jul 26, 2015 | Blog

Lawyers pick apart words and phrases for a living. But it may be harder to attack the Affordable Care Act (also known as “Obamacare”) in this way after the Supreme Court’s decision affirming tax subsidies under the Act’s federal exchanges ...

Jul 17, 2015 | Blog

Last week the Second Circuit reversed and remanded a decision by the District Court where the lower court had found that former unpaid interns for Fox Searchlight (“Fox”) were actually employees while they worked on the film Black Swan. The ...

Jul 14, 2015 | In The Media

Law360 featured Barton as one of “10 boutiques that have established brands on par with the biggest of firms” who are “capable of competing with – and beating – the best big firms at the highest level.” The article cites a growing trend ...

Jul 8, 2015 | Blog

President Obama recently announced a change of rules governing overtime pay eligibility. The new rule, which will affect roughly 5 million Americans, proposes to raise the salary threshold for overtime eligibility. Currently, under the Fair Labor ...

Jun 26, 2015 | Blog

Electronic evidence is a subject that even in 2015 is rarely covered in Law School Evidence classes. Perhaps those curricula should be revised in light of a recent 9th Circuit opinion holding that a Google Earth “tack” is not inadmissible as ...

Jun 19, 2015 | Blog

In an article that Philip Mortensen wrote earlier this month for The Connector magazine (pages 34-35), he urged that it is imperative that employers review their worker classifications before state and federal agencies come knocking down doors or ...

Jun 17, 2015 | Blog

A new risk in connected medical devices has arisen in a recent report concerning cyber attacks on two hospitals. That risk is that cyber weaknesses in the devices may provide gateways for malware to enter the networks of the hospitals in which those ...

May 28, 2015 | Blog

It’s a maxim of insurance litigation: As day follows night, coverage litigation must follow expansion of coverage, as we had discussed in this space recently. One carrier has now sought a declaratory judgment based on the insured’s allegedly ...

May 19, 2015 | Blog

In one of the first published decisions on the scope of cyber risk coverage, Utah has cast doubt on whether coverage pursuant to standard “wrongful act” definitions in cyber policies provides coverage for damages stemming from cyber attacks, ...

May 14, 2015 | Blog

Genomics sequencing is the next big thing in big data. As part of Precision Medicine, sequencing can lead to highly individualized treatment that can save lives. But to fully realize its potential, sequencing from millions of patients must be ...

May 13, 2015 | Blog

The SEC recently approved offerings of securities to non-accredited investors via a new regulation called Regulation A+ (“Reg. A+”). Under Reg A+, companies can offer up to $50M a year in sales of securities to non-accredited investors, ...

May 8, 2015 | In The Media

Another financial crisis is inevitable, the only question is what will ignite it. Will it be what Jeffrey Gundlach, the founder of the $75 billion fixed-income hedge fund DoubleLine Capital, worried about this week at the Sohn Investment Conference, ...

May 7, 2015 | Attorney Article

Each week brings new tales of woe to C-suite personnel and general counsel who are responsible for the safekeeping of the most valuable organizational asset: information. In addition to their acute-onset migraine headaches from cyberattacks and ...

May 1, 2015 | Attorney Article

In recent years, representation and warranty insurance has gained popularity as a tool to decrease transaction liability exposure in mergers and acquisitions. These policies can be particularly useful in the context of cross-border transactions, for ...

May 1, 2015 | Attorney Article

CPAs rely upon various forms of technology to accumulate data related to the work at hand, be it an independent audit or a tax return. While this data is needed to execute professional services, its very retention represents a potential security ...

Apr 22, 2015 | Blog

The Financial Industry Regulatory Authority (“FINRA”) is continuing its backdoor attempts to regulate anything and everything related directly or indirectly to securities. Its latest attempt is via its surrogate, the Securities and Exchange ...

Apr 20, 2015 | Blog

Venture capital firm Andreessen Horowitz is putting its money where the need to protect its technology company investments lies, in regulatory due diligence for privacy and cybersecurity compliance. On April 16, the firm announced that it has ...

Apr 17, 2015 | Blog

What information does the term “medical record” comprise and what are the privacy and security safeguards of devices that create, store and send it? How is that information safeguarded?  These are question to which regulators in the U.S. and ...

Apr 3, 2015 | Blog

The New York Division of Financial Services (“NYDFS”) Superintendent  Benjamin Lawsky, making good on warnings issued in October and December, 2014, sent a cybersecurity audit letter to one hundred and sixty insurance companies on March 26, ...

Apr 1, 2015 | Attorney Article

In the landmark Markman case (characterized by some as infamous), the Supreme Court affirmed a Federal Circuit opinion holding that patent claim construction is a matter of law to be decided by a court rather than by a jury. However, recently the ...

Apr 1, 2015 | Attorney Article

Fines under the Health Insurance Portability and Accountability Act (HIPAA) are formulaic, with little room for discretion, so a small medical office can suffer similar consequences as a large hospital if a breach has occurred. Thus, the degree of ...

Mar 31, 2015 | In The Media

With the rapid increase of Chinese investments to the U.S., companies need to be focused not only on complying with U.S. laws and regulations, but making sure they are taking the right steps with Chinese authorities. Along with understanding and ...

Mar 26, 2015 | Blog

As you may have read in our November 2014 newsletter, the National Labor Relations Board (“NLRB”) is persistent in reviewing and striking down employee handbook policies that have potential to or are in violation of the National Labor Relations ...

Mar 19, 2015 | Attorney Article

The Federal Trade Commission has recently indicated, in word and deed, that it intends to take an increased role in privacy protection through its Section 5 jurisdiction with regard to unfair or deceptive practices concerning consumers’ privacy. ...

Mar 18, 2015 | Blog

“I read the news today, oh boy.” John Lennon and Paul McCartney could not have imagined how their iconic lyric from their song “A Day in the Life” would resonate in the healthcare security field after the Premera  Blue Cross data breach ...

Mar 12, 2015 | Blog

Much of the media coverage of the revelation that former Secretary of State Hillary Clinton maintained an email account on a server in her home has focused on deletion of messages Secretary Clinton considered “personal.” But there is another, ...

Mar 5, 2015 | Blog

New York Attorney General Eric Schneiderman has proposed the Financial Frauds Whistleblower Act, which would both protect and reward employees who voluntarily report information about illegal activity in the banking, insurance, and financial ...

Mar 3, 2015 | Blog

Call it cyber-self-defense or digital jiu-jitsu, but more and more organizations are taking matters into their own hands to combat cyber-attackers. Some utilize “white hat” hackers to “hack back” the network that attacked in order to ...

Feb 27, 2015 | Blog

A federal district court in Texas granted a preliminary injunction temporarily blocking the implementation of DAPA and the expansion of DACA in a lawsuit brought by 26 states. (State of Texas, et al v. U.S.A, 2/16/15) The American Immigration ...

Feb 26, 2015 | Blog

As described by the New York Times, hackers are in a “race to the bare metal” – to infect computing hardware itself – and two recent developments represent shocking advances in that field: the discovery of the Superfish adware program ...

Feb 24, 2015 | Blog

Digital reality has, at long last, prevailed over the traditional taciturn nature of law firms with regard to their safeguards for client and firm information. In the wake of several law firm breaches in the past year, there is growing pressure from ...

Feb 13, 2015 | Blog

Organizations may have yet to find a reliable way to prevent an attack on their information systems that leads to a breach of internal and customer information, but they are increasingly turning to the insurance industry to provide a “safety ...

Feb 6, 2015 | Blog

No health insurance plan is too big to be hacked.  Anthem, Inc. (formerly Wellpoint) the parent organization of Blue Cross and Blue Shield plans of a number of states including New York, announced on February 4 that hackers had stolen the ...

Jan 30, 2015 | Attorney Article

Imagine this: You were married for the first time at age 42, after embarking on a successful career and amassing assets approaching $5 million, the majority of which you kept in bank and brokerage accounts in your sole name. During the marriage, you ...

Jan 29, 2015 | Blog

Sometimes Europe follows the lead of the U.S. but, in matters of privacy and cybersecurity, it’s usually the other way around. Following pronouncements during the summer by Federal trade Commission Chairwoman (“FTC”) Edith Ramirez on security ...

Jan 29, 2015 | Blog

The E-2 visa is particularly useful for business owners and managers who need to remain in the U.S. for extended periods of time in furtherance of the investment. The E status has the potential of indefinite renewals as long as the business is real, ...

Jan 28, 2015 | Blog

This month in United States immigration news, the Obama Administration is forging ahead with its plans for administrative reforms to the U.S. immigration system, despite the passage of a Homeland Security spending bill that contains provisions to ...

Jan 28, 2015 | Blog

“Investor Protection. Market Integrity.” is the mantra of the Financial Industry Regulatory Authority (“FINRA”), a self-regulatory agency for its members, namely securities broker-dealers and their registered representatives. Nowhere, ...

Jan 15, 2015 | Blog

The recent spate of cyber attacks and data breaches has spurred a flurry of activity at the state and federal levels.  New York Attorney General Eric Schneiderman announced on January 14, 2015 that his office will introduce a bill that, should it ...

Jan 9, 2015 | Blog

On December 29th, 2014 Governor Andrew Cuomo signed a bill amending the New York Wage Theft Prevention Act (“the Act”) which went into effect on January 1, 2012. The Act was designed to prevent employers from failing to pay appropriate employee ...

Jan 8, 2015 | Blog

Starting July 1, 2015, FINRA-member firms will have to conduct more rigorous background checks for new hires in compliance with FINRA Rule 3110 that will come into effect on that date. This comes after a recent Wall Street Journal discovery that ...