Adler Emanuel J Lwyr

405 Lexington Ave

New York, NY 10174 - New York County

(212) 885-5000


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Content Published
Third-Party Releases

Blank Rome Partner Ira L. Herman will speak at the upcoming American Bankruptcy Institute (“ABI”) 20th Annual New York City Bankruptcy Conference, being held Thursday, May 24, 2018, from 7:30 a.m. to 7:00 p.m. in New York, NY.
Ira will moderate the “Third-Party Releases” panel, which will take place from 10:15 to 11:30 a.m. and from 11:45 a.m. to 1:00 p.m. The panel will discuss jurisdictional issues with third-party releases, as well as recent cases (Millennium Health, Gawker, SunEdison).

ADA Website Accessibility Lawsuits on the Rise: Companies Should Review Their Potential Exposure

With the recent spike in website accessibility lawsuits, companies should review their websites for compliance with the Americans with Disabilities...

Will GAO's Decision to Charge $350 per Filing Stop Frivolous Protests?

Media Coverage
Call it the “Latvian Connection effect” or blame it on Congress, but either way filing a bid protest with the Government Accountability Office is no longer going to be free starting in 2018
David Yang, a partner with Blank Rome in Washington, D.C., said contractors already spend a lot of time paying attorneys and paralegals to file documents and find information connected to a bid protest, so having all the information related to a complaint in one place would be…

s Right to Veto a FERC-Approved Interstate Pipeline Project

Frederick M. Lowther On August 18, 2017, the U.S. Court of Appeals for the Second Circuit issued a long-awaited decision in Constitution Pipeline Company LLC v. New York State Department of Environ…

Eleventh Circuit Clarifies Meaning of Consummation of Transaction in Dismissing Borrowers

By: Anthony Yanez In Woide v. Federal Nat’l Mortg. Ass’n, the United States Court of Appeals for the Eleventh Circuit held that consummation of a contract for purposes of asserting a right of resci…

FERC Gets Quorum and New Acting Chairman

Joseph McMonigle First business meeting set for September 20. NEXUS Natural Gas Pipeline leads the list of backlog of projects awaiting approvals. New FERC Commissioner Robert Powelson, formerly of…

NDAA Section 811: New Waiver Authority

Scott Arnold The Senate’s markup of the 2018 National Defense Authorization Act (“NDAA”) adds new language to 10 U.S.C. § 2304 that would give the Secretary of Defense authority to waive provisions…

ASBCA Grants $253 Million Northrop Post-Retirement Benefits Claim

David Yang Pension and other post-retirement benefit expenses have long constituted a substantial obligation on the part of contractors under cost-type contracts and are often the subject to disput…

Single Racial Slur May Be Sufficient to Establish Workplace Harassment

Labor and Employment
Action Item: The Third Circuit Court of Appeals recently held that a single isolated use of a racial slur may be sufficient to establish unlawful workplace harassment
Background and Analysis
On July 14, 2017, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled that a single racial slur may be sufficient to state a claim for unlawful workplace…

Maersk Cyber Attack Sharpens Regulatory Focus

Media Coverage
The maritime industry is bracing for a potential new cyber security regulatory regime as shipowners, shipyards, and terminal operators reassess their vulnerability to an attack such as the one that crippled the world’s biggest container ship operator
As of 6 July, operations at Maersk were running “close to normal” after an outside virus infiltrated the Copenhagen-based company’s information technology (IT) systems on 27 June…

Risk, Rules and Rewards: Drone Technology in Energy and Maritime Sectors

2017 Houston Marine Insurance Seminar
Houston, TX
Blank Rome Partner Douglas J. Shoemaker will moderate a panel at the 2017 Houston Marine Insurance Seminar taking place September 17–19, 2017, in Houston, TX. Associate Sean T. Pribyl will be a speaker on the panel
Mr. Shoemaker and Mr. Pribyls’ panel, “Risk, Rules and Rewards: Drone Technology in Energy and Maritime Sectors,” will be on Monday, September…

Recent Developments in Maritime Cyber Risk Management

United States Coast Guard Sector NY AMSC Cybersecurity Workshop
Brooklyn, NY
Blank Rome Associate Kate B. Belmont will be the keynote speaker at the United States Coast Guard Sector NY AMSC Cybersecurity Workshop on August 16, 2017, in Brooklyn, NY
Ms. Belmont will speak at 9:00 a.m. and will focus on “Recent Developments in Maritime Cyber Risk Management—A Legal Perspective.”
This cybersecurity workshop is organized…

ZECs and RECs: A Quick Look at the EPSA v. Star Decision on Nuclear Plant Subsidies

Frederick M. Lowther On July 14, 2017, Federal District Judge Shah (N.D. Ill.), in EPSA v. Star, 1:17-cv-01164, dismissed the complaints of electricity consumers and an array of electric power gene…

Blank Rome Gets New CIO From Faegre Baker Daniels

Blank Rome has brought on a new chief information officer who hails from Minneapolis-based Faegre Baker Daniels.

Autonomous Vessels: Not So Remote

July 18, 2017
Marine Log
Once thought to be a mere concept on the distant horizon, Unmanned Surface Vessels (USVs) are garnering increasing attention in the maritime industry as a means to cut costs, increase efficiency, and enhance safety. While some view USVs as more akin to futuristic science fiction, in reality, unmanned vessels are far from a novel concept—Nikola Tesla envisioned maritime drones in his…

DraftKings, FanDuel Can Focus on DFS Legalization Post-Deal

Media Coverage
Daily fantasy operators DraftKings and FanDuel last week backed out of a planned merger amid a potential antitrust challenge, a move experts called smart as it will allow the companies to focus on one of their main goals: promoting the expansion of legalized daily fantasy contests
"The fight with the FTC would be a very different legal fight than what they have been taking on since November 2015, which really has been the existential battle over whether they are or…

New York Employers: Get Ready for Mandatory Paid Family Leave

Labor and Employment
Action Item: The New York State Workers’ Compensation Board recently published updated regulations to the New York Paid Family Leave Law. Effective January 1, 2018, employers that provide Disability Benefits Law coverage to New York-based employees will also be required to provide Paid Family Leave coverage
The New York State Paid Family Leave Program (“PFL”) will provide employees working in New York job-protected…

Blank Rome Welcomes New Chief Information Officer

Press Release
Blank Rome LLP is pleased to announce that Andrea J. Markstrom has joined the Firm as Chief Information Officer. Ms. Markstrom comes to Blank Rome from Faegre Baker Daniels LLP where she led the technology infrastructure and support operation for the firm. She is based in the New York office
“We are delighted to welcome Andrea to Blank Rome,” said Alan J. Hoffman…

ERA Revisited: Solutions for Navigating an Uncertain Legal Landscape

The Legal Intelligencer
On June 20, the Pennsylvania Supreme Court issued its opinion in Pennsylvania Environmental Defense Foundation (PEDF) v. Commonwealth, 2017 Pa. LEXIS 1393 (Pa. June 20), in connection with the so-called Environmental Rights Amendment or ERA (Article 1, Section 27 of the Pennsylvania Constitution). Suffice it to say, the opinion has reopened the debate as to the meaning of the ERA, and more importantly…

2017 Roundtable Discussion on Diversity Issues

Media Coverage
Blank Rome Partner Sophia Lee , who is a member of the Firm’s Diversity Committee , served as a panelist for The Legal Intelligencer’s 2017 Roundtable Discussion on Diversity Issues, a biannual discussion that attempts to propose concrete solutions for issues that the legal profession faces in recruiting, hiring, and retaining minority attorneys
The roundtable kicked off with a commentary from the moderator that…

Plastics in the Ocean: The Environmental Plague of Our Time

Roger Williams University Law Review
As the esteemed American comic strip character Pogo once said, “We have met the enemy and he is us." This is how the authors of this Article feel about marine debris, especially plastics that end up in the ocean. Who do we have to blame? What can be done to address this problem? Are our laws up to the task? What else needs to be done? Whether the plastics come from land-based or ship-based garbage, we need not…

Big Apple Salary Inquiry Ban a New Obstacle for Employers

Media Coverage
State and local bans on employers asking about job applicants’ salary history, like one that takes effect in New York City in October, can have unintended consequences, presenting new challenges for employers, attorneys assert
Another headache for New York City employers is that the law doesn’t define what an employer is, so one must assume it applies to all employers, no matter how…

Blank Rome LLP

California Law Monthly (Vol. 2017, Issue No. 7)
Blank Rome Partners Stacy Phillips and Kevin Martin, as well as Associate Erica Swensson, provide two separate commentaries in the July 2017 issue of California Law Monthly
Court Rules that Provision in Stipulated Judgment Awarding Wife Percentage of Husband’s ‘‘Annual Bonus’’ Applied Only to Performance-Based Discretionary Payments
Click here to read the commentary provided by Stacy D. Phillips…

High Court Eliminates Joint and Several Liability among Co-Conspirators

The Legal Intelligencer
On June 5, the U.S. Supreme Court handed down a decision that will impact sentencing in virtually every criminal case that involves multiple defendants (or multiple conspirators) and the imposition of an order of forfeiture. The decision will likely present opportunities for defendants who have already been sentenced to revisit the forfeiture judgments entered against them. The case, Honeycutt v. United States, examined…

Gov't Contracts Cases to Watch in 2017: Midyear Report

Media Coverage
Several upcoming decisions that may provide more clarity on important False Claims Act issues, a complex dispute over a lucrative Education Department debt collection deal, and a high court challenge to a long-running small business contracting program are among the government contracts-related cases attorneys will be watching in 2017’s second half
What Is the Validity of Statistical Sampling in FCA Cases
“The court’s…

Regulatory Update and Recent SEC Enforcement Actions

Department of Labor (“DOL”) Fiduciary Rule Partially Goes into Effect
On June 9, 2017, after a near two month delay, the DOL’s controversial Fiduciary Rule (“the Rule”) became partially effective. The Rule expands the definition of what constitutes a fiduciary in the context of providing recommendations, advice, or marketing to retirement investors for a fee or other compensation (both direct and indirect). As a fiduciary, the…

Maritime Law Roundup

Blank Rome Partner Jeremy Herschaft will speak at the Admiralty and Maritime Law Committee of the American Bar Association Tort Trial and Insurance Practice Section’s “Maritime Law Roundup” on Thursday, August 3, 2017, in Houston, TX. The program will run from 4:00 to 6:00 p.m. and a reception will follow
This event will address hot topics in the Houston maritime legal market and Mr. Herschaft’s…

Pennsylvania Supreme Court Rules That Constitution Prohibits School Districts from Engaging in...

July 2017 (No. 1)
Real Estate
Action Item: This alert examines the recent Pennsylvania Supreme Court decision in Valley Forge Towers Apartments v. Upper Merion School District, which held that a school district may not selectively appeal the assessments of certain properties in order to enhance tax revenue
On July 5, 2017, the Pennsylvania Supreme Court issued what will no doubt be regarded as a landmark…

Blank Rome Secures Precedential Opinion on Personal Jurisdiction in Dutch Run-Mays Draft V. Wolf...

A Blank Rome appellate litigation team successfully represented WolfBlock LLP in securing a precedential opinion on personal jurisdiction in the New Jersey Appellate Division in Dutch Run-Mays Draft V. Wolf Block, in July 2017
In 2004, Dutch Run retained a partner with the Pennsylvania law firm WolfBlock LLP, in connection with Dutch Run’s acquisition of 5,000 acres of property in West Virginia. In March 2009, WolfBlock’s…

Essential Skills Series: The Art of the Winning Deposition

25th ABA Section of Environment, Energy, and Resources (“SEER”) Annual Fall Conference
Baltimore, MD
Blank Rome Partner Kevin Bruno will speak at the 25th ABA Section of Environment, Energy, and Resources (“SEER”) Annual Fall Conference, a four-day event being held October 18 to 21, 2017, in Baltimore, MD
Mr. Bruno’s panel, “Essential Skills Series: The Art of the Winning Deposition,” will be on Friday, October…

U.S. Coast Guard National Vessel Documentation Center Issues Rebuild Determination with Newly...

July 2017 (No. 2)
Action Item: A recently published Rebuild Determination Letter issued by the National Vessel Documentation Center (“NVDC”) adds a significant new criteria in making Jones Act rebuild determinations by calling into question any previous rebuild activity in which a vessel may have been engaged. To ensure future compliance with coastwise trade requirements, industry stakeholders must now consider the additional “cumulative steelweight” test…

t Contracts Policies of 2017: Midyear Report

Media Coverage
The repeal of the contentious “blacklisting” rule, expansion of a popular mentor-protege program and an increased focus on “buying American” top the list of important government contract-related policy developments so far in 2017, a year as notable for what hasn't happened as what has
Fair Pay and Safe Workplaces Rule Repealed
The rule was also perceived as unfair, giving significant discretion to contracting…

Structuring Private Placement Memorandum for the Private Offering and Sale of Securities

Strafford Publications, Inc
[Past Event]
Blank Rome Partner Yelena Barychev spoke at Strafford live webinar, “Structuring Private Placement Memorandum for the Private Offering and Sale of Securities,” on Thursday, June 29
This webinar discussed the attorney’s role in drafting and reviewing the private placement memorandum (PPM) for the private sale and solicitation of securities to ensure compliance with SEC disclosure rules for securities offerings.
Webinar Outline…

When Pro Bono Leads to Conflicts

Media Coverage
The timeline highlights the knotty questions firms can face when it comes to selecting pro bono matters. How does a firm balance pro bono causes chosen by its lawyers with obligations to paying clients? Are conflicts often created? How do firms deal with it
Alan Hoffman, chairman and managing partner of Blank Rome, says in an email that his firm vets every potential pro bono clients through its client intake department in the same way paying clients are vetted. The…

Second Circuit Holds That TCPA Does Not Permit Consumer to Unilaterally Revoke Consent for...

By: Diana M. Eng and Andrea M. Roberts In Reyes v. Lincoln Automotive Financial Services, the United States Court of Appeals for the Second Circuit recently held that the Telephone Consumer Protect…

Pennsylvania Superior Court Splits from Own Precedent and Allows Unilateral Oil and Gas Lease...

Action Item: Lessees of oil and gas leases in Pennsylvania who have been assigned or are assigning less than all of the geologic strata under lease should give careful attention to whether those leases have been severed vertically by unilateral actions. A lease may not be held by production if that production is in a geologic strata not included in the assignment of rights.

The Battlefield of Child Custody

Media Coverage
Blank Rome Partner Marilyn Chinitz was recently interviewed on DivorceForce: Survival Guide , a podcast that tackles various aspects of divorce through candid discussions with leading industry experts. In the episode titled, "The Battlefield of Child Custody," which aired on June 23, Ms. Chinitz spoke with DivorceForce CEO Gregory C. Frank on the difficulties of custody battle cases with both biological and non-biological children…

How a Clinton-Era Law Helped the Trump Administration Reduce Regulations on Government Contractors

Pratt’s Government Contracting Law Report
Contractors should be aware of the Congressional Review Act and its impact on the regulatory landscape in the early months of the Trump administration and the 115th Congress. The authors of this article discuss the Act
It is no secret that deregulation is a top priority for the Trump administration and the Republican-led Congress. To accomplish this goal, President Trump and…

5 Ways to Integrate and Retain Your Lateral Hires

Media Coverage
The retention of lateral hires at law firms is notoriously bad, with some estimates finding that only 47 percent of laterals remain at their new firm after five years
Kerry Lunz, director of lateral partner hiring at Blank Rome, also says that integration should start during the recruiting process. Law firms can drill down the scope of the attorney’s practice, who their clients are, and which clients might come over to the new firm, then pinpoint how the law firm…

8th Annual Philadelphia Diversity & Leadership Conference

Hilton Philadelphia City Avenue
Blank Rome Partners Sophia Lee and Amy Joseph Coles will be speakers at the Pennsylvania Diversity Council’s 8th Annual Philadelphia Diversity & Leadership Conference. The conference will be held on Thursday, August 31, 2017, from 8:30 a.m. to 3:30 p.m., at the Hilton Philadelphia City Avenue
This year themed "Fostering Equity through Inclusion," this annual event is held to educate and…

2017 Philadelphia Women in Leadership Symposium

2017 Philadelphia Women in Leadership Symposium
1717 Arch Street
The focus of this annual event is to bring together a diverse mix of successful women leaders who, through the discussion of topics relevant to today’s issues will educate, inspire and encourage women to reflect on their own goals and status
Title Sponsor – Donor Level $2,500
Designated as a title sponsor for the Women in Leadership Symposium; this designation will be on all ads for the event as well as in the program.…

The Difference 'Difference' Makes

2017 Philadelphia Women in Leadership Symposium
September 28, 2017
Blank Rome Partner Sophia Lee will present at the 2017 Philadelphia Women in Leadership Symposium, which will be held on September 28, 2017, from 8:00 a.m. to 12:00 p.m., at Janney Montgomery Scott LLC. This year's conference theme is Be Fearless, Influence, Innovate, and Inspire
Ms. Lee's panel, "The Difference 'Difference' Makes – Double Minority Leadership,"…

Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points

Construction Law: Advanced Issues and Answers
Princeton, NJ
Blank Rome Partner Adrienne Rogove will speak at the National Business Institute (“NBI”) “Construction Law: Advanced Issues and Answers” seminar on Wednesday, July 12, 2017, which will take place from 9:00 a.m. to 4:30 p.m. in Princeton, NJ
In this advanced-level course, experienced faculty will share their decades of construction law experience and will provide you with…

Blank Rome Welcomes New Labor & Employment Of Counsel in Princeton

Blank Rome LLP is pleased to announce that Suzette T. Rodriguez has joined the Firm as Of Counsel in the Labor and Employment group. She is based in the Firm’s Princeton, New Jersey, office.

How Taking a Photograph Can Land You a Visit from the FBI

Media Coverage
In 2004, photographer James Prigoff parked his rental car outside the fence surrounding a privately owned industrial site in Dorchester, Massachusetts. The object of his interest was a natural gas storage tank decorated with a mural by nun and pop artist Sister Mary Corita Kent. Private security guards asked him to relocate twice, so in the end he didn’t get the best angle of…

Blank Rome Welcomes Insurance Recovery Associate in Washington, D.C.

Blank Rome LLP is pleased to announce that Amy J. Spencer has joined the Firm’s Washington, D.C., office as an associate in the Insurance Recovery group, which was recently recognized as a 2017 “D.C.

Plain Language Prevails in Ohio: Oil and Gas Lease Remains Valid despite Failure to Pay Minimum...

June 2017 (No. 4)
Energy Industry Update
Action Item: Oil and gas companies with leases in Ohio should review their lease language whenever challenged by a lessor as to lease validity. That language likely will determine the success of any claim
Ohio oil and gas leases permitting payment of minimum annual rentals (equal in amount to delay-rentals) after a well has been drilled can exist validly in their secondary term, and the failure to make the required rental payment does not operate to…

Attys Dish on Escobar's FCA Impact 1 Year Later

Media Coverage
The U.S. Supreme Court's decision one year ago in Universal Health Services v. Escobar has jolted False Claims Act litigation by creating a new approach to "implied certification" cases involving undisclosed noncompliance. Here, attorneys tell Law360 about key ways in which the decision has been applied
"Escobar is perhaps the most significant FCA case in a generation. With its practical focus on the…

9th Annual Oil and Gas Law Colloquium

DoubleTree Pittsburgh—Meadowlands, Washington, PA
June 21-22, 2017
Four partners from Blank Rome’s Energy group will serve as faculty at the Pennsylvania Bar Institute’s (“PBI”) 9th Annual Oil and Gas Law Colloquium. This two-day conference, which will be held at the DoubleTree Pittsburgh—Meadowlands, June 21-22, will uncover the latest developments in legal and regulatory practice as well as discuss the hottest issues facing shale energy practitioners…

The Biggest Insurance Rulings of 2017: Midyear Report

The first half of 2017 was rife with major insurance law rulings, with the Texas Supreme Court issuing key guidance on the requirements for maintaining statutory claims against insurers for deceptive practices, and with Washington's high court limiting policyholders' ability to sue for bad faith and curtailing carriers' capacity to rely on policy exclusions
Here, Law360 examines five significant insurance decisions that have attracted widespread attention…

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