Technology & Media

Overview

We understand the business, the science, and the legal issues shaping this burgeoning sector. With deep domain experience in technology and media, we leverage the strength of a full-service law firm to provide effective solutions for the full range of sector participants, from established brands like Google and Red Hat to more than 500 startups annually. From company formations to venture capital transactions, complex intellectual property matters, and successful exits (both M&A and IPOs), our passion is helping innovators achieve their goals.

Work we do within this industry includes:

Africa Practice

Antitrust/Competition

Bankruptcy & Restructuring Department

Bankruptcy & Restructuring Litigation

Broker-Dealer

Capital Markets & Securities

Capital Markets & Securities: A Consistent Record of Success

CFIUS

Class Action Litigation

Commercial Contracts

Corporate

Data, Privacy & Cybersecurity

Economic Sanctions

Emerging Companies & Venture Capital

Employee Benefits

Employment

Executive Compensation

Executive Compensation, Employment & Benefits

Export Controls

FCPA and Anti-Corruption

Global Trade & National Security

Import Requirements

Insurance Recovery

Intellectual Property

International Finance

IP & Tech Transactions

Israel Practice

Life Sciences

Litigation

Lowenstein AI

Mergers & Acquisitions

Patent Counseling & Prosecution

Private Equity

Real Estate

Russia/Ukraine Trade Controls: Insights & Resources

Startup, Emerging & Growth Companies

Tax

The Tech Group

Trademarks, Copyrights, Trade Secrets & Advertising

Transactions & Advisory Group

Venture Capital Investments

Venture Debt

Venture M&A

EXPERIENCE

ACV Auctions in its $31 million Series C financing led by Bessemer Venture Partners, Tribeca Ventures, SoftBank NY, and Armory Square Ventures. We previously represented ACV Auctions in its $15 million Series B financing.

Perch, the marketplace for buying and selling homes, in its $30 million Series A financing led by FirstMark Capital, with Juxtapose and Accomplice also participating in the round.

Represented Aetion, Inc., a health care technology company providing a real-world analytics and evidence platform to support value-based care, in securing a $27 million Series B strategic capital infusion led by global leaders in biopharma and health care services, including Sanofi, UCB, McKesson Ventures, Horizon, Health Services, Inc. NEA, Flare Capital, and Lakestar. Also represented Aetion in previous financings involving NEA, Amgen Ventures, Flare Capital Partners, Lakestar, and Oxeon Ventures.

Represented mParticle, the leading customer data infrastructure company, in raising $150 million in Series E funding to support its continued global go-to-market expansion, as well as significant R&D investment as demand for customer data infrastructure continues to accelerate.

Represented the Official Committee of Unsecured Creditors of Exide Holdings, Inc. Lowenstein investigated potential causes of action for fraudulent conveyances and preference avoidance, which included interviewing over a dozen witnesses and reviewing over 10,000 documents. Based on its findings, the Committee negotiated a global settlement that included $2.4 million for unsecured creditors.

Represented the Official Committee of Unsecured Creditors of Yueting (YT) Jia, a Chinese tech mogul and entrepreneur. Our international investigation focused on potential fraudulent transfers by unwinding a vast network of shell companies and intricate financial transactions. We obtained significant concessions from the Debtor in his proposed plan of reorganization, which the Committee supported. Lowenstein also participated in adversary proceedings instituted by stand-alone creditors seeking to derail the reorganization.

ACV Auctions in its $31 million Series C financing led by Bessemer Venture Partners, Tribeca Ventures, SoftBank NY, and Armory Square Ventures. We previously represented ACV Auctions in its $15 million Series B financing.
Perch, the marketplace for buying and selling homes, in its $30 million Series A financing led by FirstMark Capital, with Juxtapose and Accomplice also participating in the round.
Represented Aetion, Inc., a health care technology company providing a real-world analytics and evidence platform to support value-based care, in securing a $27 million Series B strategic capital infusion led by global leaders in biopharma and health care services, including Sanofi, UCB, McKesson Ventures, Horizon, Health Services, Inc. NEA, Flare Capital, and Lakestar. Also represented Aetion in previous financings involving NEA, Amgen Ventures, Flare Capital Partners, Lakestar, and Oxeon Ventures.
Represented Hudson Fiber Network and Tiger Infrastructure Partners Fund LP, the majority owner, in the all cash sale of Hudson Fiber Network to ExteNet Systems, Inc.
Represented a leading global, multi-platform media and entertainment company that is the go-to source for tech, digital culture and entertainment content in connection with its headquarters lease in Manhattan and its production facility in Los Angeles.
Represented the Official Committee of Unsecured Creditors of Exide Holdings, Inc. Lowenstein investigated potential causes of action for fraudulent conveyances and preference avoidance, which included interviewing over a dozen witnesses and reviewing over 10,000 documents. Based on its findings, the Committee negotiated a global settlement that included $2.4 million for unsecured creditors.
Represented the Official Committee of Unsecured Creditors of Yueting (YT) Jia, a Chinese tech mogul and entrepreneur. Our international investigation focused on potential fraudulent transfers by unwinding a vast network of shell companies and intricate financial transactions. We obtained significant concessions from the Debtor in his proposed plan of reorganization, which the Committee supported. Lowenstein also participated in adversary proceedings instituted by stand-alone creditors seeking to derail the reorganization.
Represented mParticle, the leading customer data infrastructure company, in raising $150 million in Series E funding to support its continued global go-to-market expansion, as well as significant R&D investment as demand for customer data infrastructure continues to accelerate.

NEWS & INSIGHTS

FIRM NEWS

PUBLICATIONS

April 25, 2025 "Federal Circuit Tightens Standards for AI-related Patent Eligibility," Patent Counseling & Prosecution Client Alert
Marina Portnova , Dmitry Andreev , Benjamin A. Kimes , Eric C. Merenstein , Eugene Mishchenko
April 22, 2025 "CFTC Staff Seeks Public Feedback on Perpetual Contracts and 24/7 Trading," Commodities, Futures & Derivatives Group Client Alert
Ryne Miller , Trevor A. Levine , Leo B. Choi
April 16, 2025 "USPTO Announces Accelerated Patent Issuance Timeline," Patent Counseling & Prosecution Client Alert
Kevin O. Grange , Eric C. Merenstein
April 15, 2025 "SEC Clarifies Stance on Disclosures Relating to Crypto Assets," Lowenstein Crypto Client Alert
Ryne Miller , Ethan L. Silver , Daniel L. Forman , Leo B. Choi , Rishabh Sharma
March 28, 2025 "FTC "Click-To-Cancel" Rule Coming Soon," Data, Privacy & Cybersecurity Client Alert
Matt Savare , Diane Moss , Chloe Rippe
March 21, 2025 "SEC Greenlights Proof-of-Work Mining," Lowenstein Crypto Client Alert
Ethan L. Silver , Ryne Miller , William Brannan , Trevor A. Levine , Aiden D. O'Leary
March 14, 2025 "California Attorney General Announces Enforcement Sweep on Location Data Collection," Data, Privacy & Cybersecurity Client Alert
Amy S. Mushahwar , Kathleen A. McGee , Chloe Rippe
February 27, 2025 "Alternative Data Poised for More Growth in the Age of AI: The 2024 Lowenstein Sandler Alternative Data Report," Lowenstein Sandler LLP
Scott H. Moss , Boris Liberman , and George Danenhauer
February 18, 2025 "Top AI Risks General Counsels Should Address," Data, Privacy & Cybersecurity Client Alert
Diane Moss , Judith G. Rubin CIPP/US/E, CIPT
February 14, 2025 "Privacy Implications of Real-Time Bidding – Lessons From the Mobilewalla Enforcement Action," Data, Privacy & Cybersecurity Client Alert
Matt Savare , Diane Moss , Manali Joglekar CIPP/US, CIPP/E, CIPT
February 13, 2025 "Federal Court Rules Against ‘Fair Use’ Defense for AI Training," Lowenstein AI Client Alert
Bryan Sterba , Matt Savare , Mark P. Kesslen , Chloe Rippe
February 3, 2025 "U.S. Copyright Office Issues Report on Copyrightability of Generative-AI Outputs," Lowenstein AI Client Alert
Mark P. Kesslen , Bryan Sterba , Chloe Rippe
October 31, 2024 "The EU Artificial Intelligence Act of 2024: What You Need To Know," Data, Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP , Judith G. Rubin CIPP/US/E, CIPT
June 21, 2024 "New State Data Protection Laws Will Impact Business Nationwide: What You Need to Know," Data, Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
June 1, 2024 "Reporting Companies Under the Corporate Transparency Act Beware: Using Service Providers to Comply Creates New Data Privacy Risk," Pratt’s Privacy & Cybersecurity Law Report
Mary J. Hildebrand CIPP/US/E/AIGP , Robert A. Johnston Jr. , and Judith G. Rubin CIPP/US/E, CIPT
March 7, 2024 "FINRA’s intrusive crypto sweeps are misguided," Blockworks
William Brannan , and Ethan L. Silver
March 6, 2024 "NIST Releases Cybersecurity Framework 2.0," Data, Privacy & Cybersecurity Client Alert
Amy S. Mushahwar , P. Kai Knight , Waleey Fatai
February 27, 2024 "USPTO Issues Inventorship Guidance for AI-Assisted Inventions - AI-Assisted Inventions are Not Categorically Unpatentable," Patent Counseling & Prosecution Client Alert
Audrey G. Ogurchak , Beverly J. Lamberson
February 21, 2024 "Opinion: 2024 Will Be a Buyers’ Market in Biopharma. It Already Is," BioSpace
Michael J. Lerner
February 15, 2024 "Venture Coalition Commitments Encourage Responsible AI Development in Absence of Regulatory Guidance," Lowenstein AI Client Alert
Kathleen A. McGee , Diane Moss , Erich J. Kaletka
February 2, 2024 "Reporting Companies Under the Corporate Transparency Act Beware: Using Service Providers to Comply Creates New Data Privacy Risk," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP , Robert A. Johnston Jr. , Judith G. Rubin CIPP/US/E, CIPT
January 30, 2024 "Playing Competitive Tennis Makes Me A Better Lawyer," Law360
Madhumita Datta, Ph.D.
January 12, 2024 "New Jersey Adopts a Comprehensive Data Protection Law: What You Need to Know and Do Now," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP , Manali Joglekar CIPP/US, CIPP/E, CIPT , Judith G. Rubin CIPP/US/E, CIPT
December 12, 2023 "USPTO Introduces Pilot Program For Expedited Review of Semiconductor Manufacturing-Related Patent Applications," Patent Counseling & Prosecution Client Alert
Madhumita Datta, Ph.D.
December 5, 2023 "The California Privacy Protection Agency Proposes Draft Regulations on Artificial Intelligence," Privacy & Cybesecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
November 28, 2023 "The copyright conundrum – protection for AI works," Westlaw Today
Matt Savare , and Bryan Sterba
October 30, 2023 "FTC Amends Safeguard Rule," Privacy & Cybersecurity Client Alert
Kathleen A. McGee , Waleey Fatai
September 28, 2023 "Aware But Wary: In-House Counsel On The Power Of Generative Artificial Intelligence," Lowenstein Sandler LLP and Association of Corporate Counsel - New Jersey
Mary J. Hildebrand CIPP/US/E/AIGP
September 12, 2023 "Cyber Incident Reporting Requirements To Be Implemented Under the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA)–NPRM Expected Late 2023–Early 2024," Global Trade & National Security Client Alert
Abbey E. Baker , Kei Komuro
August 18, 2023 "How to handle the ‘wild west’ of generative AI: part 2," World Intellectual Property Review
Matt Savare , and Bryan Sterba
August 17, 2023 "How to handle the ‘wild west’ of generative AI: part I," World Intellectual Property Review
Matt Savare , and Bryan Sterba
August 7, 2023 "Startups: Beneficial Ownership Filings May Be Required After January 1, 2024," Emerging Companies & Venture Capital Client Alert
Robert A. Johnston Jr. , Anthony W. Raymundo , Juan B. Soto , Samantha Sigelakis-Minski ,
August 7, 2023 "IRS Rules That Cryptocurrency Staking Rewards are Taxable," Tax Client Alert
Brian A. Silikovitz , Kristin V. Taylor
July 31, 2023 "State Data Protection Laws: What You Need To Know As States Ramp Up Enforcement," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP , Judith G. Rubin CIPP/US/E, CIPT
July 24, 2023 "FTC Promulgates New Rules on Deceptive Endorsements, Fake Reviews, and False Testimonials," Emerging Companies & Venture Capital and White Collar Defense Client Alert
Kathleen A. McGee
July 18, 2023 "Not Today, Gary: Court Says XRP is Not a Security," Lowenstein Crypto Client Alert
Ethan L. Silver , William Brannan , Leo B. Choi , Macauley Venora
June 12, 2023 "Updated: A Survey of Health Care Anti-Kickback Law at the State Level," Lowenstein Sandler LLP
Scott B. McBride , Jarrett R. Schindler , Rachel Moseson Dikovics , Marc L. Rein , and
April 11, 2023 "Biden Administration Aims to Shift Liability for Cyberattacks to Software Developers," Privacy & Cybersecurity Client Alert
Kathleen A. McGee , Mikayla R. Berliner ,
March 28, 2023 "The USPTO’s Transition to Electronic Patent Grants," Patent Counseling & Prosecution Client Alert
Kevin O. Grange , David Toma
March 23, 2023 "Getting Acquainted with the FDIC Claims Process Now to Protect Your Deposits in the Future," Anti-Money Laundering Client Alert
Rossie E. Turman III , Samantha Sigelakis-Minski ,
March 20, 2023 "SVB Financial Group Files for Chapter 11 Bankruptcy," Bankruptcy & Restructuring Client Alert
Jeffrey Cohen , Andrew Behlmann , Philip J. Gross , Lowell A. Citron , Rossie E. Turman III , Ed Zimmerman , Anthony O. Pergola
March 17, 2023 "SEC Proposes Rash of New Rules on Cybersecurity," Privacy & Cybersecurity Client Alert
Kathleen A. McGee , Kate Basmagian , Mikayla R. Berliner
March 13, 2023 "SEC Safeguarding Rule Proposal: What a Crypto Investment Adviser Needs to Know," Lowenstein Crypto Client Alert
Ethan L. Silver , William Brannan , Leo B. Choi
March 13, 2023 "Silicon Valley Bank: A Timeline and Summary of Events," Debt Finance Client Alert
Rossie E. Turman III , Lowell A. Citron , Matthew R. VanderGoot , Raquel Smith
March 11, 2023 "SVB FALLOUT: How VC-backed Startups May Extend Payroll & Avoid Furloughs," Lowenstein Sandler Client Alert
Ed Zimmerman , Julie Levinson Werner , Rachel Maimin ,
February 2, 2023 "New Jersey Wants Its Own BitLicense Regulation," Lowenstein Crypto Client Alert
Ethan L. Silver , William Brannan , Christopher W. Gerold
November 6, 2022 "Tornado Cash Sanction Has Wider Liability Implications For Crypto Sector," Brave New Coin
Doreen M. Edelman , Abbey E. Baker
October 26, 2022 "The Role of a Creditors’ Committee to Investigate, Preserve, and Pursue Causes of Action in Crypto Bankruptcies," Bankruptcy & Restructuring Department Client Alert
Jeffrey Cohen , Andrew Behlmann ,
September 29, 2022 "OFAC Designates Tornado Cash as a Sanctioned Entity as Federal Government Continues to Increase Regulation of Decentralized Financial Platforms," Lowenstein Sandler Client Alert
Doreen M. Edelman , Robert A. Johnston Jr. , Rachel Maimin , Kathleen A. McGee ,
September 7, 2022 "Crypto Considerations in Bankruptcy Plans of Reorganization," Bankruptcy & Restructuring Department Client Alert
Jeffrey Cohen , Andrew Behlmann ,
July 28, 2022 "Protecting Your Business from Managed Service Provider Cyberthreats," Risk Management Magazine
Kathleen A. McGee
July 20, 2022 "A Venture Capital/M&A Context On Dobbs, Reproductive Rights, and Healthcare Access After the Supreme Court Overturned Roe v. Wade," Lowenstein Sandler LLP
Meredith Beuchaw , Alyssa A. Frederick , Ed Zimmerman , Rossie E. Turman III
June 29, 2022 "Lessons From CISA for In-House Counsel on Mitigating and Managing MSP Breach Threats," Cybersecurity Law Report
Kathleen A. McGee
May 19, 2022 "Helping the Inventors of Tomorrow’s Technology Today, Part II," Lowenstein Sandler LLP
Kevin O. Grange , and Sam Noel
May 17, 2022 "USPTO To Issue Trademark Electronic Registration Certificates and Shorten Office Action Response Timelines," Trademarks, Copyrights & Trade Secrets Client Alert
Vanessa A. Ignacio , Matthew P. Hintz
May 13, 2022 "Job Applicants, Diversity Data, and Privacy Compliance under the GDPR: What You Need to Know.," Lowenstein Sandler LLP
Mary J. Hildebrand CIPP/US/E/AIGP , and Judith G. Rubin CIPP/US/E, CIPT
April 28, 2022 "SEC’s Division of Examinations Releases 2022 Examination Priorities for Investment Advisers, Broker-Dealers, and Other Financial Industry Professionals," Investment Management Client Alert
Scott H. Moss , David L. Goret , Kei Komuro
February 28, 2022 "Notable US Sanctions and Export Controls Levied Against Russia and Belarus in Response to the Ongoing Conflict in Ukraine," Global Trade & National Security Client Alert
Doreen M. Edelman , Abbey E. Baker ,
February 25, 2022 "Western Sanctions Targeting Russia Increase Business Risks for Companies," Global Trade & National Security Client Alert
Doreen M. Edelman , Zarema A. Jaramillo , Abbey E. Baker ,
February 8, 2022 "A Haystack in a Hurricane: The Legal Risks of Depicting Real People in Your NFT," Brave New Coin
Matt Savare , Brianne L. Polito , and
February 2, 2022 "Interview of Brian Murphy, Former Chief of Intelligence, Department of Homeland Security," Global Trade & Customs Journal
January 31, 2022 "Risky Business: The Top Four Risks Companies Face When Doing Business With China and How to Address Them," Law.com International
Doreen M. Edelman , and Abbey E. Baker
January 26, 2022 "The FTC Actively Enforcing Truthful Review and Endorsement Practices," Emerging Companies & Venture Capital Client Alert
Mark P. Kesslen , Kathleen A. McGee , Raymond Cooper
December 30, 2021 "Preparing for a Pre-Seed Financing Round," Practical Guidance®
Matt Savare , Chandra K. Shih , and
December 10, 2021 "Preparing for a Pre-Seed Financing Round," Lowenstein Sandler LLP
Matt Savare , Chandra K. Shih , and
December 9, 2021 "U.S. Privacy 2022: Compare, Contrast, and Integrate New State Laws," Lowenstein Sandler LLP
Mary J. Hildebrand CIPP/US/E/AIGP
November 19, 2021 "Take Note: Address Global Trade Issues Early in Your Negotiations To Avoid Liability and Costs (Yes, This Applies to You).," Global Trade
Doreen M. Edelman , and Abbey E. Baker
November 2, 2021 "Tips for Managing Supply Chain Trade Issues in 2021," Supply & Demand Chain Executive
Doreen M. Edelman , and
November 1, 2021 "Key Business Considerations for U.S. Global Trade Policy," Risk Management
Doreen M. Edelman , Abbey E. Baker ,
October 5, 2021 "CMMC: An ounce of prevention is worth a pound of cure," Security
October 3, 2021 "Section 301 Case Offers Importers a Chance at Refunds as Administration Contemplates Further Tariff Action," Global Trade
September 10, 2021 "What's in a Name (Image or Likeness)? Quite a Bit for Star College Athletes," Sports Litigation Alert
Matt Savare , Bryan Sterba , and Zachary Bocian
August 26, 2021 "Proactive Planning for Website Accessibility Today Can Avoid Disruption Later," Bloomberg Law
Craig Dashiell
August 23, 2021 "The Tightrope of Biden’s Global Trade Policy," Industry Today
Doreen M. Edelman ,
August 17, 2021 "CFIUS: Most Common Questions Asked and Answered," Lowenstein Sandler LLP
Doreen M. Edelman , Abbey E. Baker ,
July 12, 2021 "Rising Crime, Rising Response?," The Financial Manager
Mary J. Hildebrand CIPP/US/E/AIGP
June 22, 2021 "Is Your Startup Running Afoul of Domestic Trade Controls?," Built In
Doreen M. Edelman , Abbey E. Baker , and
June 18, 2021 "US Customs Rulings Highlight Importance of Arm’s Length Valuation Requirement," Global Trade and Customs Journal
June 15, 2021 "Supreme Court Grants Certiorari in Web Scraping Case hiQ v. LinkedIn," Emerging Companies & Venture Capital and White Collar Defense Client Alert
Mark P. Kesslen , Kathleen A. McGee , Bryan Sterba
June 9, 2021 "FTC's Drop Of Illumina-Grail Merger Case Raises Uncertainty," Law360
Zarema A. Jaramillo
May 18, 2021 "Colonial Pipeline Ransomware Event Highlights Need for Crisis Management Plan," The Tech Group and White Collar Defense Client Alert
Kathleen A. McGee
May 12, 2021 "Let the Game(Stop) Begin—Unless You Are a Retail Investor," Bloomberg Law
Ethan L. Silver , and William Brannan
May 5, 2021 "Novel Securities Liabilities From the Coronavirus and Utilizing Insurance to Manage the Risk," The Review of Securities & Commodities Regulation
Rachel Maimin ,
May 5, 2021 "CFIUS doesn’t mean Chinese companies can’t invest in the US," TechNode
Doreen M. Edelman ,
April 29, 2021 "FTC Publishes Blog Outlining Corporate Board Guidance for Data Security," The Tech Group and White Collar Defense Client Alert
Kathleen A. McGee , Oluwaseyi O. Amorin
April 14, 2021 "USTR Proposes Increased Duties on Variety of Products; Companies Can Seek Relief," Global Trade & National Security Client Alert
Doreen M. Edelman , Megan C. Bodie ,
April 9, 2021 "States’ Safe Harbor Defense for Data Security Breaches Signals Possible Trend," The Tech Group and White Collar Defense Client Alert
Kathleen A. McGee
March 30, 2021 "Are you subject to US economic sanctions?," The Times of Israel
Doreen M. Edelman , Dotan Barnea , Abbey E. Baker ,
March 10, 2021 "A Look Ahead: US FDA And Medical Device Regulations In 2021," Med Device Online
James C. Shehan
March 8, 2021 "Virginia Approves New Data Privacy Law: States Take the Lead as U.S. Trends Closer to Europe’s GDPR," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
February 25, 2021 "Refunds of Some Section 301 Chinese Duties May Be Available," Global Trade & National Security Client Alert
Doreen M. Edelman , Zarema A. Jaramillo ,
February 16, 2021 "A New Era Is About to Begin. Our Firm Is Ready to Help Lead It.," Lowenstein Sandler LLP
Gary M. Wingens
February 11, 2021 "Keeping Your Job as CFO When A CRO Arrives," Global Banking & Finance Review
February 3, 2021 "In the Know: The Lowenstein Insurance Recovery Group’s Tip of the Month," Lowenstein Sandler LLP
Eric Jesse , and Lynda A. Bennett
February 1, 2021 "Health Care Facilities Are Under Cyberattack; Cyber Insurance Provides a Valuable Defense," Pratt’s Privacy & Cybersecurity Law Report
Michael D. Lichtenstein
January 29, 2021 "Post-Brexit, Schrems II, and the GDPR: Privacy Compliance Priorities in Early 2021 (Part Two)," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
January 26, 2021 "Anti-Money Laundering Act Requires Fresh Look at Compliance," Bloomberg Law
Rachel Maimin
January 26, 2021 "A ‘token’ gift: The US SEC giveth and taketh away," Cointelegraph
Ethan L. Silver , and William Brannan
January 22, 2021 "Post-Brexit, Schrems II, and the GDPR: Privacy Compliance Priorities in Early 2021," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
January 21, 2021 "Recent Decision Highlights Considerations for Asserting Privilege in the Wake of a Cyberattack," The Tech Group and White Collar Defense Client Alert
Kathleen A. McGee , Rebecca J. Ryan
January 19, 2021 "Rising Supply Chain Risk Requires Proactive Management," Infosecurity
Kathleen A. McGee
January 13, 2021 "Weighing COVID-19 (and Other Macro Factors) in Bankruptcy Valuations," CFO
January 12, 2021 "Key Updates to First Draw PPP Loans," Lowenstein Sandler Client Alert
Lowell A. Citron , Kathleen A. McGee , Kimberly E. Lomot
January 12, 2021 "A Primer on Second Draw PPP Loans," Lowenstein Sandler Client Alert
Lowell A. Citron , Kathleen A. McGee , Kimberly E. Lomot
January 11, 2021 "As of January 1, the California Consumer Privacy Act Regulates De-identified Patient Information: Prompt Action Required," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
January 7, 2021 "Hypersonics Illustrate Supply Chain Vulnerabilities," National Defense
Doreen M. Edelman , Abbey E. Baker ,
January 6, 2021 "LET’S FACE IT: Facial Recognition Technology Involves More Than Meets the Eye," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP , Diane Moss , Manali Joglekar CIPP/US, CIPP/E, CIPT
December 31, 2020 "Beware of paying that ransomware threat," Security
Doreen M. Edelman , Kathleen A. McGee ,
December 28, 2020 "Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act," Lowenstein Sandler Client Alert
Lowell A. Citron , Kimberly E. Lomot , Kathleen A. McGee
December 24, 2020 "Southern District of New York: COVID-19 Can Constitute a Natural Disaster Justifying Force Majeure Defense, but the Contract Matters," Litigation Client Alert
December 17, 2020 "Recent Cyber Event Places Many Entities’ Data at Risk," Lowenstein Sandler Client Alert
Kathleen A. McGee , Eric Jesse
December 8, 2020 "IRS Guidance Allows Certain Mid-Year Benefit Election Changes in Response to COVID-19," American Bar Association, Tort Trial and Insurance Practice Section's Committee News: Health and Disability & Life Insurance Law
Megan Monson
December 7, 2020 "Funding Life Sciences: Where the Opportunities and Resources Are in 2021 and Beyond," Lowenstein Sandler LLP
Michael J. Lerner , and Steven M. Skolnick
December 7, 2020 "10 Common Benefit Issues in M&As During the Covid-19 Era," TLNT (Talent Management & HR)
Megan Monson , and Taryn E. Cannataro
December 1, 2020 "How to Pursue Reps and Warranties Claims," Risk Management
Eric Jesse
November 30, 2020 "Maximizing R&W Insurance Claims," Bloomberg Law
Lynda A. Bennett
November 13, 2020 "How to Avoid a U.S. Importer's Costly Trade-Compliance Error," SupplyChainBrain
Doreen M. Edelman ,
November 12, 2020 "Here's how R&W insurance may look after COVID-19," PropertyCasualty360.com
Lynda A. Bennett , and Eric Jesse
November 10, 2020 "Workplace Diversity—Getting It Right With Goals, Not Quotas," Bloomberg Law
Julie Levinson Werner
November 10, 2020 "Surplus Office Space? Here’s What You Should Be Thinking About," Real Estate Client Alert
Daniel A. Suckerman ,
November 9, 2020 "Compliance Matters: What Executives Should Know About International Shipments," PARCEL
Doreen M. Edelman , Abbey E. Baker ,
November 6, 2020 "SBA Proposes New PPP Borrower’s Questionnaire: Mandatory for Loans of $2 Million and More," Lowenstein Sandler Client Alert
Kathleen A. McGee , Kimberly E. Lomot
November 6, 2020 "The Paycheck Protection Program: FOIA and Potential Implications for Applicants and Investors," The Tech Group Client Alert
Kathleen A. McGee
October 30, 2020 "Hypersonics Race Raises National Security Concerns for U.S. Businesses," Bloomberg Law
Doreen M. Edelman , Abbey E. Baker ,
October 27, 2020 "Financial Service Providers Must File Foreign Financial Services Transactions With BEA Before October 30," Global Trade & National Security Client Alert
Doreen M. Edelman , Abbey E. Baker ,
October 21, 2020 "How Can I Get My Employees to Return to Work During a Pandemic and Not Get Sued?," Employment Counseling & Litigation Client Alert
Julie Levinson Werner , Lauren M. Hollender
October 16, 2020 "How An Effective Trade Compliance Program Saves Money," Industry Today
Doreen M. Edelman ,
September 21, 2020 "Reps & Warranties Insurance: Five Myths Dispelled," PropertyCasualty360.com
Eric Jesse
September 15, 2020 "Internet Businesses Are Targeted by OFAC for Sanctions Violations: How to Reduce Risk," Homeland Security Today
Doreen M. Edelman , Abbey E. Baker ,
August 17, 2020 "Likely Spike in Whistleblower Complaints Means PPP Loan Recipients Must Remain Vigilant," The Tech Group and White Collar Defense Client Alert
Rachel Maimin , Kathleen A. McGee
August 12, 2020 "Getting Paid: A Look at Representations & Warranties Insurance," Lowenstein Sandler LLP
Lynda A. Bennett , and Eric Jesse
August 10, 2020 "How to Respond When Your Banker Requests a Visit," CFO
August 7, 2020 "FINRA: An Unnecessary, Unqualified Digital Asset Regulator," Cointelegraph
Ethan L. Silver , and William Brannan
August 3, 2020 "Should FRAND Excuse “Efficient Infringement”?," The Criterion Journal on Innovation
August 2, 2020 "Interview On Launching A Venture Capital Firm (in Nigeria): Maya Horgan Famodu, Founder Of Ingressive Capital," Forbes
Ed Zimmerman
July 30, 2020 "Compliance Program "Must Haves" for Doing Business Abroad," Lowenstein Sandler LLP
Doreen M. Edelman , and
July 17, 2020 "DOE’s Recent RFI Specifies “Foreign Adversaries”–What Does It Mean?," Global Trade & National Security Client Alert
Doreen M. Edelman , Abbey E. Baker ,
July 8, 2020 "U.S. Companies Required to Report Foreign Investments: BEA’s Little-Known Reporting Requirements," Lowenstein Sandler LLP
Doreen M. Edelman , Abbey E. Baker , and
July 7, 2020 "Main Street Lending Program–Launch Update," Debt Finance Client Alert
Lowell A. Citron
July 7, 2020 "Education Before Implementation: The CCPA Requirement That Should Be First on Your List, Not Last," CPO Magazine
Matt Savare , and
July 3, 2020 "Feds reach into real estate deals extended in name of national security," Real Estate Weekly
Doreen M. Edelman , Abbey E. Baker ,
June 30, 2020 "Theresia Gouw / PJ Parson & Ed Zimmerman: VC Strategies For Building a Venture Firm, Raising a New Fund, & Investing During Crisis," Forbes
Ed Zimmerman
June 23, 2020 "Latest Update on the Paycheck Protection Program Flexibility Act of 2020," Debt Finance Client Alert
Lowell A. Citron , Kimberly E. Lomot
June 22, 2020 "Opportunities for Technology Companies to be Matched with Investors by Department of Defense," Homeland Security Today
Doreen M. Edelman , Abbey E. Baker ,
June 22, 2020 "Some going concerns: A primer on intellectual property issues in bankruptcy for licensors and licensees," Westlaw Journal Bankruptcy
Bryan Sterba , Matt Savare , Philip J. Gross , and
June 16, 2020 "Long Overdue: U.S. Supreme Court Holds Title VII Protects Gay and Transgender Employees," Employment Counseling & Litigation Client Alert
Julie Levinson Werner
June 12, 2020 "The Absurdity of Government Contracting," SIGNAL
Matt Savare , and
June 10, 2020 "Avoid Claims Of Bankruptcy Fraud Amid Creditor Scrutiny," Law360
Rachel Maimin , Michael A. Kaplan , Rachel Moseson Dikovics , and
June 8, 2020 "Contradictory Responses by Privacy Regulators Post- COVID-19: Balancing the Economy with Cybersecurity in a Changed World," Business Law Today
Mary J. Hildebrand CIPP/US/E/AIGP
June 4, 2020 "Paycheck Protection Program Flexibility Act of 2020," Debt Finance & The Tech Group Client Alert
Lowell A. Citron , Kimberly E. Lomot , Raymond P. Thek , Ed Zimmerman
June 3, 2020 "California Attorney General Submits Final Regulations for the California Consumer Privacy Act," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
June 1, 2020 "Contradictory Responses by Privacy Regulators Post-COVID-19: Balancing the Economy With Cybersecurity in a Changed World," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
May 27, 2020 "Emerging From COVID-19: Data Privacy and Security in a Changed World," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
May 27, 2020 "Deferred Compensation Considerations in the Wake of the COVID-19 Pandemic," Employee Benefits & Executive Compensation Client Alert
Christine Osvald-Mruz , Taryn E. Cannataro
May 27, 2020 "COVID-19: Considerations in Stock Option Repricing," Employee Benefits & Executive Compensation Client Alert
James E. Gregory , Darren Goodman
May 27, 2020 "COVID-19: Focus on Executive Compensation," Employee Benefits & Executive Compensation Client Alert
James E. Gregory , Darren Goodman , Christine Osvald-Mruz , Andrew E. Graw , Megan Monson , Taryn E. Cannataro
May 26, 2020 "SBA Announces: “SBA may begin a review of any PPP loan of any size at any time in SBA’s discretion” & DOJ Announces Multiple Enforcement Actions," Debt Financing & The Tech Group Client Alert
Ed Zimmerman , Kathleen A. McGee , Kimberly E. Lomot , Raymond P. Thek , Lowell A. Citron
May 19, 2020 "Application for PPP Loan Forgiveness … Now What?," Debt Finance Client Alert
Lowell A. Citron , Theodore C. Sica , Kimberly E. Lomot
May 18, 2020 "Dear Tech Company Founders & VCs: Eligible on Main Street," Debt Finance & The Tech Group Client Alert
Anthony O. Pergola , Kathleen A. McGee , Kimberly E. Lomot , Lowell A. Citron , Ed Zimmerman
May 15, 2020 "Minimizing Director Liability: Best Practices for PPP Recipients," The Tech Group & White Collar Client Alert
Kathleen A. McGee , Kimberly E. Lomot
May 14, 2020 "FAQ 46 & 47: Crime & Punishment (or the Lack of Either) for PPP Loans Large and Small," Lowenstein Sandler LLP
Raymond P. Thek , Kathleen A. McGee , Ed Zimmerman , and Kimberly E. Lomot
May 11, 2020 "Seeking Lender Relief During Uncertainty and Distress," Bloomberg Law
Jeffrey D. Prol , Lowell A. Citron , and Philip J. Gross
May 11, 2020 "COVID-19 and Quick 363 Bankruptcy Sales," Lowenstein Sandler LLP
May 11, 2020 "Creditor Compositions: Overview," Practical Law
Philip J. Gross
May 6, 2020 "PPP Loan Scrutiny Requires Immediate Borrower Attention," Law360
Rachel Maimin , Kathleen A. McGee , and Rebecca J. Ryan
April 29, 2020 "The Treasury Wants Its PPP Money Back by May 7. How Do We Level the Playing Field for Small Businesses?," The National Law Journal
Ed Zimmerman , and Kathleen A. McGee
April 27, 2020 "DOD Seeks to Match Investors With Technology Companies," Global Trade & National Security Client Alert
Doreen M. Edelman , Abbey E. Baker ,
April 24, 2020 "Heightened Scrutiny for Public Companies and Portfolio Companies of Funds for PPP Loans and No PPP Loans for Funds Themselves," Lowenstein Sandler Client Alert
Lowell A. Citron , Ed Zimmerman , Theodore C. Sica , Kimberly E. Lomot , Anthony O. Pergola , Kathleen A. McGee , Raymond P. Thek , Steven M. Skolnick ,
April 24, 2020 "Devil in the details for COVID-19 duty deferral," Journal of Commerce
Doreen M. Edelman ,
April 23, 2020 "Current State of Loan Forgiveness Under the Paycheck Protection Program," Debt Finance Client Alert
Lowell A. Citron , Theodore C. Sica , Kimberly E. Lomot ,
April 23, 2020 "Money? What Money? Is It Time to Give Your Money Back? Updates to the PPP and the FAQ’s," Debt Finance Client Alert
Lowell A. Citron , Ed Zimmerman , Theodore C. Sica , Kimberly E. Lomot ,
April 20, 2020 "New 90-Day CBP Duty Deferral Option," Global Trade & National Security Client Alert
Doreen M. Edelman ,
April 16, 2020 "COVID-19 Era Remote Work Environments Increase Cybersecurity Risks: What You Need to Know and Do," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
April 16, 2020 "SBA Loans Regs: The “Bootleg” Redline of SBA Affiliation Rule §301(f) (the changes you’re not seeing online!)," Lowenstein Sandler LLP
Ed Zimmerman , Lowell A. Citron , Kimberly E. Lomot , and Raymond P. Thek
April 15, 2020 "The Paycheck Protection Program: FOIA and Potential Implications for Applicants and Investors," Tech Group Client Alert
Kathleen A. McGee
April 14, 2020 "PPP Loans For Startups/Growth Companies—Former Attorney General’s Perspective—Lessons From Hurricane Sandy & 9/11," Forbes
Ed Zimmerman , Christopher Porrino , Elie Honig , Kathleen A. McGee , Kimberly E. Lomot , and Lowell A. Citron
April 14, 2020 "Don’t open yourself to problems: Open source technology and M&A due diligence," Westlaw Mergers & Acquisitions
Matt Savare , Bryan Sterba , and
April 7, 2020 "Venture Capital Affiliation Checklist (for Rule 301(f) purposes for SBA 7(a) PPP Business Loans)," Lowenstein Sandler LLP
Ed Zimmerman , Kimberly E. Lomot , Raymond P. Thek , Anthony O. Pergola , and Alex D. Leibowitz
April 5, 2020 "SBA Loans Under PPP: Please Don’t Require VC-Backed Startups To Amend Their Charters," Forbes
Ed Zimmerman , Anthony O. Pergola , and Kimberly E. Lomot
April 4, 2020 "Wait, What?! Treasury Clarifies “Affiliation” Rules For SBA Section 7(a) Loans (& Startups Are...)," Forbes
Ed Zimmerman
April 2, 2020 "The U.S. Patent and Trademark Office Response to COVID-19," Intellectual Property Client Alert
Vanessa A. Ignacio , Mark P. Kesslen , David Toma , Matthew P. Hintz
April 2, 2020 "It Is Time To Make Virtual Trials A Reality," Law360
April 1, 2020 "Venture-Backed Startups Can Access SBA 7(a) Loans – What The Experts Aren’t Telling You!," Forbes
Ed Zimmerman
March 31, 2020 "SBA Section 7(a) Loans for Venture Capital Backed Growth Companies/Startups Under the CARES Act," The Tech Group Client Alert
Ed Zimmerman , Lowell A. Citron , Kimberly E. Lomot , Raymond P. Thek
March 31, 2020 "What Actions Should Companies Take to Secure Cyber Insurance Coverage for Losses Related to Cyber Incidents in the COVID-19 Landscape?," Insurance Recovery Client Alert
Michael D. Lichtenstein
March 30, 2020 "Tips For Cos. Confronting Pandemic Impact On Global Trade," Law360
Doreen M. Edelman , Zarema A. Jaramillo ,
March 27, 2020 "Best Practices for Responding to Subpoenas That Conflict With Foreign Data Privacy Laws," New York Law Journal
Rachel Maimin , and Kathleen A. McGee
March 26, 2020 "No, patent pools should not test for validity," IAM (Intellectual Asset Management)
March 24, 2020 "U.S. Regulators Focus on Compliance Efforts in Enforcement Decisions Involving International Companies," Global Trade
Doreen M. Edelman , Zarema A. Jaramillo , and
March 23, 2020 "Guidance For Startups/VCs From VCs Around The Globe During COVID-19," Forbes
Ed Zimmerman
March 18, 2020 "Critical Checklists for Business Owners and Management to Mitigate Risk of Financial Distress During the COVID-19 Crisis," Lowenstein Sandler LLP
March 15, 2020 "When The Music Stops: SAFEs & Convertible Notes Give VCs Massive Price Protection," Forbes
Ed Zimmerman
March 5, 2020 "Did ‘Silicon Valley’ Get CFIUS Right? Can It Really Ruin Everything?," Legaltech News
Doreen M. Edelman , Abbey E. Baker , and
February 28, 2020 "Source Code Escrow Agreements Are Reaching For The Cloud," Law360
Mark P. Kesslen
February 27, 2020 "The California Consumer Privacy Act: An FAQ for Investment Managers," Privacy & Cybersecurity and Investment Management Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP , Scott H. Moss
February 25, 2020 "M&A due diligence: A primer on transactions involving private sellers," Westlaw Mergers & Acquisitions
Matt Savare , Bryan Sterba , and
February 21, 2020 "2019 and Q1 2020 Developments and Annual Compliance Checklists," Investment Management Client Alert
Scott H. Moss , Brian A. Silikovitz , Lesley P. Adamo , Mary J. Hildebrand CIPP/US/E/AIGP , George Danenhauer
February 20, 2020 "Boardroom Hot Topics: ESG, Purpose And Stakeholders," Law360
James O'Grady
February 19, 2020 "Cryptocurrencies Are Now a Target of OFAC Economic Sanctions," Legaltech News
Doreen M. Edelman , Kathleen A. McGee , Abbey E. Baker , and
February 12, 2020 "SEC Exam Priorities Highlight Flexible, Holistic Compliance," Law360
Scott H. Moss , and David L. Goret
February 8, 2020 "Growth Company & Startup Guide To Stock Vesting / “Restricted Stock” (Section 83(b) Elections)," Forbes
Ed Zimmerman , and Lesley P. Adamo
January 22, 2020 "FINRA 2020 Risk Monitoring and Examination Priorities Letter," Investment Management Client Alert
Ethan L. Silver , William Brannan
January 13, 2020 "U.S. Investment Firms’ Stakes in Non-U.S. Companies Lead to Sanctions Violations and OFAC Penalties," Global Trade & National Security Client Alert
Doreen M. Edelman ,
January 3, 2020 "CCPA: What You Need to Know Now," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
December 4, 2019 "What Cyber Insurance Covers, What to Watch For and How to Get the Right Policy," Cybersecurity Law Report
Eric Jesse
December 2, 2019 "Trends in alt data: What managers should expect in 2020," HFM Week
November 20, 2019 "Legal Guide for Direct Brands," IAB
Matt Savare , Bryan Sterba , and
November 7, 2019 "INSIGHT: Comprehensive Compliance Programs Key to Mitigating Risk of Potential Violations of Antitrust Laws, OFAC Sanctions, FCPA," Bloomberg Law
Doreen M. Edelman , Zarema A. Jaramillo , and
November 4, 2019 "How to Avoid Common IP Mistakes Made by Early-Stage Companies–Part 4: CCPA and Its Interplay With GDPR," Lowenstein Sandler LLP
Mark P. Kesslen , and Diane Moss
November 1, 2019 "You Know the Rules, and So Do I: What the RPCs Say (and Don’t Say) About Social Media," ABI Journal
October 16, 2019 "California Attorney General Releases Draft Regulations Under the California Consumer Privacy Act: New Concepts, New Questions, and Few Clarifications," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP , Matt Savare , Manali Joglekar CIPP/US, CIPP/E, CIPT , Diane Moss ,
October 15, 2019 "Government Expands Focus on Effective Compliance Programs," Lowenstein Sandler LLP
Doreen M. Edelman , Zarema A. Jaramillo , and
October 8, 2019 "OFAC Introduces Reporting Rule That Applies to All U.S. Companies," Global Banking & Finance Review
Doreen M. Edelman , Zarema A. Jaramillo , and
September 29, 2019 "Is XRP a Security? We May Never Know," Cointelegraph
Ethan L. Silver , and William Brannan
September 25, 2019 "How the FTC?s revised dot-com disclosures affect online, social and mobile advertising," Mobile Marketer
Matt Savare , and
September 19, 2019 "California Lawmakers Finalize the California Consumer Privacy Act … at Least for Now," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP , Diane Moss
September 18, 2019 "Regulators Double Down on Compliance Scrutiny," CFO
Doreen M. Edelman , Zarema A. Jaramillo , and
September 10, 2019 "Alternative Data = Better Investment Strategies, But Not Without Concerns," Lowenstein Sandler
September 4, 2019 "Time Is Running Out to File for Section 301 List 3 Exclusion Requests: Timeline and Alternative Options," Global Trade & National Security Client Alert
Doreen M. Edelman , Zarema A. Jaramillo ,
September 4, 2019 "Five Considerations in Cross-Border Anti-Corruption Matters," The Anti-Corruption Report
Michael B. Himmel
August 30, 2019 "INSIGHT: U.S. Sanctions Against Venezuela Affect Any Company Doing Business There," Bloomberg Law
Doreen M. Edelman , Abbey E. Baker , and
August 14, 2019 "Commentary: How private equity shops can adapt to the new CFIUS rules," Pensions & Investments
Doreen M. Edelman , Steven E. Siesser , and
August 8, 2019 "What Artificial Intelligence Companies Must Know to Comply with New Export Policies," Legaltech News
Doreen M. Edelman , Matt Savare , and
August 2, 2019 "Learning from Grammy/Latin Grammy Star Gaby Moreno at VentureCrushSF 2019," Forbes
Ed Zimmerman
July 16, 2019 "What the Changes to CFIUS Mean for Foreign Investment," Global Trade & National Security Client Alert Update
Doreen M. Edelman ,
July 11, 2019 "An Astronaut & A Rock Star Walk Into VentureCrush: Commander Mark Kelly & Laura Marling Discuss Leadership, Creativity & Science," Forbes
Ed Zimmerman
July 1, 2019 "How to Avoid Common IP Mistakes Made by Early-Stage Companies–Part 3: Patents," Lowenstein Sandler LLP
Mark P. Kesslen , and David Toma
July 1, 2019 "The Dashboard Act's Innovative Approach To Data Protection," Law360
Mary J. Hildebrand CIPP/US/E/AIGP
June 20, 2019 "New York on Verge of Passing Landmark Data Security Legislation," Privacy & Cybersecurity Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP , Kathleen A. McGee
June 19, 2019 "A data processing addendum for the CCPA?," The IAPP
Matt Savare , and
June 17, 2019 "Key Takeaways From Six Months Into New Mandatory CFIUS Pilot Program," Global Trade & National Security Client Alert
Doreen M. Edelman ,
June 6, 2019 "Management of a Minor’s Digital Assets in the Event of Incapacity or Death," Tax, Estate, and Lifetime Planning for Minors (American Bar Association; Second Edition)
Matt Savare , and
June 3, 2019 "Class Action Insights From Justices' App Store Opinion," Law360
Rachel Maimin
May 28, 2019 "CCPA Essentials: How to Get Started," American Bar Association
May 6, 2019 "How to Avoid Common IP Mistakes Made by Early-Stage Companies–Part 2: Copyrights, Open Source Software, and Trade Secrets," Lowenstein Sandler LLP
Mark P. Kesslen , and Bryan Sterba
April 23, 2019 "How Can PE and VC Investors Mitigate Risk in an Unpredictable Trade Environment?," Global Trade & National Security Client Alert
Doreen M. Edelman , Abbey E. Baker ,
April 19, 2019 "Startups Have To Care About Violating U.S. Sanctions Laws, Too," Crunchbase News
Doreen M. Edelman , Abbey E. Baker , and
April 9, 2019 "Potentially Improved Tax Treatment of the New Post-Money SAFE," Tax Client Alert
Lesley P. Adamo
April 2, 2019 "How to Avoid Common IP Mistakes Made by Early-Stage Companies–Part 1: Trademarks," Lowenstein Sandler LLP
Mark P. Kesslen , and Matthew P. Hintz
March 22, 2019 "Protecting Software in the Face of an Ever-Changing Workforce," Today's General Counsel
Mark P. Kesslen
March 20, 2019 "The Parties Are Different, but the Song Remains the Same: Yet Another Attack on Real-Time Bidding," Business Law Today
Matt Savare , and
March 16, 2019 "What does the FTC’s new task force mean to data aggregators?," VentureBeat
Zarema A. Jaramillo , and Kathleen A. McGee
March 15, 2019 "Lowenstein Sandler and IAB Release a "Roadmap" for the Digital Advertising Community Regarding the California Consumer Privacy Act," The Tech Group Client Alert
Matt Savare
March 14, 2019 "Alternative data in 2019: What to watch," HFMWeek
February 4, 2019 "FINRA 2019 Monitoring and Examination Priorities Letter," Investment Management Client Alert
Ethan L. Silver , William Brannan
January 12, 2019 "U.S. tech startups face new government controls in 2019," VentureBeat
Doreen M. Edelman , and
December 27, 2018 "No More Child’s Play: The Regulatory Assault on Digital Advertising Continues," Legaltech News
Kathleen A. McGee , Matt Savare , and
December 13, 2018 "The Vectaury decision is not an obituary for digital advertising," The IAPP
Matt Savare , and
November 14, 2018 "What the Changes to CFIUS Mean to Foreign Investment," Global Trade & National Security Client Alert
Doreen M. Edelman ,
November 13, 2018 "Fear of Brave? An Analysis of GDPR Challenges to Behavioral Advertising," The Tech Group Client Alert
Matt Savare
November 9, 2018 "Fear of Brave? An Analysis of GDPR Challenges to Behavioral Advertising," Bloomberg Law
Matt Savare , and
October 17, 2018 "The Impact of GDPR and Evolving U.S. Laws," LinkedIn
Mary J. Hildebrand CIPP/US/E/AIGP
October 8, 2018 "More Commercial Lease Pitfalls for Tenants: Part Two," Commercial Property Executive
Daniel A. Suckerman , and Kimberly E. Lomot
October 1, 2018 "Another Day, Another Proposed Privacy Regulation: NJ to Emulate CA," iab
Matt Savare , and
September 25, 2018 "Another Day, Another Proposed Privacy Regulation: NJ to Emulate CA," Privacy & Cybersecurity Client Alert
Matt Savare
September 1, 2018 "Practical aspects of patenting distributed ledger-related inventions," Managing Intellectual Property
Dmitry Andreev
August 23, 2018 "The Rise of Artificial Intelligence and its Impact on General Counsel," ACC Docket
Matt Savare , and
August 21, 2018 "SCOTUS Changes To Sales Tax Will Ripple Through to PE, VC & M&A Deals Involving Retailers," Forbes
Ed Zimmerman , and Brian A. Silikovitz
August 9, 2018 "INSIGHT: The California Consumer Privacy Act’s Radical Impact on the Digital Ad Ecosystem," Bloomberg Law
Matt Savare , and
July 16, 2018 "Maximizing Insurance Coverage for Cyber Losses: Two New Decisions Highlight Potential Recovery Sources," Insurance Recovery Client Alert
July 2, 2018 "U.S. Supreme Court Rules for Privacy Protections in Requiring a Warrant to Access Cell Tower Location Data," White Collar Defense and Privacy & Cybersecurity Client Alert
Matthew M. Oliver
July 2, 2018 "How Regulation A Updates Could Benefit Smaller Reporting Companies," Corporate Counsel
John D. "Jack" Hogoboom , Alan Wovsaniker , and
May 24, 2018 "Class Action Arbitration Waivers: U.S. Supreme Court Rules for the Employer," Employment Counseling & Litigation Client Alert
Julie Levinson Werner
May 22, 2018 "Identifying & Avoiding Commercial Lease Pitfalls: Part One," Commercial Property Executive
Daniel A. Suckerman , and Kimberly E. Lomot
May 9, 2018 "New Jersey Mandates Statewide Paid Sick Leave," Employment Counseling & Litigation Client Alert
Amy Komoroski Wiwi
May 7, 2018 "New Jersey at the Forefront: The State Enacts Broad Pay Equity Law," Employment Counseling & Litigation Client Alert
Amy Komoroski Wiwi , Amy C. Schwind
April 19, 2018 "New York Addresses Sexual Harassment in the Workplace," Employment Counseling & Litigation Client Alert
April 2, 2018 "GDPR fines: How can you be sure you’re insured?," Business Insurance®
March 20, 2018 "Unique Office-Leasing Issues For Tech Companies: Part Two," Law360®
Daniel A. Suckerman
March 19, 2018 "Unique Office-Leasing Issues For Tech Companies: Part One," Law360®
Daniel A. Suckerman
March 6, 2018 "DOJ Extends Self-Disclosure, Leniency Practices of FCPA Enforcement to Other Criminal Matters," White Collar Defense Client Alert
Michael B. Himmel
February 1, 2018 "A Policyholder's Guide to IoT Claims Coverage," Risk Management
January 29, 2018 "6 Not-So-Obvious Considerations for Lease Term Sheets," Law360®
Daniel A. Suckerman
January 25, 2018 "The Subsequent New Value Preference Defense for Services: A Practical Approach," Business Credit®
Bruce S. Nathan , and Eric Chafetz
January 10, 2018 "Get Smart: Automating Business Agreements with Blockchains and Smart Contracts," Global Banking & Finance Review®
Matt Savare , and
December 12, 2017 "IoT coverage: A patchwork quilt with potential holes," Business Insurance
Lynda A. Bennett
December 6, 2017 "Coders Beware: Licensing Issues Abound for Ether Apps," CoinDesk
Matt Savare , and
November 15, 2017 "Have You Conducted Workplace Anti-Harassment Training Yet?," Employment Counseling & Litigation Client Alert
Julie Levinson Werner
November 13, 2017 "One Lesson from Wannacry: Look to Insurance to Minimize the Risk of Ransomware Attacks," ABA Corporate Counsel Practice Points
November 6, 2017 "House Bill Includes Significant Changes to Executive Compensation Aspects of the Internal Revenue Code," Employee Benefits & Executive Compensation Client Alert
Darren Goodman , Christine Osvald-Mruz , Andrew E. Graw
November 1, 2017 "Inflection Point for VR?," Intellectual Property Magazine
Matt Savare , and
September 29, 2017 "Ransomware, Cyber Insurance and Cryptocurrency: Are You Covered?," Information Age
Matt Savare , Eric Jesse , and
September 18, 2017 "Breaking News: Is California's Law on NonSolicits Changing After Rocine vs. Fidelity?," Forbes Tech
Anthony W. Raymundo , Julie Levinson Werner , and Ed Zimmerman
August 29, 2017 "Foreign Investors Should Not Let Fear of CFIUS Limit Investment in US Manufacturers," IndustryWeek
Doreen M. Edelman , and
August 27, 2017 "Stock Options: VC-Backed Startups Extend Post-Termination Exercise Period (PTEP)," Forbes Tech
Ed Zimmerman , and James E. Gregory
August 27, 2017 "Stock Options for Startups, Founders & Board Members: ISOs vs. NSOs," Forbes Tech
Ed Zimmerman , and James E. Gregory
August 15, 2017 "Cybersecurity 2: Insights from OCIE's Recent Round of Cybersecurity Exams," Investment Management Client Alert
Scott H. Moss
August 2, 2017 "How to Handle Alternative Data Insider Trading Risks," HFM Week
July 27, 2017 "Why Trump's North Korea sanctions make business with China tricky," The Hill
Doreen M. Edelman , and
July 14, 2017 "Leveling the Playing Field With Patent Pro Bono," Daily Journal
Benjamin A. Kimes
June 30, 2017 "SEC Expands Use of Confidential IPO Filings," Capital Markets & Securities Client Alert
Alan Wovsaniker , John D. "Jack" Hogoboom
June 12, 2017 "What Can I Find Out About a Company From Its Website?," Bloomberg Law
John D. "Jack" Hogoboom , and
June 5, 2017 "New DFS Cybersecurity Regulations Are Here: Will Your Insurance Protect You?," New York Law Journal
May 24, 2017 "A stronger NAFTA will boost US economic power against China," The Hill
Doreen M. Edelman , and
May 22, 2017 "Top Cyber-Risk Issues -- Takeaways from the National Center of Cybersecurity Excellence Speaker Series," LinkedIn
Mary J. Hildebrand CIPP/US/E/AIGP
May 9, 2017 "Advice to Cyber Insurance Buyers: You Are Not Alone," CFO
Lynda A. Bennett
May 8, 2017 "Is Insurance Part of Your Plan for Responding to a Data Breach? Hint: It Should Be," ABA Corporate Counsel Spring Newsletter
March 15, 2017 "Panacea or a Short-Term Rescue?," Intellectual Property Magazine
Eric Chafetz
March 1, 2017 "Results Of USPTO Post-Prosecution Pilot Look Promising," Law360
Sam Noel
February 28, 2017 "Countdown to GDPR – What's the Word on WP29's Recent Guidance?," LinkedIn
Mary J. Hildebrand CIPP/US/E/AIGP
February 24, 2017 "4 smart ways to improve NAFTA," The Hill
Doreen M. Edelman , and
January 27, 2017 "Who really benefits from free trade? American companies and workers.," The Hill
Doreen M. Edelman , and
January 23, 2017 "Is Cybersecurity at the Top of Your List for 2017? If So, You're on the Right Track," LinkedIn
Mary J. Hildebrand CIPP/US/E/AIGP
January 17, 2017 "Insurance 101 for Tech Companies," Tech GC Blog
Lynda A. Bennett , and Eric Jesse
January 1, 2017 "A General Overview of the Treatment of Intellectual Property Licenses in Bankruptcy," CRF News
December 16, 2016 "European Union - Article 29 Working Party Releases Guidance on Key Elements of GDPR," Privacy and Information Security Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
December 1, 2016 "Important Change to Copyright Safe Harbor," Corporate Counsel
Matthew P. Hintz , Matt Savare , and
November 17, 2016 "Beyond HTML5 and Java: What Developers and Publishers Need to Know When Creating Mobile Health Apps," Healthcare Business Today
Mary J. Hildebrand CIPP/US/E/AIGP , Matt Savare , and
September 12, 2016 "Open Source Software a Core Competency for Effective Tech M&A," IP Watch
Mark P. Kesslen
August 3, 2016 "Social Media Sites' Infringement Remedies Another Reason to 'Favorite' Trademark Registration," Legaltech News
Vanessa A. Ignacio , and Matthew P. Hintz
July 29, 2016 "Terms of Misuse: Class Plaintiffs Exploit Obscure New Jersey Law, Creating E-Commerce Havoc," Westlaw Journal
Matt Savare , Gavin J. Rooney , and
July 13, 2016 "US-EU Privacy Shield Adopted," Privacy and Information Security Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
June 29, 2016 "Brexit and EU Data Protection: Assessing the Impact for US Organizations," Privacy and Information Security Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
April 29, 2016 "EU Data Protection Update: Landmark General Data Protection Regulation Passes Final Hurdle and Regulators Weigh In on Privacy Shield," Privacy and Information Security Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
April 13, 2016 "Why Health Care Cos. Can Expect More HIPAA Probes," Law360
Mary J. Hildebrand CIPP/US/E/AIGP
April 11, 2016 "Beware the OCR," Privacy and Information Security, Health Care Litigation, Investigations & Compliance, Life Sciences Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
April 5, 2016 "Social Media: The New Reality for Credit Professionals," CRF News
Bruce S. Nathan , and Mary J. Hildebrand CIPP/US/E/AIGP
March 17, 2016 "Beware: Native Advertising Regulators Have Finally Grown Restless," AdExchanger
Matt Savare , and
March 3, 2016 "Proposed Privacy Shield Imposes Significant New Obligations on US Companies," Privacy and Information Security Client Alert
Mary J. Hildebrand CIPP/US/E/AIGP
October 31, 2015 "What Startups Need to Know About the Safe Harbor Ruling in Europe," TechCrunch
Mary J. Hildebrand CIPP/US/E/AIGP
October 19, 2015 "The Euro Court of Justice Safe Harbor Ruling Should Spur Careful Planning," Corporate Counsel
Mary J. Hildebrand CIPP/US/E/AIGP
September 11, 2015 "Privacy Rights, Free Speech, and The EU's Bid to Reach Beyond Its Borders," Forbes
Mary J. Hildebrand CIPP/US/E/AIGP
August 1, 2015 "A Haystack in a Hurricane: Right of Publicity Doctrine Continues to Clash With New Media," The Computer & Internet Lawyer
Matt Savare , and
May 1, 2015 "Right of Publicity Issues in Emerging Media," Los Angeles Lawyer Magazine
Matt Savare , and
December 10, 2014 "Producers Beware: When Waivers and Releases Don't Work," Law360
Matt Savare , and
June 6, 2014 "Time To Ditch Traditional Methods In Merger Probes," Law360
June 1, 2014 "Automatic for the People," Electronic Retailer
Matt Savare , and
January 1, 2012 "Acqui-Hires for Growth: Planning for Success," Venture Capital Review
Marita A. Makinen , and Anthony W. Raymundo

IN THE MEDIA

April 26, 2025 April 26, 2025
Ryne Miller, partner and Chair of Lowenstein’s Commodities, Futures & Derivatives Group, and Co-chair of Lowenstein Crypto, tells The Wall Street Journal that he expects “more tie-ups this year between traditional financial firms and crypto companies,” as well as more “acquisitions by crypto businesses looking to add regulatory licenses or expand their U.S. customer base.”
April 1, 2025 April 1, 2025
In Law360’s analysis of Thomson Reuters’ claims of copyright violations by Ross Intelligence, for using its Westlaw materials to train its AI system, Bryan Sterba comments on why Ross highlighted the issue of exactly how much Westlaw material was used in training Ross’s AI, despite the historical lack of importance in a ‘fair use’ analysis. Sterba says: "The reason why [Ross] focused on the .076% and why it's there at all… is because that was a factor the [lower] Court said does weigh in ROSS's favor.”
March 18, 2025 March 18, 2025
In Cybersecurity Dive’s coverage of the reinstatement of terminated employees of the Cybersecurity and Infrastructure Security Agency (CISA), Amy S. Mushahwar, partner and Chair of Lowenstein’s Data, Privacy & Cybersecurity practice, says: “It is incredibly important for CISA to be able to perform threat analysis and vulnerability alerting capabilities,” adding that private-sector organizations heavily depend on these key services provided by CISA.
March 7, 2025 March 7, 2025
In Lexology, Kathleen A. McGee describes how companies can mitigate the privacy and antitrust risks in personalized pricing by providing transparency, obtaining consent, and avoiding discriminatory outcomes. McGee says: “One [best practice] is ensuring that the origin of the data they are using for personalized pricing has been acquired on a permissioned basis. That is because oftentimes data brokers may push out easy-access data that may not have been obtained permissibly on the consumer side.” She continues: “It’s important that it is permissioned. Particularly when it comes to California law [and] European law, but increasingly we see trends in ensuring the data is clean data.” McGee further stresses the importance of only using data for specific purposes and eventually deleting it.
March 6, 2025 March 6, 2025
News from S.J. Quinney College of Law at University of Utah features the Bench to Bedside (B2B) program, where practicing IP lawyers like Sam Noel and Jordan Cobabe advise law students on how to patent medical innovations. Noel says: “One of the beautiful things about this program is that it’s geared toward walking groups through the innovating and prototyping process so that they can come up with great inventions.”

Cobabe was a fellow in B2B for two years while attending law school at Quinney. He says: “Serving as a law fellow for the Bench to Bedside competition allowed me to engage with passionate inventors and learn about their brand-new medical innovations. With the responsibility of helping teams prepare provisional patent applications, I gained valuable hands-on experience in drafting patents.”
February 25, 2025 February 25, 2025
In a Yahoo! Finance article looking at the performance of crypto markets during the first few months of President Trump’s presidency, Ryne Miller, partner and Chair of Lowenstein’s Commodities, Futures & Derivatives group and Co-chair of Lowenstein Crypto, discusses different potential growth vectors for the industry: "If crypto is still a thing next week—and it will be—the most important place to watch for new money coming into the sector is Wall Street, particularly the money center banks.”
January 30, 2025 January 30, 2025
Ryne Miller, partner and Chair of Lowenstein’s Commodities, Futures & Derivatives Group and Co-chair of Lowenstein Crypto, comments in Bloomberg Law on the Commodity Futures Trading Commission (CFTC) and its potential approach to regulating a widening scope of event contracts listed by exchanges (such as political election contracts and sports related contracts). “The Kalshi litigation [which involves the ability to bet on political / election based event contracts] is very important, and what the CFTC might want is the ability to put out some guidance around what it expects when listing event contracts,” says Miller.
January 23, 2025 January 23, 2025
Amy S. Mushahwar, partner and Chair of Lowenstein’s Data, Privacy & Cybersecurity practice, comments in Law360 on how identifying attackers and vetting third-party vendors can help organizations better protect themselves from the rise in foreign cyberattacks on both government agencies and private companies. Mushahwar says: “Identifying an attacker can … help companies handle breaches as they unfold. Determining if a threat is state sponsored can provide companies under siege with both the attack profile and its aims—a valuable opportunity to catch up and even get ahead of a breach.” She adds: "That can help you identify what logs need to be reviewed first, to help you pick up the breadcrumbs of an attack. Sometimes you will not be able to attribute an attack, and you're flying blind."

Mushahwar continues: "Supply chain and vendor security has been an issue since the beginning of cybersecurity, but we're now seeing exploits of technology that are fundamental to the operations of companies… A single vulnerability [can] potentially give threat actors access to thousands of companies. With increasingly stringent and widespread reporting requirements, such breaches can quickly rack up significant costs.” (subscription required to access article)
December 30, 2024 December 30, 2024
In Inc.’s article on “How AI Will Shape Search in 2025,” Mark P. Kesslen, partner and Chair of Lowenstein’s Intellectual Property Group, says: “All companies working with AI models should be laser-focused on establishing legal claims to the data used to train and run those models.” Kesslen points out that “investors…who are writing bigger checks with bigger valuations are going to take a closer look at your data practices,” noting that he has seen acquisitions derailed when the target was found to have scraped data from the internet.
October 22, 2024 October 22, 2024
Bryan Sterba talks to Law.com about Dow Jones’ and the New York Post’s suit against Perplexity AI over alleged misuse of copyrighted works, noting that this case is novel in its use of “the Lanham Act to argue that erroneous information created by such systems, ‘is diluting the plaintiffs' trademarks and tarnishing their brands” and is another example of the need for “clarity [on copyright fair use defenses] so that these AI companies can continue to innovate.”
July 29, 2024 July 29, 2024
Matt Savare, Chair of Lowenstein’s Commercial Contracts practice and Vice Chair of Lowenstein Crypto, is interviewed on the podcast The Price of Business about the implications of computer-generated content—particularly when it is used to create deep fakes and misappropriate an individual’s persona, as seen in recent controversies where bots were made to sound like Scarlett Johanssen and Tom Hanks. Savare discusses how companies seeking to use AI in their marketing should be mindful of potential pitfalls and liability, and how the United States should take the lead in regulating this transformational technology to ensure it is used responsibly.
May 20, 2024 May 20, 2024
Christopher W. Gerold, partner in Lowenstein’s Securities Litigation, Corporate Investigations & Integrity, and Crypto practices and former Chief of the New Jersey Bureau of Securities, is interviewed on CNBC about the Consensys lawsuit against the SEC, which he predicts will have a significant impact on the crypto industry. Gerold says “I suspect that, because of the proof of stake concept that changed in 2022 with Ethereum, [the SEC is] going to take the position that it is a security.”
April 16-19, 2024 April 16-19, 2024
Law360 reports on the launch of Lowenstein AI, a chatbot to help external users navigate the firm's website. Mark P. Kesslen, Chair of Lowenstein's Intellectual Property group, says: “Our firm's decades-long focus on the technology sector gives us unparalleled experience in guiding clients through uncharted regulatory landscapes in disruptive industries like crypto, fintech and now AI. Our new chatbot illustrates that at our firm, we practice what we preach: we not only advise companies on leveraging cutting edge technology to their advantage, but we strategically employ that technology ourselves." Kevin Iredell, Lowenstein Sandler's Chief Marketing Officer, adds: “We are thrilled to be leading the charge as one of the first major law firms in the country to implement generative AI to help clients and other website users efficiently find the targeted answers they seek or the specific lawyers they want to contact.”

Law.com also quotes Lowenstein's Chief Operating Officer Michael Caplan, who says: "We understand our clients’ objectives and challenges regarding AI technology because we are immersed in it ourselves; therefore, we are ideally suited to counsel companies who want to harness the potential of this groundbreaking technology."
February 7, 2024 February 7, 2024
William Brannan, partner and Vice Chair of Lowenstein Crypto, talks with Fortune Crypto about Prometheum’s plans to launch custodial services for Ether, the potential regulatory implications, as well as the current state of the industry. While Brannan acknowledges that Prometheum’s launch could upend the industry, given the length of time the industry has been clamoring for regulatory certainty, “that clarity wouldn’t be the worst thing.”
February 5-6, 2024 February 5-6, 2024
News of Amy S. Mushahwar‘s move to Lowenstein Sandler as partner and chair of its Data, Privacy & Cybersecurity practice was covered by Politico, Bloomberg Law, Reuters, The National Law Journal, and Law360. Mushahwar tells Law360 that she is excited to work “with direct venture companies or the venture offerings of very established companies… I get to see the greater development of [artificial intelligence], greater development of emerging tech, and really the phenomenon that we've seen for the past 20 years, which is, the greater velocity of the processing of data.”

Mary J. Hildebrand CIPP/US/E, founder and Chair Emeritus of the practice who will work alongside Mushahwar, tells The National Law Journal that “We have twenty-plus different states with AI laws pending. … We’re going to continue to have many challenges assisting our clients and ensuring they comply [with those laws] even as many of them, large and small … thrive on the bleeding edge of technology. The practice itself is now very complex.”

“There’s not a company that doesn’t require [this] kind of service,” Mushahwar adds. “We need fewer and fewer generalists and more specialty areas such as financial services, national security, AI, emerging tech, trade.”
January 15, 2024 January 15, 2024
Bryan Sterba comments in Cointelegraph on the legal battle between the New York Times and OpenAI and Microsoft, in which the newspaper publisher claims the tech companies violated its copyright to its content. Sterba explains that OpenAI is advocating for a broad interpretation of the “fair use” defense, which is “basically a public policy argument” to encourage the development of artificial intelligence. He adds that OpenAI’s argument by OpenAI that it will provide publishers with the option to opt out of being used for data collection “will be cold comfort for NYT and other publishers, as they do not have any insight into what portions of their published copyrighted material have already been scraped by OpenAI.” The article also ran in Financial World.
January 3, 2024 January 3, 2024
Eric Weiner tells Food Business News that the food tech investment outlook appears positive, after last year’s slowdown. “The market was very, very founder favorable for a long time and reached a high point around nine quarters ago… it’s now swung too far in the other direction."

Weiner adds that more rational valuation and less cautious investors makes him “bullish about the market in 2024.”
January 3, 2024 January 3, 2024
In a two-part article in Cybersecurity Law Report, Mary J. Hildebrand CIPP/US/E, partner, founder and Chair of Lowenstein’s Privacy & Cybersecurity practice, discusses how companies should adapt their cyber programs in light of the recent amendment to the New York Department of Financial Services’ cybersecurity regulations. First, Hildebrand advises that “the CISO should gather information and begin talking points for leadership as a gap analysis proceeds;” then, she says, the CISO should “take the existing checklist and go through the new rules with the dates of implementation, and slot in the new requirements.” Hildebrand adds that company boards of directors should “make sure the CISO has the money and other resources to develop and implement the cybersecurity program.”

Companies should also consider increasing the frequency of their vulnerability scanning, Hildebrand continues, observing that “centralizing and managing vulnerability reports… an area where companies could do a lot better,” She also suggests that documentation from outside vendors and affiliates be “part of the material that a CEO may need to consult before certifying compliance.” (subscription required to access article)
November 22, 2023 November 22, 2023
Ethan L. Silver, partner and Chair of Lowenstein’s FinTech and Broker-Dealer practices and Co-chair of Lowenstein Crypto, tells Coindesk that Binance’s deal with the Department of Justice may give the crypto exchange a chance to start over, noting that: “The settlement was the only option to continue the business.” Silver adds: “Presumably, they think the business will be able to be cleaned up and operate on a compliant basis going forward with a great opportunity to continue its significant monetization.”
September 28-October 2, 2023 September 28-October 2, 2023
Law.com, Law360, Legal Dive, Law Tech Daily, and Investors Observer report on Lowenstein Sandler’s recent report, “Aware but Wary: In House Counsel on the Power of Generative Artificial Intelligence,” published in collaboration with the Association of Corporate Counsel - New Jersey and authored by Mary J. Hildebrand CIPP/US/E, founder and Chair of the Privacy & Cybersecurity practice at Lowenstein; Kevin Iredell, the firm’s Chief Marketing Officer; and Bert Kaminski, Director, Legal - Google Cloud. Hildebrand tells Law.com that “lawyers who aren’t comfortable with AI may soon see pressure from their organizations to use it,” adding: “As improved data around the use of generative AI is released, firms and businesses will be more inclined to leverage these programs for their operations in the coming years.” (subscription required to access some articles)
July 18, 2023 July 18, 2023
Kathleen A. McGee talks to Blockworks about how investigators with the Southern District of New York (SDNY) caught Shakeeb Ahmed, also known as the Crema hacker, in one of the first criminal cases involving an attack on a smart contract. Ahmed apparently made some errors funding his crypto wallets and in his conversions using the exchange Gemini. McGee says that “Gemini in particular is regulated under New York state laws, and it could have been legally compelled to hand identifying information to the investigators;” adding: “If I was the (SDNY), I would have subpoenaed directly to the exchange.”
June 16-20, 2023 June 16-20, 2023
On June 16, 2023, Lowenstein Crypto and Rutgers Law School hosted a symposium entitled “Regulating Crypto: Perspectives from Key Stakeholders,” that featured U.S. Securities & Exchange Commission (SEC) Director of the Division of Enforcement Gurbir S. Grewal addressing the SEC’s heightened scrutiny of crypto firms in response to the industry's failure to comply with the agency's regulations.

Fortune reports that the SEC has filed lawsuits against major cryptocurrency platforms Binance and Coinbase, expanding its oversight of digital assets, while defending its enforcement actions as necessary to address the risks posed by the crypto industry, including fraud and noncompliance. “What we’re doing is enforcing existing rules and regulations,” Grewal said. “Folks just really don’t like the application of the rules to their particular projects … It’s not picking winners or losers. It’s about protecting people who are getting smoked.”

According to Reuters, both Binance and Coinbase have refuted the accusations of alleged regulation violation, asserting that the SEC has abandoned “efforts to cooperate and come to a resolution,” and adopted a more rigid approach towards resolving matters with crypto companies, which they attribute to the FTX scandal in late 2022. "We have worked thoughtfully and incrementally in this space," Grewal said on Friday. "Typically you'd also see compliance but we're not seeing that in this space, so we had to change strategies."

In addition to Grewal’s comments, the event included a panel moderated by Lowenstein partner Christopher W. Gerold, former Chief of the New Jersey Bureau of Securities, that addressed how crypto-companies are navigating in the fluid regulatory environment. Partner Ethan L. Silver; co-Chair of Lowenstein Crypto and Chair of the firm’s Broker-Dealer and FinTech practices, also sat down with Coinbase Chief Policy Officer Faryar Shirzad to discuss crypto-related policy considerations in the U.S. and abroad.

Law360, TechCrunch, Cointelegraph, U.S. News & World Report, Blockworks, Coindesk, InsideBitcoins, Investing.com, Crowdfund Insider, MSN, Yahoo! Finance, Bitcoinik, FX Street, Securities Docket, and Crypto Globe also covered the event. (subscription required to access some articles)
June 13, 2023 June 13, 2023
Anthony W. Raymundo, Office Managing Partner of Lowenstein’s Palo Alto office, is featured in Law.com, describing his career path from associate in the firm’s Tech Group to his current leadership role. He discusses his mission “to expand the Lowenstein brand across the Silicon Valley region and beyond,” and advises junior attorneys to “be as active as possible in establishing and growing your career by constantly expanding your network, learning new skills, exploring new opportunities, and nurturing relationships.”

Raymundo says he is excited “to see tools that leverage Artificial Intelligence (AI) to assist with making common tasks in the legal industry more efficient... I’m excited to see how technology will continue to develop and what new innovations we can’t even imagine today will arise, causing the legal industry to learn and adapt as we service clients in those areas.”
June 12, 2023 June 12, 2023
Attorney at Law Magazine highlights the Lowenstein Center for the Public Interest’s partnership with Rising Tide Capital and New York University Law School. The long-running program designed by partner Raymond P. Thek and former Center chair Ken Zimmerman, gives law students and young lawyers hands-on experience advising under-resourced entrepreneurs, while at the same time offering high-quality legal services that contribute to the transformation of lives and communities.
May 25, 2023 May 25, 2023
Rossie E. Turman III, Chair of the firm’s International Finance group and co-Chair of its Africa Practice, comments in The Financial Times on the rapid growth of the pay-as-you-go model of off-grid solar energy on the African continent, noting: “It is actually solving a need in homes in areas with no long-term hope that they’re actually going to get electrified.”
May 12, 2023 May 12, 2023
In Info Risk Today, Kathleen A. McGee, partner in Lowenstein’s White Collar Defense group and Emerging Companies & Venture Capital (fka, The Tech Group), and former bureau chief of the New York attorney general’s Bureau of Internet and Technology, addresses proposed federal rules prohibiting disclosure by healthcare organizations to law enforcement of patient information related to obtaining or providing an abortion. “If enacted, it will address longstanding loopholes in healthcare privacy,” says McGee.
April 26, 2023 April 26, 2023
In Quartz, Kathleen A. McGee, partner in Lowenstein’s White Collar Defense practice and Emerging Companies & Venture Capital (fka, The Tech Group) and former bureau chief of the New York Attorney General’s Bureau of Internet and Technology, warns that Elon Musk’s inconsistent application of check marks on Twitter Blue indicating verification could present certain regulatory issues because it “effectively implicates celebrities in a marketing campaign,” She adds that “it could also bring up questions of whether Twitter is misappropriating the likeness of certain celebrities for the company’s gain, for which those celebrities could personally sue.”
April 21, 2023 April 21, 2023
Laura Fraedrich gives a video interview on SupplyChainBrain about the proposed RESTRICT (Risk Information and Communications Technology) Act, a bipartisan effort inspired by concerns over TikTok that seeks to address data vulnerabilities arising from ownership of technology owned by foreign adversaries such as China, Cuba, Iran, North Korea, Russia, and Venezuela. RESTRICT “would apply to the use of suspect foreign technology by businesses and individuals as well,” Fraedrich says, noting that the proposed law would extend to any transactions related to national security. “The effect would be that you never get access to that foreign technology to use in the first place.”

Fraedrich adds that the technology in question “has never yet been accused of having some sort of incident related to national security. Whereas domestic systems have been used for cybersecurity [attacks] and espionage.”
March 3, 2023 March 3, 2023
Kathleen A. McGee, former director of the New York City Office of Special Enforcement, comments to Bloomberg about that agency’s attempts to restrict Airbnb short term rentals. In an article detailing New York’s high number of illegal listings and unpaid fines, McGee says that “[tightening rules on these kinds of rentals] has been on the city’s radar for over 10 years.” (subscription required to access article)
February 10, 2023 February 10, 2023
In Bloomberg Tax, Christopher W. Gerold, former Chief of the New Jersey Bureau of Securities, explains the state’s new Digital Asset and Blockchain Technology Act (A2371/S1756), which establishes a licensing process for businesses that accept, store, trade, lend, or issue digital assets; and imposes certain record-keeping and disclosure duties on brokers, exchanges, and investment firms. Gerold notes that the bill “shift[s] primary authority for regulation to the New Jersey Bureau of Securities from the Department of Banking and Insurance” in what Bloomberg describes as one of the most comprehensive regulatory regimes in the country proposed for crypto.
February 9, 2023 February 9, 2023
Matt Savare comments in the New York Post that—in connection with brand safety in the digital ad industry—the list of prohibited content has grown dramatically in recent years, and now includes “disinformation,” which has had a chilling effect on certain types of content/viewpoints.
February 4, 2023 February 4, 2023
Matt Savare, partner in Lowenstein’s IP & Tech Transactions and the Emerging Companies & Venture Capital, chair of its Commercial Contracts practice, and Vice Chair of Lowenstein Crypto, comments in Law360 on the suit filed by pop singer Rick Astley alleging a violation of his right of publicity under California state law by rapper Yung Gravy who used an impersonator imitating Astley’s voice from the hit “Never Gonna Give You Up” on Gravy’s song, "Betty (Get Money).” Savare doubts that Astley’s suit details a sufficient cause of action, saying: "Here, the plaintiff does not allege any commercial use of his voice, so it may be difficult to win on a publicity claim.”
February 1, 2023 February 1, 2023
Kathleen A. McGee, former Bureau Chief of the New York Attorney General’s Bureau of Internet and Technology, discusses the National Institute of Standards and Technology’s newly released AI Risk Management Framework in Bloomberg Law, calling it a “harbinger of things to come from the regulatory perspective.” She adds: “I think you can expect regulators to turn to things like this NIST framework for action plans, really, on how to evaluate whether or not a particular entity becomes a target.”
January 19, 2023 January 19, 2023
M&A Navigator and Private Equity Wire report on Lowenstein’s representation of Abacus Group in the acquisition of two boutique cybersecurity consulting companies, Gotham Security and its parent company, GoVanguard. Abacus is the leading provider of hosted IT services and solutions to alternative investment firms. The Lowenstein deal team included Brendan J. Koeth, Fernando Burman, Storme McKop, Tolulope Adetayo, Oluwaseyi O. Amorin, Jessica I. Kriegsfeld, Darren Goodman, Rachel Ingwer, Mark P. Kesslen, Manali Joglekar, and Anthony O. Pergola.
January 10, 2023 January 10, 2023
Law360 reports that Anthony W. Raymundo has been named managing partner of the firm’s Palo Alto office. Lowenstein Chair and Managing Partner Gary M. Wingens says: "Anthony's experience in tech and venture capital investment make him a natural choice to strengthen the impressive foundation Lowenstein Sandler has built over the last 14 years in the heart of the technology industry.” The story was also reported by Reuters, Bloomberg Law, Daily Journal, and Attorney-at-Law.
January 10, 2023 January 10, 2023
Meredith Beuchaw and Ed Zimmerman of Lowenstein’s Tech Group provide input on best practices and considerations for startup founders in the M&A process in an article in TechCrunch by Vishal Lugani, general partner and co-founder at Acrew Capital. The article provides a suggested timeline to accommodate the need for startups to build relationships with potential acquirers, comply with governance requirements, conduct due diligence, and negotiate key deal terms; it also recommends the best way to choose an acquirer, reach consensus among stakeholders, manage legal issues, and maintain momentum towards closure. (subscription required to access article)
December 23, 2022 December 23, 2022
Law360 included Matt Savare’s article “Exploring Publicity Rights For Virtual Avatars” in its list of top guest articles about the metaverse in 2022. Savare addressed the intellectual property issues raised by advertising in the virtual world, and whether a right of publicity claim could one day be brought for the unauthorized use of an avatar.
November 11, 2022 November 11, 2022
Kathleen A. McGee, partner in Lowenstein’s White Collar Defense practice and Emerging Companies & Venture Capital (fka, The Tech Group) and former Bureau Chief of the New York Attorney General’s Bureau of Internet and Technology, discusses with Quartz possible violations by Elon Musk of consent decrees between Twitter and the Federal Trade Commission (FTC) concerning the company’s use of personal data. Musk’s recent announcement of “self-certification” of compliance may expose the company to onerous fines and more, says McGee. She says: “It is not just about risking punitive financial damages… It is about setting precedent and giving a powerful regulator—and frankly legislators—ammunition to further pursue legal action that restricts a company’s ability to innovate or come up with new applications.” The article also ran on Yahoo Finance.
October 26, 2022 October 26, 2022
Madhumita Datta, Ph.D. is interviewed in The Hot Seat about how and why she became a patent attorney, her advice for others entering the field, and the challenges and opportunities facing women attorneys in the technology sector. She also describes her pro bono work on behalf of WANDA (Women Advancing Nutrition, Dietetics and Agriculture), a non-profit organization that focuses on promoting healthy eating among African American diaspora harnessing ancestral food knowledge.

Datta emphasizes the importance of “science/engineering knowledge, ability to pick up a new area of technology fast, and interpersonal skills to connect with the inventors, in-house counsels, and the patent office Examiners” for effective patent prosecution. She also encourages inventors to “envision and communicate to the patent attorney all reasonably possible modifications of their current invention to have a broader scope of patent protection, because technology moves fast, and typical shelf life of a patented product is shortening compared to what it was 20 years ago.”
October 25, 2022 October 25, 2022
In Global Data Review, Kathleen A. McGee, former Bureau Chief of the New York Attorney General’s Bureau of Internet and Technology and author of New York State’s SHIELD Act on data security, discusses the settlement reached between the FTC and Drizly after the latter’s significant data breach. The settlement not only requires Drizly to destroy any unnecessary personal data and implement a mandated security program, but also requires the company’s CEO to implement an information security program at any future company where he is majority owner, chief executive, or senior officer, if the company collects information from more than 25,000 individuals. McGee calls the settlement “outstanding," but “unsurprising,” especially in light of the recent conviction of Uber's former chief executive for a similar data breach. (subscription required to access article)
October 18, 2022 October 18, 2022
Law.com interviews Bryan I. Reyhani on joining the firm and his decade of experience as a crypto lawyer, management consultant, and entrepreneur. Reyhani says he “anticipates rising demand for counsel among Lowenstein’s cryptocurrency clients as the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority regulate the industry through enforcement actions.” He also believes “Lowenstein’s crypto practice will see rising activity from entrepreneurs hoping to capitalize on the crypto winter.”
October 12, 2022 October 12, 2022
Matt Savare discusses Bethenny Frankel’s suit against TikTok in World Intellectual Property Review, calling it “an interesting case to follow” in light of the U.S. Supreme Court’s recent decision to consider scope of liability under Section 230, a section of the Communications Decency Act, that generally provides immunity for website platforms with respect to third-party content. Savare says: “TikTok will almost certainly argue that Section 230 shields it from liability, but that defense may not be availing, as at least one Circuit Court (the Third Circuit) has held that Section 230 does not provide immunity to state right of publicity claims, see Hepp v Facebook,” He adds: “It is interesting that Frankel did not allege some form of indirect liability, such as contributory infringement.” Savare counsels clients on right-of-publicity issues, and regularly negotiates endorsement, sponsorship, and personal appearance deals for athletes, celebrities, and major brands.
October 11, 2022 October 11, 2022
Kathleen A. McGee, former Bureau Chief of the New York Attorney General’s Bureau of Internet and Technology and author of New York State’s SHIELD Act on data security, discusses executive obligations to disclose data breaches in Global Data Review in light of the recent conviction of Uber’s former Chief Security Officer for obstructing justice. McGee notes: “Lying to investigators about matters regardless of if they are [concerning] security or something else is itself a federal offence, … Plainly put, this should be a path no one should have to cross again but it certainly should be a reminder, [of whether] you are in the middle of an investigation with a state or federal regulator, you must take that seriously and you must not conceal.” She adds that requiring data professionals to report to the chief executive, chief legal officer, and board of directors regarding data security incidents “requires the C-suite to effectively take responsibility for data security going forward.”
October 11, 2022 October 11, 2022
In The Information, Eric Weiner discusses the recent trend of “up rounds in name only:” financing that guarantees investors high rates of return in worst-case scenarios. Weiner counsels startup and emerging growth companies across all industries and stages as well as the angel, venture, and growth equity funds that invest in them.
October 3, 2022 October 3, 2022
Above the Law describes the online PLI course “Dealing with Unsolicited Receipt of Confidential or Privileged Information: How Should a “Receiving” Attorney Respond?,” in which Kathleen A. McGee and others discuss how attorneys should handle inadvertent electronic disclosures, metadata, and claw backs. McGee notes that “states usually have guidance for reaching out to opposing counsel. [and] of course, receiving attorneys also have an obligation to their clients;” adding: “If you think it’s too prejudicial to your client to not use in some way you can seek some kind of agreement…If you ask first, you can have more than just an honor system. You can have an agreement.”
September 26, 2022 September 26, 2022
Law.com interviews Michael G. Gordon on how being mentored, and mentoring others, has positively impacted his career. “The role of a mentor is something you surely set out to take, and doing so produces rewards more than one can imagine,” says Gordon, who is being honored by the New Jersey Legal Awards for his contributions as a Mentor and Advisor at Seton Hall, where he mentors countless undergraduate and law students, and serves as the Founder of its Minority Pre-Law Organization. “Having such a strong mentor [as Professor Denis McLaughlin from Seton Hall Law School] helped me realize the value of mentorship and instilled in me the passion to give back and pay it forward. I knew there were so many students just like me who may have been interested in the law, but who had no idea how to start along the right path, how to excel in law school, and how to be the best attorney one can be.” He adds: “It all makes it worthwhile when, years later, my students still stay in touch and keep me abreast of their lives, both personally and professionally.”
September 23, 2022 September 23, 2022
Mary J. Hildebrand CIPP/US/E, partner, founder and chair of Lowenstein Sandler’s Privacy & Cybersecurity practice, discusses the potential impact of the European Union’s proposed Cyber Resilience Act in Legaltech News, noting that the law is likely to affect a “… thousands of different companies. The breadth of this is very, very significant.”

The law employs a “security-by-design” approach, holding manufacturers liable for cybersecurity for the expected product lifetime or a period of five years—whichever is shorter. Hildebrand says, “That requirement is significant and could lead to unexpected consequences on the market …It may encourage companies to have a shorter life cycle for their products, so that their obligations to provide fixes, updates, new versions, to [address] vulnerabilities won’t last so long.”
September 16, 2022 September 16, 2022
In Law360, Laura Fraedrich discusses President Joe Biden’s recent executive order outlining how the Committee on Foreign Investment in the United States will consider certain national security issues in the future. Fraedrich notes that: “The combination of the order's content and context marks a turning point for the industries it singled out [such as technology and energy] and should give pause to companies that previously felt they could skip CFIUS notifications.” She adds that the new requirements “open up a world of new challenges for counsel, who must now figure out how much information the committee is looking for from their clients…in some cases, the government is likely to have more information on those factors than either of the parties to a transaction could reasonably obtain.”
September 15, 2022 September 15, 2022
Christian C. Contardo discusses in Cointelegraph whether Iran’s new policy allowing cryptocurrency for cross-border payments might be used to circumvent sanctions. Contardo sees “the scope of Iran’s potential partners as rather limited,” adding: “The ease of crypto transactions can facilitate legitimate trade, particularly in regions where traditional banking may be impractical or unreliable. But, due to the regulatory regimes involved, it is unlikely that large legitimate commercial entities would transact in crypto with Iranian counterparties unless they were seeking to hide their involvement in the transaction.” Contardo expects that U.S. regulators “will increase their scrutiny of transactions linked to countries like Iran.”
August 17, 2022 August 17, 2022
In Legaltech News, Mary J. Hildebrand CIPP/US/E, partner, founder and chair of Lowenstein’s Privacy & Cybersecurity group, says that the recent announcement by the Federal Trade Commission (FTC) that it has filed an Advanced Notice of Proposed Rulemaking seeking to establish new rules regarding online “domestic surveillance and lax data security,” adds “additional uncertainty for businesses… Right now, you’ve had companies gearing up for laws that are beginning to come online in January [of 2023] and throughout the year, like California, Virginia, Colorado, Connecticut and several others. Then you have everyone’s eye on federal legislation. Now we have the FTC, and we don’t know what their rulemaking will look like.”

Hildebrand continues: “The FTC’s materials make mention of the fact that having a set of rules would provide a greater sense of predictability, both for consumers and businesses, and I believe that to be the case…. But I think the way to accomplish that would be through congressional legislation backed up by FTC rulemaking.”
August 15, 2022 August 15, 2022
American City & County interviews Jeffrey B. Jones about the security concerns government purchasers should look out for when procuring new technology. Jones warns, “State and local governments are soft targets for ransomware actors and cyberattacks because smaller government entities often lack the resources to maintain adequate cybersecurity protections. A cybersecurity attack can take down a government system for weeks and can be extremely expensive to remedy.”

Jones provides guidance on how government purchasing professionals can avoid costly mistakes through such measures as consistent monitoring, timely updates, cooperative purchasing agreements, and skilled staffing; he also recommends seeking opinions from “knowledgeable consultants … on the support, lifecycle and security of the new technology.”
August 10, 2022 August 10, 2022
The Lowenstein Center for the Public Interest is highlighted in a Patch.com article that features the launch of Partners in Animal Welfare Inc. (PAW), a Montclair, NJ-based nonprofit that advocates for animals in crisis and promotes humane treatment through financial and program assistance, advocacy, and education. The Lowenstein team, including Steven B. Fuerst, Geena M. Caporale, Vanessa A. Ignacio, and Jenna-Marie Tracy, provided pro bono legal services to incorporate the nonprofit, secure tax-exempt status, and help with trademark issues.
July 25, 2022 July 25, 2022
In TechCrunch, Lowenstein’s Ed Zimmerman discusses “reproductive rights under the ESG umbrella” in a venture capital and private equity context. The article notes that Zimmerman “believe[s] there are ways for firms to make their stances clear: for example, by adding language in side letters” reflecting that it is important to the LP or the fund to prioritize access to reproductive health care for team members. Investors “have a choice whether to back a business that doesn’t offer birth control as part of employee health plans—and founders have an option of whether to take money from investors that fund other startups that don’t support abortion rights or access to contraceptives,” Zimmerman says. Zimmerman co-founded and chairs Lowenstein’s Tech Group; co-founded First Close Partners; is an Adjunct Professor of Venture Capital at Columbia Business School,; and cofounded and leads VentureCrush.
July 12, 2022 July 12, 2022
Mary J. Hildebrand CIPP/US/E, founder and chair of Lowenstein’s Privacy & Cybersecurity practice, discusses the National Defense Authorization Act (NDAA) for fiscal year 2023, which includes 35+ cybersecurity amendments, in CSO. Hildebrand observes that the NDAA has “a lot of really good ideas,” such as the establishment of a national digital reserve corps.
July 10, 2022 July 10, 2022
In CFO Dive, Steven E. Siesser, Chair of Lowenstein’s Private Equity practice and co-Chair of its Transactions & Advisory Group, comments on the difficult position target company CFOs find themselves in during merger negotiations, noting that CFOs “have to walk a fine line of not alienating the buyer and not alienating [their potential new boss--] the seller.”
July 5, 2022 July 5, 2022
William Brannan, Vice Chair of Lowenstein Crypto, speaks to Blockworks about the cryptocurrency industry’s future, how crypto regulations in the United States may evolve, and what crypto companies should do to stay sustainable. Brannan underscores the need for thoughtful regulation in today’s volatile marketplace; and advises crypto platforms to focus on customer education.
May 24, 2022 May 24, 2022
Doreen M. Edelman, Chair of Lowenstein’s Global Trade & National Security, talks to Export Compliance Daily about the Bureau of Industry and Security's shift towards more aggressive enforcement policies, noting that she views this as a “recommitment” to cracking down on illegal technology transfers “especially for exports to China and Russia. “

Edelman further notes that an increase in enforcement may persuade more companies to pursue voluntary self-disclosure, which not only helps with “keeping the company out of the news,” but also demonstrates that “this is not a joke, that the government takes this seriously,.” She doubts the Commerce Department will start publishing charging letters immediately: “[Commerce is] always going to keep their discretion. They're not getting rid of the pre-charging letter discussions, so there's still going to be flexibility.” (subscription required to access)
May 18, 2022 May 18, 2022
Global Legal Chronicle reports the formation of 6^th Man Venture’s second crypto fund, valued at $145 million and focused on early stage investments. 6^th Man is represented by Eric Weiner, Edward Nadel, Scott Balterman, and Jeremy Cantor.
May 16, 2022 May 16, 2022
In SevenFifty Daily, Matt Savare, Chair of Lowenstein’s Commercial Contracts practice, discusses the growing popularity of non-fungible tokens (NFTs) among alcohol brands and the legal compliance issues involved. He explains “Tokenizing, also sometimes called minting, is the process of a person placing that proof of ownership on the blockchain.”
May 13, 2022 May 13, 2022
Mary J. Hildebrand, CIPP/US/E, founder, and chair of Lowenstein’s Privacy & Cybersecurity practice, discusses an alert from top cybersecurity authorities of the "Five Eyes" countries (ASTL, CAN, UK, NZLD, US, UK) warning about an increase in malicious cyber activity targeting managed service providers (MSPs) in CSO. Hildebrand notes that the alert fails to direct MSPs to more thoroughly understand their clients’ security posture, an approach she recommends. “The reason why I recommend this deeper dive into that for MSPs is that vendor error, vendor problems, and vendor breach is a huge issue for companies. Many security incidents and data breaches derive from either employee error or, in this case, an MSP employee error, or problems with the vendor." She adds that international intelligence may have identified MSPs as vulnerable, and “perpetrators… are very skilled at picking out the weak link.”

CSO is a leading information source for chief security officers and senior executives seeking to implement effective security and risk practices while driving business forward.
April 28, 2022 April 28, 2022
Jack Sidorov tells Bloomberg Law that Elon Musk’s proposed purchase of Twitter Inc. fails to raise serious antitrust concerns. “Elon Musk is not involved in a company that either competes with Twitter or is in a vertical relationship with Twitter,” says Sidorov, “So it’s hard to see a real antitrust hook that could generate an investigation.”
April 21, 2022 April 21, 2022
Technical.ly interviews Jeffrey B. Jones on the new G-BRIDGE program, which connects startups to federal government contracts. Jones says, “This whole idea of G-BRIDGE came up based off of [my] 20 years of experience [witnessing] the difficulties the government has, with regards to coming up with innovative ways of solving problems that [the government] just doesn’t have the wherewithal or capability on its own to come up with.” He continues: “Until they’re able to iron out some of these inefficiencies that are working through the system, I think the government might potentially have some problems ultimately getting the full embrace from the commercial sector that they really want and crave.”
April 8, 2022 April 8, 2022
In Law360, Mary J. Hildebrand CIPP/US/E, founder and chair of Lowenstein’s Privacy & Cybersecurity practice, discusses the Federal Trade Commission’s increase in legal actions against companies failing to address data security issues like Log4j. Hildebrand calls the agency’s recent advisory on the subject “a shot across the bow and a very stern warning that's beginning to set the parameters on what reasonable security might mean for the commission.”
April 4, 2022 April 4, 2022
Numerous media outlets report that Matthew R. VanderGoot has joined Lowenstein as partner in the firm’s Tech Group, based in its Washington, D.C office, including Law360 (April 4, April 8), Bloomberg Law, and Reuters' The Daily Docket. Zarema A. Jaramillo, Managing Partner of the D.C. office, notes that the firm is expanding its presence in the tech and VC markets inside the Beltway: “[The] tech market in D.C. is robust and will continue to be," she says. VanderGoot adds that “the opportunity to help build out Lowenstein Sandler's D.C. tech practice served as a main attraction for … joining the firm.”
March 27, 2022 March 27, 2022
Dotan Barnea, Co-Chair of Lowenstein’s Israel Practice, is a guest speaker on The Decision-Making Podcast on which he discusses, in Hebrew, a variety of legal issues in the U.S. relevant to Israeli startups, including SAFE funding from a legal perspective, the common mistakes and what founders should know before giving stock options, the differences between LLCs and INCs, and other types of companies in the U.S., and more.
March 26, 2022 March 26, 2022
Doreen M. Edelman, Chair of the firm’s Global Trade & National Security practice, stresses the need for companies to screen their client lists against government sanctions databases in light of the sanctions against Russia in CNBC’s “Small Business Playbook.” Edelman says the sanctions add to the reasons start-ups in technology and smaller companies, in general, need to have compliance programs in place, though they are less likely to have developed or updated such programs. “If the last time you screened was three years ago, I’m not sure OFAC will give you much credit,” says Edelman.
March 22, 2022 March 22, 2022
Law360 features G-BRIDGE, Lowenstein’s new platform that matches private companies with government agencies to address issues such as cybersecurity, in its interview with Jeffrey B. Jones, counsel in the firm’s Global Trade & National Security practice. Jones, who has 20 years of experience as an attorney in both the military and the federal government, describes how his background inspired G-BRIDGE: "There's been a realization over many years that the government is incapable of addressing these [technical] issues on their own. They really need to reach out to find innovative companies that have the wherewithal and resources to go ahead and solve some of these problems."

Jones expects G-BRIDGE to serve “federal agencies, large government contractors and small businesses new to the government contracts space,” as well existing corporate clients on issues such as cybersecurity. He adds that government agencies are also “interested in technologies such as microelectronics and semiconductors but doesn't have the wherewithal to be able to create all this technology on their own."
February 24, 2022 February 24, 2022
Matt Savare, partner and Chair of the firm’s Commercial Contracts group, talks about important legal issues surrounding NFTs, including the use of someone’s name, image, or likeness in an NFT on the podcast Brave New Coin: Crypto Conversation. Savare discusses his recent article with Brianne L. Polito, “A Haystack in a Hurricane: The Legal Risks of Depicting Real People in Your NFT,” as well as Lowenstein’s extensive experience in the blockchain and cryptocurrency ecosystem, including projects with such clients as Estee Lauder and its Day of Pink NFT for breast cancer awareness, Magic’s noncustodial wallet, and Baxcus, which authenticates the ownership and provenance of high-end wine and spirits. Savare predicts the next trend in NFTs will be the movement from the purely digital to the “tokenization of real world assets.”
February 23, 2022 February 23, 2022
Ed Zimmerman spoke to Forbes about the increasing trend toward buying secondary interests in venture funds. “‘Investors now raising funds more frequently, as fast as annually, might be multimillionaires on paper, but have not yet received any profits themselves,’ notes Zimmerman, Chair of Emerging Companies & Venture Capital (fka, The Tech Group) at Lowenstein Sandler and an investor in underrepresented fund managers through First Close Partners. ‘There’s no better time to ask your LPs to re-up than once you’ve handed them a check.’” Zimmerman has been involved in thousands of venture fund financings of emerging companies during his thirty years at Lowenstein Sandler, and has invested in more than 150 startups. In addition to his roles at Lowenstein and First Close Partners, Zimmerman has been an Adjunct Professor of Venture Capital at Columbia Business School for more than 15 years.
February 17, 2022 February 17, 2022
In MarketWatch, Christopher W. Gerold comments on the SEC investigation into Binance, the world’s largest crypto exchange. Gerold says,” “My interest is where the jurisdiction lies, or what jurisdiction they [the SEC] would assert for [bringing an enforcement action against Binance]. And which of the cryptocurrencies would they be asserting qualify as securities?”
February 15, 2022 February 15, 2022
Christopher W. Gerold, partner in Lowenstein’s Securities Litigation, Blockchain Technology & Digital Assets, and Corporate Investigations & Integrity practices and former chief of the New Jersey Bureau of Securities, talks to MarketWatch about a rise in lobbying by cryptocurrency companies in anticipation of increased government regulation. Gerold says: “When we see bigger, broader legislation introduced, we’re going to see money pour into the lobbying space from crypto companies, and rightfully so. If the wrong legislation passes, it could put certain companies out of business.” He adds, “It’s really a hyper technical area, as the regulators define different entities and protocols in the digital asset space.” The article is also available on Crypto News BTC.
February 11, 2022 February 11, 2022
Rachel Maimin, partner in the firm’s White Collar Defense group and former federal prosecutor with the SDNY, tells The National Law Journal that the U.S. Justice Department’s recent seizure of a record $3.6 billion worth of allegedly stolen bitcoin shows that the government “has grown adept at using the public nature of the block chain to trace illicit funds, closing a knowledge gap that had given cybercriminals an advantage.” Her comments also appear in ALM/Law.com.
February 8, 2022 February 8, 2022
Storme McKop is featured in an article in UCalgary News about her career and efforts to encourage other Black females to pursue the law. McKop wants to inspire and mentor other Black females to become corporate lawyers, noting: “It is important that Black lawyers be included in the corporate space.” She adds that she enjoys the diversity she encounters in the technology sector, saying that “I love the fact that my clients are not all from the same demographic.”

A graduate of the University of Calgary’s undergraduate and law schools, McKop practiced with a large law firm in Canada before moving to New York to join Lowenstein. While studying at UCalgary’s Faculty of Law, she founded, and was the president of, the UCalgary chapter of the Black Law Students’ Association (BLSA). “It’s important for undergrad students who are Black and who want to go to law school to see other people who look like them doing what they want to do,” McKop says. “You may be the only one in your classroom, but it is important to have a peer group that you can turn to who are having similar experiences.”
February 7, 2022 February 7, 2022
In Fortune, Ed Zimmerman, Chair of Lowenstein Sandler’s Tech Group, Co-Founder of First Close Partners and Adjunct Professor of Venture Capital at Columbia Business School, discusses trends regarding private equity and venture capital firms majority owned by underrepresented managers. “‘The underfunding in this market segment [for underrepresented VCs] has been so persistent and dramatic—you can’t really put enough dollars into the market to quench the thirst,’ says Zimmerman, the Lowenstein Sandler tech lawyer who co-founded First Close.” The article, which focuses on JoAnn Price of Fairview Capital—a pioneer of diversity-focused investing—speaks to the emergence of more managers focused on ensuring that venture and private equity are more diverse, equitable and inclusive, noting: “Equity Alliance joins several other investors with a similar focus, including First Close Partners and a new fund from Accolade Partners.” Zimmerman also co-founded and Chairs VentureCrush.
January 3, 2022 January 3, 2022
Mary J. Hildebrand CIPP/US/E, founder and Chair of the firm’s Privacy & Cybersecurity practice, talks to Bloomberg Law about why the chances for passage of federal privacy legislation in 2022 are slim. “The politics are so intense in a midterm year, and members of Congress are probably devoting more time toward their reelection campaigns and supporting their own parties,” she says. “2023 may be more fruitful, and it would give us another year for states to adopt more laws.”
December 6, 2021 December 6, 2021
The Global Legal Chronicle reports on Lowenstein’s representation of Osmosis, a U.S.-based visual learning platform that has simplified the complex learning journey for millions of current and future healthcare professionals and their patients around the world, in its acquisition by Elsevier, a global leader in research publishing and information analytics. The deal team was led by Anthony O. Pergola.
November 24, 2021 November 24, 2021
Matt Savare talks to Fortune about altcoin alternatives to Ethereum and how they may be affected by the blockchain platform’s scheduled upgrades which aim to make it more scalable, secure, and environmentally friendly. “These changes to Ethereum could be a risk to alternative blockchains such as Avalanche and Cardano,” says Savare. However, he adds: “The industry is also growing overall … which will be a good thing for Ethereum in the long run.” (subscription required to access article)
November 19, 2021 November 19, 2021
In TIME, Doreen M. Edelman, partner and Chair of Lowenstein’s Global Trade & National Security group, and senior counsel Laura Fraedrich discuss the impact of sanctions on Cuba-based organizations and businesses that have been locked out of online services such as file transfer sites, social media managers, cloud services, development apps, video calling, and education platforms. Edelman explains that the complicated trade restrictions and inconsistent history of U.S.-Cuba relations discourages U.S. companies from finding workarounds for clients located there. She says: “I’ve worked with a lot of clients over the years who take a very conservative approach and decide they don’t want to run that risk. [Startups especially are] not going to want to pay for legal fees for stuff like this, so they’ll just follow the embargo and be done with it.” Fraedrich adds that the U.S. Treasury Department’s Office of Foreign Assets has lately been more “targeted at people who are in or have been in the government; …you really wonder why we couldn’t go to something like that for Cuba to mitigate some of these secondary and tertiary effects.”
November 10, 2021 November 10, 2021
In Supply Chain Management Review, Doreen M. Edelman, partner and Chair of Lowenstein’s Global Trade & National Security practice, and Laura Fraedrich address the recent rollback of tariffs on steel and aluminum imports, and the potential impact on supply chain challenges. Edelman advises companies “to stay engaged and hands-on. Make sure paperwork and advanced CBP filings are in order. Contact everyone in the import supply chain to ensure your products are a priority known to all parties in the import chain. Ensure your classifications, markings, and country of origins representations are accurate, complete, and don’t trigger CBP questions.”

Fraedrich says that the lifting of these tariffs “will help U.S. manufacturers be more competitive in the world market while at the same time helping the EU steel and aluminum manufacturers maintain their production. The move also reinforces the Biden Administration’s vow to re-engage our allies in bilateral and multilateral negotiations on commercial issues to create a more unified front related to threats from countries such as China and Russia. This deal may be the beginning of similar deals for other countries and deeper negotiations with the EU on trade issues.”
October 22, 2021 October 22, 2021
Thomas E. Redburn Jr., Chair of Lowenstein’s Securities Litigation group, comments in Law360 on the wider impact of the recent Ninth Circuit ruling that business communication platform Slack can be held liable for alleged misstatements leading to its direct listing. Redburn says: “The real question to me is whether this decision can be applied to expand the scope of liability in more traditional IPOs.” He adds that this issue should encourage Congress to take a new look at the liability provisions of the Securities Act of 1933, in part because “the rise of paperless trading has made tracing harder to pinpoint. One could argue that it really is better if Congress takes up that task itself and does a refresh given the way the markets currently operate.”
October 5, 2021 October 5, 2021
Foreign Investment Watch interviews Doreen M. Edelman, partner and Chair of the firm’s Global Trade & National Security group and number one on the company’s Top Advisors 2021 list, about President Joe Biden’s approach to China, the latest governmental trade appointments, a possible U.S. investigation into Chinese subsidies under Section 301 of the U.S. trade law, and other government actions that target China. “One example is Section 889 of the National Defense Authorization Act, which prohibits any U.S. government agency from buying or doing business with any company that uses telecom equipment that uses components from one of the targeted Chinese companies,” Edelman says. “These are broad provisions with the focus being to ostracize China.” She adds, “I don’t think either side wants … [a trade war] because of the market implications, and Biden has pledged to be more multilateral in his approach. Let’s hope that the ongoing bilateral discussions are substantive, and the new appointees can get engaged quickly.”

Edelman continues: “U.S. business and consumers were, and are, the victims of the Section 301 tariffs. No one thought they would last this long. More tariffs would not be prudent. … The silver lining I see is that trade regulations and tariffs are now issues that senior management can take advantage of to optimize their business if they really understand their options. It is critical to every company’s growth strategy.”
September 21, 2021 September 21, 2021
In a video interview for SupplyChainBrain, Doreen M. Edelman, Chair of the firm’s Global Trade & National Security practice, discusses the Biden administration’s “holistic” approach to the Buy America Act, noting that–while the legislation is 70 years old– “this is the first time they are actually looking at changing the content requirements and making a larger differential in the benefit of purchasing domestic over foreign products.” For manufacturers of all commercial products (not just defense), Edelman says, “The companies that are going to be successful are the ones that understand their supply chain. … There is no short cut in doing it.” She continues: “The Biden administration is not trying to make it just U.S.-oriented; [they are saying] we want to work with our best trading partners. If you work with us on national security, as a result, you may get a trade preference. It all goes hand in hand.”
September 17, 2021 September 17, 2021
In VentureBeat, Jonathan L. Lewis discusses the ruling in Epic Games’ antitrust suit against Apple, where the judge found, among other things, that the defendant’s iOS platform was not an “essential facility.” Lewis says, “It’s not like they came up with this 30% fee commission from thin air. It’s the standard. Are we going to punish innovators for their success and require them to turn over access to what they’ve created because people don’t like to pay what they’re asking?” He adds, “What we focus on in antitrust is if they engaged in some conduct that enables them to charge some price that is above what it would exist in a competitive marketplace.”
September 7, 2021 September 7, 2021
James C. Shehan, Chair of Lowenstein’s FDA Regulatory practice, explains some lessons that general counsel should learn from the Theranos case in Corporate Counsel. Shehan advises in-house lawyers to look out for certain red flags, such as poor communication or lack of industry expertise in company leadership. He says, “[W]ithout appropriate expertise, bringing any product or service to market could prove an insurmountable obstacle for even the most ambitious start-up.” Shehan further cautions general counsel to “look out for potential conflicts of interest when executives wear multiple hats, as is common at start-ups.” Finally, he says, “[S]ometimes the situation is so bad that you have no choice but to resign.”
August 27, 2021 August 27, 2021
Zarema A. Jaramillo talks to CBS News about the FTC’s antitrust case against Facebook; she notes that defining the relevant market and actual abuse will be the government’s primary challenge. Jaramillo says, “If [the FTC is] able to establish … the relevant market, … and Facebook does have market power, the question really is, how has Facebook abused that market power”?” She adds, “The burden is on Facebook to really dispel … [the FTC’s] … allegations.”
August 26, 2021 August 26, 2021
Bloomberg Law includes comments by Valeska Pederson Hintz on Bill Ackman’s new “SPARC” vehicle, or special purpose acquisition rights company. Pederson Hintz says, “SPARCs might only attract a small pool of dealmakers due to financing risks." She adds, "If you’re not a super famous person like Bill Ackman, I don’t see how you convince target companies they should announce a deal with you and spend all the time negotiating it in the hopes you’re going to be able to rally all these rights holders.”
August 20, 2021 August 20, 2021
Zarema A. Jaramillo, Managing Partner of the firm’s Washington, D.C., office, is quoted in Bloomberg Law and Law360 on the FTC’s amended complaint alleging antitrust violations against Facebook. In Bloomberg, Jaramillo says, “The FTC did a decent job explaining why some of the other online networks can’t compete at the same level as Facebook—and they focused on Snap Chat as the only other viable competitor in what is a narrow market. ... I think if they survive the motion to dismiss, that will give the advertisers more leverage [in their pending lawsuits against Facebook].” In Law360, she adds that, although she does not know if the amended complaint will survive dismissal, "[The FTC’s] prospects seem much better.”
August 16, 2021 August 16, 2021
Matt Savare, Chair of the firm’s Commercial Contracts group, comments in Adweek on how social media algorithms can lead to censorship of everyday products such as women’s intimates. Regarding the challenge for Facebook and other companies to create consistent policies, Savare says: “What’s sensitive in San Francisco is very different than what’s sensitive in Omaha, Nebraska. … It’s such a vexing problem, and it’s not going to be solved overnight.”
August 10, 2021 August 10, 2021
Compliance Week and Bloomberg Law include comments by Valeska Pederson Hintz about the Securities and Exchange Commission’s decision to approve rule changes proposed by Nasdaq that require Nasdaq-listed companies to disclose information about their board’s diversity. Pederson Hintz tells Compliance Week: “All U.S. public companies, Nasdaq-listed or otherwise, should be paying attention to what investors do with the data disclosed as a result of Nasdaq’s board diversity rules. If they don’t want to fall behind the curve, they should act to address diversity concerns before that data is used against them.” In Bloomberg, she adds that the new rules will give investors “access to an arsenal of information on board diversity that they can use to analyze the issuer, compare it to peers, and apply pressure.”
July 29, 2021 July 29, 2021
In Law.com, Julie Levinson Werner, partner in the firm’s Employment Counseling & Litigation group, discusses how curbing employment noncompete agreements affects worker mobility and economic growth. Werner says, “If you look at New York City, if you look at Austin, Texas, if you look at Miami, there’s a vibrant startup community in all three of these locations, and they all have clearly established laws protecting the enforcement of noncompetes in the appropriate circumstances. And it has not hindered development in those areas.”
July 29, 2021 July 29, 2021
In this video on SupplyChainBrain, Laura Fraedrich, senior counsel in Lowenstein’s Global Trade & Policy group, discusses why the United States and the European Union seem to have set aside their longstanding dispute over aerospace subsidies. Fraedrich says the shift indicates a mutual desire “to come together and address trade disputes elsewhere in the world, especially those relating to China. They see bigger fish to fry.”
July 28, 2021 July 28, 2021
Ed Zimmerman, Chair and co-founder of Emerging Companies & Venture Capital (fka, The Tech Group), Adjunct Professor of Venture Capital at Columbia Business School, and a Founding Partner of First Close Partners LLC, comments in Reuters on the trend toward funds like Tiger Global leading pre-IPO “cap table cleanup” rounds in which investors infuse capital solely or largely for secondary (to purchase from existing shareholders). Zimmerman says, “A flood of funds at a time when startups stay private for much longer has led to more buy-back deals on the private market.” For instance, Tiger Global led Gupshup’s $240 million raise to buy back shares in advance of a potential 2022 IPO.
July 24, 2021 July 24, 2021
In Foreign Investment Watch, Doreen M. Edelman, Chair of the firm’s Global Trade & National Security group, and Christian C. Contardo discuss a recent report by the Defense Critical Supply Chain Task Force and its recommendations for building U.S. supply chain resilience, including the possibility of requiring companies to disclose foreign capital they receive from adversaries. Edelman says, “I am advising companies, not just technology and defense providers, to focus on their supply chain.” Regarding the possibility of creating an inclusionary process that exempts “trusted partners” from CFIUS requirements, Edelman predicts “a formal or informal loosening of the requirements for trusted partners,” despite the fact that these relationships are always subject to “a fact specific transaction review.” Contardo observes that these recommendations “are in addition to voluntary incentive-based supply-chain security programs such as the Department of Defense Trusted Capital program, [which] matches vetted capital providers to U.S. businesses working with the DoD in key technology sectors as a way for the businesses to raise necessary funding to grow without risking investment from countries of concern to the DoD.”
July 19, 2021 July 19, 2021
In an interview on AM Best TV, Kathleen A. McGee, partner in the firm’s Emerging Companies & Venture Capital group and White Collar Defense practice, addresses what she describes as the “emerging epidemic” of ransomware and how companies can mitigate possible damage to their businesses. McGee says, “There is no stopping a nation state when a nation state wants to get into your infrastructure. … Companies need to address the new normal by putting their money where it counts.” She warns that, despite the experience of Colonial Pipeline in recovering much of its losses, there is “no guarantee that the government will be able to recoup your losses, but it is a best practice to notify law enforcement.” McGee further notes that insurance companies have an important role to play by encouraging best practices: “The probability of being impacted by a ransomware attack is much higher than other acts of god, and insurance companies need to reflect that.”
July 13, 2021 July 13, 2021
Zarema A. Jaramillo, Managing Partner of Lowenstein’s Washington, D.C. office, is featured in Northern Virginia Technology Council’s (NVTC) member spotlight, where she discusses the firm’s growth and how it is serving technology clients in the Washington area. Jaramillo says, “The synergy of our core practices here in D.C. seamlessly complements the firm’s wide range of transactional work in technology, private equity, and life sciences, as well as others, and enables us to offer a multidimensional, global perspective to businesses operating around the world.” She adds that the D.C. office is rapidly growing “because we are attracting the highest caliber of attorneys who are able to collaborate in a great culture that encourages an entrepreneurial mindset. … As a woman-led office, we are focusing our efforts on making it a place where all lawyers can grow and succeed and shape their practices in a way that allows them to be all that they can be.”
July 9, 2021 July 9, 2021
TVNewsCheck highlights the practical guidance for avoiding and addressing cyberattacks and data breaches that Mary J. Hildebrand CIPP/US/E outlines in her article, “Rising Crime, Rising Response?” To address the heightened risk resulting from companies blending remote and in-office work, Hildebrand recommends engaging “strategic leaders” across all relevant departments, carefully assessing third-party service providers, and educating and continually training employees on how to identify and avoid cybersecurity risks. She further advises companies to keep corporate policies up to date (especially those involving use of IT systems); prepare emergency “plans for incident response, disaster recovery, and other data security issues”; and ensure proper insurance coverage.
June 27, 2021 June 27, 2021
Doreen M. Edelman, Chair of the firm’s Global Trade & National Security group, speaks to Foreign Investment Watch about preemptive disclosures of nonnotified CFIUS transactions involving SPACs, where companies state that they will not be submitting a declaration with CFIUS unless they are requested to do so. Edelman calls this approach “a proactive, low risk way to let regulators know that the CFIUS process was not ignored or flouted.” She adds that “by making this statement to the SEC, at least it’s on record somewhere that the parties carefully reviewed the transaction for national security concerns” (subscription required to access article).

Foreign Investment Watch recently ranked Edelman as number one on its Top Advisors 2021 list of lawyers who provide legal advice concerning national security reviews of foreign investments in the United States and abroad
June 10, 2021 June 10, 2021
Valeska Pederson Hintz, partner in Lowenstein’s Tech Group, Corporate Governance & Compliance, and Capital Markets & Securities practices, speaks to The Information about how an increasing number of tech founders are maintaining control of their companies through supervoting rights. Pederson Hintz says: “It really has just become the norm to do this high-vote stock,” adding that it is an important consideration for firms going public via SPAC, as well as IPO.
May 13, 2021 May 13, 2021
Lowenstein's representation of PeriGen Inc. (PeriGen), a leading provider of perinatal health care software solutions, in its sale to Halma plc is noted in the Global Legal Chronicle. The Lowenstein deal team includes Sam E. Khan, Christopher C. Henry, Rachel Ingwer, Lauren M. Troeller, Diana Kim, Kimberly E. Lomot, Megan Monson, Taryn E. Cannataro, Eric Jesse, Bryan Sterba, Matthew P. Hintz, David Toma, James C. Shehan, Edgar R. Hidalgo CIPP/US, Mark S. Heinzelmann, Emily B. Sklar, Megan Williams, Latoya Bethune, and Amanda Sewanan. View Lowenstein's news announcement about this transaction.
May 5, 2021 May 5, 2021
Mary J. Hildebrand CIPP/US/E speaks with Cybersecurity Law Report about how New York’s Department of Financial Services (NYDFS) leverages other states’ laws to enforce cybersecurity compliance, as demonstrated in two recent consent orders imposing $4.5 million in penalties on companies for failure to notify NYDFS of phishing incidents that morphed into data breaches. Hildebrand says, “The agency is saying that if you have to notify anybody else, then you have to notify us, too.” Further extending its regulatory reach, NYDFS prohibited one company from using insurance proceeds to pay penalties, a development Hildebrand calls “unusual.”
April 23, 2021 April 23, 2021
In Compliance Week, Mary J. Hildebrand CIPP/US/E, partner and Chair of the firm’s Privacy & Cybersecurity group, discusses the Biden administration’s more “regulation-friendly” approach to privacy, as demonstrated in a recent letter by Sen. Edward Markey (D-Mass.) and Rep. Kathy Castor (D-Fla.) that asks the Federal Trade Commission to investigate possible violations of the Children’s Online Privacy Protection Act (COPPA) by Google Play. Hildebrand says, “The agency has exercised its considerable authority to enforce COPPA on many other occasions, and I’m personally optimistic this letter will trigger an investigation to ensure that Google and its app developers are playing by the rules.”
April 19, 2021 April 19, 2021
In an interview with Authority Magazine, Meredith Beuchaw and Chandra Shih talk about their work in the technology sector, what has influenced them, and why it is important to increase the number of women founders in this field. Beuchaw says, “We’re missing half the great ideas if women are not founding companies and getting funded. We need women because we are missing out on innovation if we do not have women-founded companies.” Shih adds: “Getting more women funded and seeing more women succeed will create a domino effect — it’s the whole idea that representation matters.”

Both Shih and Beuchaw are members of Lowenstein Sandler’s Tech Group, known for representing the underrepresented. Shih, who works with growth stage and early stage startups as well as venture firms and other angel and strategic investors, talks about having been recruited and mentored by her former law school professor and managing partner of the firm’s Palo Alto office, Kathi Rawnsley: “In addition to enjoying the work we do and the people I get to work with, it has been so fantastic to start and grow my career at a place where I could see women had a seat at the table at the highest levels of the firm."

When asked to name her influences, Beuchaw, who leads M&A transactions and has counseled clients both on the buy and sell side through hundreds of deals for over 15 years, cites Michelle Obama’s quote, “When they go low, we go high.” “It is about not letting others’ poor behavior be an excuse for our own,” she says. “This is especially important as we see more women on boards and in decision-making positions. Sadly, most of us have been at the received end of bad behavior along the way, but it is important not to let that be the standard for our behavior now and realize we can bring our moral high ground with us."

Shih references Stacey Abrams’ book, Lead from the Outside, as a helpful guide that "focuses on the challenges that women, people of color and those in the LGBTQ community might have in starting their career, as they are told, ‘to advance you must be a leader,’ but may not know where to begin because the system they’re trying to advance in was not built for them.”
April 12-14, 2021 April 12-14, 2021
Lowenstein Special Counsel and former New Jersey Attorney General Anne M. Milgram's nomination by President Joseph R. Biden to be the U.S. Administrator of the Drug Enforcement Administration is noted in The Washington Post, Law360, Reuters, The Week, NJ.com, The National Law Journal, NJBIZ, JURIST, Homeland Security Today, The American Law Institute, the Regulatory Affairs Professional Society, ROI-NJ, and the New Jersey Law Journal. The White House’s official announcement can be read here. (subscription required to access certain content) View Lowenstein's news announcement about this nomination.
April 12, 2021 April 12, 2021
Zarema A. Jaramillo is featured in a recent Lowenstein video that describes the ways in which our Washington, D.C., office serves the technology community in the greater D.C. metro area. The video appears in Potomac Tech Wire, a e-newsletter that provides a daily summary of the area's most important technology news.
March 25, 2021 March 25, 2021
Ed Zimmerman, Chair and co-founder of Emerging Companies & Venture Capital (fka, The Tech Group), Adjunct Professor of Venture Capital at Columbia Business School, and a Founding Partner of First Close Partners LLC, speaks about The Diversity Dividend (#ElDividendodelaDiversidad) as part of a panel, “The Return on Investing in Diverse Fund Managers,” presented by Promoting Venture Capital in Peru (PECAP). The panel, including Susana Garcia-Robles of Capria/LAVCA, Anita Fiori of IDB Lab, Jose Fernandez of StepStone Group, and moderator Luis Narro of PECAP, addresses why it is important and lucrative to invest in underrepresented venture capital fund managers. “Diversity is not only an imperative from a human rights, civil rights, and justice perspective, … it is a financial imperative,” Zimmerman says. “There are unbelievable missed economic opportunities as a result of the myopia that comes from having only people who look the same, went to the same schools, and live in the same communities.” He encourages LPs to speak up by asking GPs to diversify their reference list in order to expose the flaws in their networks. Zimmerman notes that a lack of diversity in the VC world results in “massive costs and causes exclusion, discomfort, and inequity in the workplace.”
March 17, 2021 March 17, 2021
Nicholas San Filippo IV is interviewed on the Deep Wealth: The Sell My Business Podcast, where he discusses proven strategies for achieving successful M&A deals. San Filippo talks about common mistakes business owners make, the impact of the COVID-19 pandemic, and why trust is the currency in mergers and acquisitions. San Filippo also explains why he became an M&A lawyer: “I feel like Superman when I come in and I'm able to help entrepreneurs go from paper wealth to liquid wealth."
March 11, 2021 March 11, 2021
Mary J. Hildebrand CIPP/US/E, founder and Chair of Lowenstein’s Privacy & Cybersecurity group, speaks with Law360 about the need for federal regulation governing companies’ collection and maintenance of COVID-related health information, including who has and has not received a Covid-19 vaccine. Hildebrand says, “The current situation with COVID-related data underscores the compelling need for federal action…California residents have been accorded certain rights to personal information under state law which may be helpful, but protection of this sensitive data should not depend on where you live."
March 9, 2021 March 9, 2021
Mary J. Hildebrand CIPP/US/E, Chair of Lowenstein Sandler's Privacy & Cybersecurity group, is a guest speaker on Artificial Intelligence Edition, the inaugural episode of the podcast McLane Middleton Minutes, on which she discusses facial recognition software, how companies should structure its use and the data they collect from it, and why a federal law on this issue would be helpful. Citing the increase in class actions and conflicting regulations, she suggests that companies use the Illinois Biometric Information Privacy Act and the FTC’s Ever Album settlement agreement as guideposts on this issue.
March 9, 2021 March 9, 2021
The Wall Street Journal reported on First Close Partners (tweet below from reporter Yuliya Chernova):

"Ed Zimmerman, chair of the tech practice at the law firm Lowenstein Sandler, says he texted Theresia Gouw, founding partner at Acrew Capital, in November about the idea of teaming up to invest in underrepresented fund managers.

The newly formed firm, F irst Close Partners, has already backed about two dozen venture funds and expects to invest in more than 60 by the end of the year, Mr. Zimmerman said. These include Avid Ventures, Base Ventures, Cleo Capital, Marcy Venture Partners and Slauson & Co., among many others. The majority of fund managers that First Close has committed to are Black and a majority are women, Mr. Zimmerman said. Some contacted First Close cold, with no prior introductions.

Founding partners in First Close also include Regina Benjamin, a former U.S. Surgeon General, as well as Josh Kopelman, co-founder of First Round Capital, and Betsy Zimmerman, partner at GrapeArbor Ventures and Mr. Zimmerman’s wife.

“We are trying to have an impact that exceeds our dollars, and also to make money with the underrepresented managers that we are backing,” Mr. Zimmerman said. “We’ve seen instances of our money being dramatically multiplied by other [limited partners] coming in, either where we introduced them or served as a reference,” he added.

He declined to state how much capital First Close Partners has in total, but said that his family is investing $1 million into it.

Well-connected people in the venture industry can act on diversifying who gets to play in the market. While there’s an aspect of social good in the effort, Mr. Zimmerman says that it’s also about financial benefit: “When a fund has been successful, it’s hard to get into fund three or fund four. Being an early backer enables you to follow on.”
March 2, 2021 March 2, 2021
Lowenstein's representation of Avid Ventures in the launch of its $68 million-plus debut venture capital fund founded by Addie Lerner, decade-long investor at General Catalyst, General Atlantic, and Goldman Sachs, is noted in the Global Legal Chronicle. The Lowenstein deal team included Ed Zimmerman, Marie T. DeFalco, Max Karpel, Robert J. Menendez, Joseph F. Hendricks, and Bettina C. Elstroth. View Lowenstein's news announcement about this transaction.
February 22, 2021 February 22, 2021
In The American Lawyer, Chair and Managing Partner Gary M. Wingens discusses how the firm performed “shockingly well given what was going on in the world” in 2020. Wingens credits the firm’s investment funds, tech, life sciences, bankruptcy, and capital markets practices, in addition to engagements in venture capital and private equity. “People need lawyers as things change,” he says. Wingens is optimistic about 2021: “I do feel that we are at the beginning of a whole new economic cycle,” he says. “I think there’s going to be an enormous amount of investment activity.”
February 19, 2021 February 19, 2021
Ed Zimmerman, Chair and co-founder of Emerging Companies & Venture Capital (fka, The Tech Group) and Adjunct Professor of Venture Capital at Columbia Business School, teamed up with Marie T. DeFalco (Vice Chair of Lowenstein’s Investment Management Group) to represent Avid Ventures in its $68 million-plus debut. Zimmerman tells Business Wire that managing partner Addie Lerner is “a brilliant, hard-charging, and charismatic force within the venture community. She will win deals by force of intellect, personality, and the reputation for excellence and integrity that she has already developed here in the States, in the UK, and in Israel. Having been opposite Addie in my role as counsel to startups, I’ve been impressed to see, more than once, founders rapidly transition from meeting Addie to making room for her in oversubscribed venture rounds.”

In Pitchbook, Zimmerman says: "LPs back the person in a solo GP fund. … I'm excited to see how people react … [to Avid], and whether others say this strategy is different and I'd like to copy it, or at least pivot into it a little bit more.”

Zimmerman tells TechCrunch that Lerner has a reputation for being “extraordinarily thoughtful about deals” and that one entrepreneur called her “one of the smartest people she has met in a decade-plus in venture.” He adds: “I’ve seen it myself in deals and then I’ve seen founders turn down very well branded funds to work with Addie. … Addie will find and win and be invited into great deals because she makes an indelible impression on the people who’ve worked with her and the data is remarkably consistent.”
February 9, 2021 February 9, 2021
In Crunchbase, Zarema A. Jaramillo, Managing Partner of Lowenstein’s D.C. office and partner in the firm’s Antitrust/Competition practice, discusses the possible chilling effect on venture capital investments due to increased regulatory scrutiny under the new administration. Jaramillo observes that “additional scrutiny is being brought on by agencies operating under the general idea that technology companies have too much power.” She adds that regulators may be influenced by their prior reluctance to act against large acquisitions by companies such as Facebook and Google. “[T[he government says ‘we got it wrong with larger companies, we don’t want to get it wrong again. … They can’t predict if there is harm to competition, so they are erring on the side of ‘challenge it now’ rather than later. We see the new administration taking a stronger approach to these.”
January 29, 2021 January 29, 2021
On GGV Capital’s Unscripted, Ed Zimmerman, Chair and co-founder of Emerging Companies & Venture Capital (fka, The Tech Group) and Adjunct Professor of Venture Capital at Columbia Business School, talks to GGV’s Jeff Richards about the importance of QSBS for founders, diversity on your startup’s board, the leverage shift in term sheet negotiations, and the impact of SPACs v. IPOs for VC-backed growth companies.
January 22, 2021 January 22, 2021
Jeffrey Cohen, Chair of Lowenstein’s Bankruptcy & Restructuring Department, is interviewed on the podcast Debtwired! on the future of emerging company restructurings (including VC-backed tech companies), what to expect from the distressed market in 2021, and the Chapter 11 cases of Modell’s and Century 21 Department Stores.
January 19, 2021 January 19, 2021
Laura Fraedrich is interviewed in Foreign Investment Watch about foreign direct investment requirements, CFIUS filings, and mitigation negotiations. Regarding the incoming administration, she says, “I anticipate that the United States will return to a more multilateral approach. … Specifically, I think we will see a return to a cooperative effort to restoring the dispute settlement arrangement at the WTO and to the negotiation of multilateral trade agreements.” Fraedrich notes that “during the past five years, the majority of mitigation agreements have related to preventing access to data or technology by the foreign investors,” and she advises companies to “carefully consider where the national security concerns may lie and determine the cost of potential mitigation arrangements when negotiating. This is because certain mitigation requirements might impact the benefit of the bargain and thus valuation. Finding this out after the deal has been struck can create a difficult situation.”

Fraedrich encourages companies to consider foreign investment and ownership implications early in the transaction: “A company organized in the United States might be a foreign entity if there is foreign ownership and control. A joint venture that is organized in a foreign country might be subject to CFIUS jurisdiction if a U.S. business has been contributed. The new rules for private equity funds are complicated, and if fund managers are not careful, a U.S.-organized fund can be a foreign person.”
January 15, 2021 January 15, 2021
Mary J. Hildebrand CIPP/US/E talks to Law360 about increasing state and federal regulation of the collection and use of biometric data such as facial scans and fingerprints. She says, “The FTC's proposed settlement [with Ever, a defunct photo storage app that allegedly deceived consumers about its use of facial recognition technology] and the proposed New York law lead me to the conclusion that we will continue to see a proliferation of biometric privacy laws. It's an issue that cuts across geographies and demographics.” (subscription required to access article)

The article also appears in Biometricupdate.com.
January 13, 2021 January 13, 2021
Real Estate NJ notes the elevation to partner of Daniel A. Suckerman of Lowenstein’s Real Estate practice. The article includes a quote by the group’s Chair, Ted Hunter: “Dan has been an integral part of our real estate team for many years. He has handled numerous headquarters leases, major acquisitions, financings and development transactions — all with equal skill and savvy.”
January 6-11, 2021 January 6-11, 2021
Lowenstein's representation of NextWave HoldCo LLC (NextWave) in the company's signing of a new $200 million senior secured first lien term loan facility provided by Canyon Partners, LLC, is noted in the Global Legal Chronicle and Business Wire. The Lowenstein team included Marita A. Makinen, Michael A. Buxbaum, Lowell A. Citron, Michael Walutes, Jacob D. Unger, and Matthew Tippy. View Lowenstein's news announcement about this transaction.
January 11, 2021 January 11, 2021
Doreen M. Edelman is interviewed on the podcast FCPA Compliance Report on why every compliance professional needs to be ready to comply with CFIUS and where CFIUS may be headed under the Biden administration. Edelman urges parties to a transaction to consider‒long before closing‒any factors that could trigger CFUIS scrutiny, such as how the technology in question will be classified for exports, who are the ultimate beneficiaries, and possible exit strategies.
January 11, 2021 January 11, 2021
Ed Zimmerman, Chair and co-founder of Emerging Companies & Venture Capital (fka, The Tech Group) and Adjunct Professor of Venture Capital at Columbia Business School, is interviewed by CEO/Founder Mazy Dar on the podcast Openfin MVP. Entitled “Our Whole Selves at Work with Ed Zimmerman,” Zimmerman discusses his career as a lawyer, investor, and co-founder of VentureCrush, as well as his social/political advocacy efforts. Topics include Zimmerman and Dar having had lunch with Vice President-Elect Kamala Harris years ago (before the duo hosted her for a fundraiser for her successful 2016 Senate bid), as well as discussing common legal mistakes founders make and the more than 100 angel investments Zimmerman has made. The conversation also focuses on efforts to improve #Diversity in tech and venture, with reference to company culture and initiatives in which Zimmerman has personally been involved, including his Wall Street Journal Accelerators columns in 2013 (asserting that #VentureCapital was too white, too male, and too homogenous) and 2014 (Zimmerman published one of the earliest pledges against #GenderBias in Tech, a pledge he still follows).
October 12-14; October 16; October 23; October 26-27, 2020; January 4, 2021 October 12-14; October 16; October 23; October 26-27, 2020; January 4, 2021
Jonathan L. Lewis's arrival to Lowenstein Sandler's Washington, D.C., office as a partner in the firm’s Antitrust/Competition practice is highlighted in The American Lawyer (October 14, 2020; October 16, 2020; October 26, 2020; January 4, 2021), Competition Policy International, General Counsel News, Reuters' The Daily Docket, Bloomberg Law, Law.com, Global Competition Review, Law360 (October 16, 2020; October 26, 2020), and ICLG. (subscription required to access certain content) View Lowenstein's news announcement about Lewis's arrival to the firm.
January 4, 2021 January 4, 2021
In an article in Tax Notes Federal discussing the Biden administration’s likely approach to trade issues, Doreen M. Edelman says she does not foresee any immediate removal of section 301 tariffs against China in the near future: “I think … [President Biden is] … going to look at them. I don’t think he’s going to come in and immediately remove them in an executive order.” Regarding the ongoing dispute between the United States and the EU about Boeing-Airbus, Edelman state that “the administration will likely push for negotiations to get ‘back on track with the EU’ as part of a move toward multilateralism.”
January 3, 2021 January 3, 2021
Doreen M. Edelman, Chair of the firm’s Global Trade & National Security group, discusses in Law360 anticipated trade issues for the incoming administration, such as the digital service tax programs increasingly imposed in Europe that are stirring controversy among Silicon Valley companies. "Digital taxes will also be discussed [with the EU], and the Biden administration will want to be part of a multilateral deal," Edelman predicts. "Biden likes to make all sides appreciate the deal, which may be difficult."
December 18-21, 2020 December 18-21, 2020
Mary J. Hildebrand CIPP/US/E tells Reuters that Nike’s workout apps are a source of valuable information about customers; she notes that the data they provide give the company a “significant advantage” over rivals. She states, “[Nike] likely has several scientists using the data to see if shoppers will tolerate higher prices.” The Reuters article was reprinted in Yahoo! Finance, Nasdaq, City A.M., América Retail, and the New York Post.
December 15, 2020 December 15, 2020
Mary J. Hildebrand CIPP/US/E speaks to Compliance Week about the FTC’s request for information from nine social media companies and streaming services, including Amazon.com, Facebook, and YouTube, concerning their collection, use, and sale of users’ personal information and the impact of those practices on children and teens. “I think this inquiry is long overdue,” she says. “And I doubt it will be the last one. I’m hoping the information they collect might inform a national data privacy law.” Hildebrand warns companies working with the nine organizations singled out by the FTC that they, too, may be affected: “If you’re a company that deals directly with the named organizations, or companies that may share data with these companies, you should take note.”
December 10-11; December 13, 2020 December 10-11; December 13, 2020
Laura Fraedrich's arrival to Lowenstein Sandler's Washington, D.C., office as senior counsel in the firm's Global Trade & Policy practice is noted in Bloomberg Law, General Counsel News, The American Lawyer, and The Washington Post. View Lowenstein's news announcement about Fraedrich's arrival to the firm.
December 8, 2020 December 8, 2020
Ed Zimmerman comments to Nasdaq in an article on the booming stock market and VC-backed growth companies going public via IPO and SPAC. Ed, who chairs Emerging Companies & Venture Capital (fka, The Tech Group) at Lowenstein Sandler and, for the last 16 years, has been an Adjunct Professor of Venture Capital at Columbia Business School notes: “One of the things we’re seeing is a lot of performance – companies are actually performing. … They weren’t necessarily performing in the 90’s and during the dot com crisis.”

On the popularity of SPACs as a means of going public, Zimmerman tells Nasdaq, “When you have people who have made lots of money who are doing [SPACs], that enhances the credibility. They’re not in a cordoned off section of the market.” Zimmerman also remarks that more mature companies are turning to SPACs rather than IPOs: “These are companies that could IPO and are choosing a different path – that’s a meaningful difference as compared to SPACs we saw five to six years ago.”
November 15, 2020 November 15, 2020
Julie Levinson Werner’s article, “Workplace Diversity—Getting It Right With Goals, Not Quotas,” is referenced in Bloomberg Tax’s Weekend Insights. The article includes her observation that “adopting quotas of a fixed percentage of individuals in certain roles by a certain date based upon race, gender, or other characteristics is legally risky,” and it outlines helpful steps for employers to improve their diversity, equity, and inclusion efforts while preventing discrimination.
November 5-10, 2020 November 5-10, 2020
Lowenstein's representation of longtime client InSite Wireless Group, LLC in its definitive agreement to be acquired by American Tower Corporation (NYSE: AMT) is noted in StreetInsider.com, The Deal, Reuters (November 5, 2020: 1; November 5, 2020: 2), Westlaw Today, Law360 (November 5, 2020; November 6, 2020), citybizlist, Netscape, the Global Legal Chronicle, ICLG, and Business Wire. Lowenstein has represented InSite on a number of transactions, most recently in its acquisition of Repeater Communications Group, LLC. The Lowenstein deal team included Michael A. Brosse, Eugene R. Cheval, Traci M. Tomaselli, Sabrina Cua, Timothy J. Nichols, Michael Walutes, Megan Monson, Darren Goodman, Jeffrey Blumenfeld, Lowell A. Citron, Marc S. Kurzweil, Andrew E. Graw, Nicholas G. Mehler, Jeffrey M. Shapiro, Julie Levinson Werner, Norman Spindel, Jack Sidorov, and Matthew P. Hintz. View Lowenstein's news announcement about this transaction.
November 2, 2020 November 2, 2020
In Part 2 of the American Association of Bank Directors’ podcast, Calling All Bank Directors: What You Need to Know Before and After Your Bank Renews Its D&O Insurance, Lynda A. Bennett, Chair of the Insurance Recovery group, discusses how banks and their directors can successfully access their coverage; the importance of understanding the scope of the bank’s indemnification of directors and officers before the policy terms are finalized; how the definition of “claim” in the policy may affect coverage for regulatory investigations and other matters; how to properly and timely file and manage a claim; and how to negotiate the language in the policy without necessarily increasing the cost of the coverage. She notes that “one of the biggest mistakes we see clients make is not providing immediate notice of claims. … A claim is defined in all of these policies quite broadly to include any written demand for monetary or nonmonetary relief.”
October 26, 2020 October 26, 2020
Lynda A. Bennett, Chair of the Insurance Recovery group, addresses the current D&O insurance market, the most important provisions in a D&O policy, the most common mistakes that banks make regarding D&O insurance, and how banks may achieve the best possible insurance coverage on Calling All Bank Directors: What You Need to Know Before Your Bank Renews Its D&O Insurance, Part 1, the podcast of the American Association of Bank Directors. Bennett calls the discussion especially timely as, in her 26 years of practice, she has never seen such a volatile D&O market for bankers and bank directors, as well as for other companies in other industries.

“The market is incredibly in flux, premiums are skyrocketing, self-insured retentions are going up, capacity in the market is shrinking and particularly drying up in certain industries where it is difficult to keep the full tower of coverage that you have and in some instances to stay with the same carriers that have historically been part of your insurance program; and last, we have also seen a restriction in terms, and that is very specific to the banking industry, as insurance companies are taking a very careful and hard look at the scope of coverage that they’re going to provide for regulatory investigations and other informal inquiries conducted by governmental officials.” She adds that COVID-19 has made all these issues even more acute, so it is critically important that companies with coverage coming up for renewal reach out to insurance professionals in order to be prepared for a detailed underwriting process that could be “potentially painful.”
October 20, 2020 October 20, 2020
Kathleen A. McGee speaks to SC Magazine about how a Biden administration might handle cybersecurity issues, noting that vice presidential candidate Kamala Harris has experience negotiating with tech companies. “During a time when mega breaches impacted consumers at a very personal level, her office took the lead on several of those investigations,” she says. “Along with several other states,” McGee continues, “California entered into what were groundbreaking agreements with companies that paved the way for a greater level of expectation [of privacy from customers.]” McGee worked with Harris’ California State Attorney General’s Office in her former position as chief of the Bureau of Internet & Technology for the New York State Attorney General’s Office.

Because Harris represents Silicon Valley in her role as a U.S. Senator in California, McGee notes that this gives her “unique credibility for both sides of the debate” over privacy rights to consumer data, and that credibility may eventually prove helpful in securing passage of a federal privacy bill.
October 7, 2020 October 7, 2020
Mary J. Hildebrand CIPP/US/E speaks to SC Magazine about H&M’s recent $41.5 million penalty for collecting personal data on its employees in Germany. She observes that while companies may understand that their employees have “the same rights under applicable data protection laws [such as GDPR] as revenue-generating customers, [they often lack] … appropriate follow-through and implementation of these policies to ensure that employee privacy rights are respected.” Hildebrand adds, “H&M has generated an impressive list of to-dos in an effort to compensate for egregious and illegal data collection and processing activities.”
October 7, 2020 October 7, 2020
Mary J. Hildebrand CIPP/US/E says that U.S. companies should be prepared to respond to inquiries regarding the Foreign Intelligence Surveillance Act (FISA) and its implications for their business, including EU data transfer activities. In Corporate Counsel and Legaltech News articles discussing a Lowenstein/ACC New Jersey Cyber Day presentation featuring Hildebrand and Mark Faber (Vice President, Corporate Counsel, Cyber and Privacy Law, Prudential Financial), Hildebrand notes that since the European Union Court of Justice invalidated the EU-U.S. Privacy Shield, various EU organizations have required completion of “detailed questionnaires… about FISA...” in order to initiate or continue commercial relationships.
September 21-22; September 24, 2020 September 21-22; September 24, 2020
Rossie E. Turman III explains to The American Lawyer his reasons for moving from Skadden to Lowenstein Sandler as partner and Chair of Lowenstein Sandler’s International Finance group, with seats in the firm’s Debt Finance group and Emerging Companies & Venture Capital (fka, The Tech Group): “If you’re trying to grow, align yourself with someone else that is trying to grow. … [I]f you’re trying to succeed, align yourself with someone else that is trying to succeed.” The article notes that Turman “will work closely with the firm’s Tech Group in representing companies based in emerging markets that have interests in the U.S.” He will lead Lowenstein’s efforts with respect to companies and funds located in and doing business with Africa. He has also actively engaged in civic endeavors and supported several charities on the African continent for nearly 30 years.

In Westlaw Today’s story about his joining the firm, Turman says his “move to Lowenstein would facilitate building out the ‘three-legged stool’ of … [my] … practice, incorporating cross-border transactions, finance and technology.”

Private Equity Wire, Law.com International/Middle East and Africa, Reuters, Bloomberg Law, and ROI-NJ also cover Turman’s transition to Lowenstein. (subscription required to view certain content) View Lowenstein's news announcement about Turman joining the firm.
September 18, 2020 September 18, 2020
Brian Nistler comments in CoinDesk regarding the “One Company, One Exam” plan proposed by the Conference of State Bank Supervisors, designed to streamline regulations and supervision over the nation’s largest financial technology payment firms and cryptocurrency exchanges.
September 14; September 16-17, 2020 September 14; September 16-17, 2020
Lowenstein’s representation of independent private equity firm NexPhase Capital, LP in the sale of Insurance Technologies, LLC to private equity firm Thomas H. Lee Partners is noted in Business Wire, Cision PR Newswire, citybizlist, TheStreet, Bloomberg Law, and the Global Legal Chronicle. The Lowenstein deal team included Christopher C. Henry, Michael Walutes, Zarema A. Jaramillo, Doreen M. Edelman, Jack Sidorov, Megan Monson, Matthew Tippy, Amanda C. Lutick, and Michael T. Melchiorre. View Lowenstein's news announcement about this transaction.
September 15, 2020 September 15, 2020
In Bankrate, Ed Zimmerman and Meredith Beuchaw of Lowenstein Sandler’s Tech Group discuss 2020’s booming tech IPO market and SPAC trend. Contrasting the current IPO market with the over-hyped bubble, Adjunct Professor of Venture Capital at Columbia Business School and Lowenstein Sandler’s Tech Group Chair Zimmerman says: “The companies that we’re seeing going public in the tech world today are performing,” adding that SPACs may be more risky. “SPACs – what happens if they clock out before they can roll out a company? They may close deals, but they may catch falling knives to complete their mandate.”

Both lawyers anticipate an impact from the upcoming election. Zimmerman advises growth equity investors, VCs and management teams that are poised to IPO “to think carefully about the timeframe for their investments and how they might deal with fallout from November.” Beuchaw observes: “Companies are prepping for potential disruptions, even if they don’t come to pass….If capital dries up, that could lead companies to take an alternative path to get into the public markets…– IPOs, SPACs.” She says, “They’re dual-tracking an entry into public markets, perhaps through a merger or acquisition.”
September 15, 2020 September 15, 2020
Ed Zimmerman, Chair and co-founder of Emerging Companies & Venture Capital (fka, The Tech Group), and Adjunct Professor of Venture Capital at Columbia Business School, is quoted in The Real Deal, discussing the lawsuit regarding the co-founding of Compass, a real estate tech startup that has raised more than $1.5 billion from investors, including Softbank. The lawsuit pertains to whether plaintiff Avi Dorfman (who, according to the court, was a co-founder of Compass), is entitled to shares of stock in Compass (reportedly recently “valued at $6.4 billion”) or solely cash damages. The case, which has been compared to the “Facebook/ Winkelvoss lawsuit,” is presently pending in New York. Zimmerman’s view: “The brokerage likely wants to avoid a fiduciary relationship with Dorfman. With shares, Dorfman would be empowered to request financial information, and it’s possible his vote would also be needed to approve a company sale. If the court awards him cash, their relationship is contractual and short-lived. They rip the Band-Aid off.”
September 11, 2020 September 11, 2020
Matt Savare speaks to Adweek about how media buyers can protect themselves if they still want to buy advertising on TikTok despite the app’s issues with the U.S. government. He suggests they consider including provisions in their contracts so parties can opt out of doing business with TikTok if it becomes illegal, or if they are concerned about the app’s new owner. Savare also notes that the ultimate buyer is going to go out of its way to be advertiser friendly.
September 10, 2020 September 10, 2020
Matt Savare speaks to International In-House Counsel Journal on the evolution of media buying and technology, stating that “Revising the industry-accepted set of terms is a massive undertaking that will require the entire ecosystem to come together, express their diverse views, and compromise on issues for the greater good of increasing contracting efficiency, reducing legal costs, and simplifying a complex process. … [However,] broad consensus is achievable.”
August 24; August 25; August 27, 2020 August 24; August 25; August 27, 2020
Crunchbase News, Precision Oncology News, Pulse 2.0, and the Global Legal Chronicle report on the $118 million Series B funding for Lowenstein client MURAL, the leading digital workspace for visual thinking and remote collaboration. The Lowenstein deal team included Ed Zimmerman, Alex D. Leibowitz, Serena Ward, Brian A. Silikovitz, Darren Goodman, Mark P. Kesslen, and Carly S. Penner. View Lowenstein's news announcement about this transaction.
August 12; August 17; August 20, 2020 August 12; August 17; August 20, 2020
The release of Lowenstein’s research report, Getting Paid: A Look at Representations & Warranties Insurance, by Lynda A. Bennett, partner and Chair of Lowenstein’s Insurance Recovery Group, and Eric Jesse, counsel in the group, is noted in Private Equity Wire, DealLawyers, Yahoo! News, Private Equity Professional, and the American Bar Association's Business Law Section Business Law Today newsletter. The report found while R&W policies have proliferated, a key question remains unanswered: Do insurers actually pay the claims? The answer is “yes”–with some caveats. View Lowenstein's news announcement about the report.
August 20, 2020 August 20, 2020
Doreen M. Edelman speaks to The Deal about the national security challenges raised for any American corporation buying TikTok's U.S. business. “The devil will be in all the details, and that will be something important for other companies to watch,” she says, adding that “[w]ith the Trump administration fearful that Beijing mines personal information for espionage, blackmail and stolen identities, a ban on foreign access to user data is likely.” She warns that CFIUS mitigation for this transaction may be necessary: “There will have to be separate servers, locations will not be in China, [and] there will be different policies and procedures that will affect the U.S. company.”
August 18, 2020 August 18, 2020
Michael B. Himmel, Chair of the firm’s White Collar Defense practice, speaks to the FTI Journal about the importance of conducting internal investigations in a timely manner, even when faced with the challenges of remote work environments in a global pandemic. Himmel says, “When dealing with allegations, an organization’s action or inaction can mean the difference between being granted a deferred prosecution agreement from the Department of Justice or not. … From the civil perspective, how quickly an audit committee responds to an allegation can determine whether a derivative lawsuit has merit.”
August 15, 2020 August 15, 2020
Jeffrey Blumenfeld speaks to CNN about a suit by Epic, developer of the popular game Fortnite, against Apple and Google for what Epic claims to be anti-competitive practices in the defendants’ app stores and payment policies. He says that Apple “could argue that the 30% fee for in-app purchases pays for running the App Store and reviewing apps to ensure they are not security risks.” For Epic to prevail, Blumenfeld believes the court would have to be "pretty strongly convinced" that forcing Google and Apple to change their distribution practices would benefit consumers in the long run. He states, "I have a very hard time believing that the result of this lawsuit is that the court says that Apple is not permitted to control distribution of apps through its own App Store."
August 15, 2020 August 15, 2020
Doreen M. Edelman comments in Business Insider on the risks for venture capital firms under the Trump administration’s increased scrutiny of foreign investment, as illustrated by the executive order banning TikTok in this country and ordering its parent ByteDance to undo a years-old merger that led to the app's expansion around the world. "I don't feel that enough of the venture companies and the [private equity] backed companies in tech and data understand that this ... could be a real issue," she says.

She explains the broad reach of the Committee on Foreign Investment in the United States (CFIUS), which can not only review but also force changes to deals closed long ago. “There’s no time limit,” she says. There is also no requisite size for a company to come under CFIUS review. "There's no de minimis," Edelman continues. "There's no lower threshold." (subscription required to access article)
August 13-14, 2020 August 13-14, 2020
Law.com reports that mergers and acquisitions attorney Meredith Beuchaw has joined Lowenstein Sandler’s Emerging Companies & Venture Capital (fka, The Tech Group) as partner, noting that “[w]hile laterals for certain practice groups, such as life sciences and bankruptcy and restructuring, have been quite active during the pandemic, M&A attorney pickups have been less common.” Beuchaw says, “Joining Emerging Companies & Venture Capital (fka, The Tech Group) provides the opportunity to participate in a community of lawyers who are renowned for their creative and strategic approaches to uniting visionaries and funders.” The article goes on to note that the firm “has seen significant growth in revenue and head count over the past decade ... [and has] increased revenue by a whopping 43% from its 2011 numbers.”

Beuchaw's arrival to Lowenstein is also noted in Bloomberg Law, General Counsel News, and Westlaw Today. View Lowenstein's news announcement about Beuchaw joining the firm.
August 2, 2020 August 2, 2020
Doreen M. Edelman is interviewed by Foreign Investment Watch, a publication focused on the intersection of national security and foreign investment, which recently named her one of its top ten advisors in 2020. Edelman discusses the reasons why a CFIUS review is critical for startups, private equity, and venture fund companies, and she looks at the new real estate provisions of FIRRMA, which cover “not just investment in a U.S. business with real estate but also leases, purchased land, and concessions.” She also addresses the Trusted Capital Program, a Department of Defense program that matches prescreened investors with companies working on technology or products of national security interest. Finally, Edelman looks at reporting obligations under the International Investment and Trade in Services Survey Act, which requires all U.S. businesses to file reports identifying foreign direct investment that results in a foreign entity owning or controlling 10 percent or more of a U.S. business.
July 30, 2020 July 30, 2020
Lowenstein represented both Serial Productions and “This American Life” in a pair of simultaneous deals with The New York Times Company (which acquired Serial and struck a strategic alliance with “This American Life”) as noted in The New York Times, The Wall Street Journal, MarketWatch, citybizlist, Variety, finanzen.net, and Global Legal Chronicle among others. Lowenstein’s deal team included Ed Zimmerman, Anthony W. Raymundo, and Matt Savare. View Lowenstein's news announcement about these transactions.
July 29, 2020 July 29, 2020
Kenneth A. Rosen is quoted in Bloomberg Law discussing the rising need for additional bankruptcy attorneys and related support in the wake of the COVID-19 pandemic. As Chair of the Bankruptcy Department, Rosen describes how Lowenstein has focused efforts on bolstering the team for over a year in anticipation of an economic downturn.
July 20; July 23, 2020 July 20; July 23, 2020
Lowenstein's representation of InSite Wireless Group, LLC (InSite), one of the largest privately owned tower and wireless infrastructure companies in the United States, in the acquisition of Repeater Communications Group, LLC, is highlighted in The Deal, the Global Legal Chronicle and Cision PR Newswire. The Lowenstein deal team included Michael A. Brosse, Nicole Rae Morales, and Michael Walutes. View Lowenstein's news announcement about this transaction.
July 20, 2020 July 20, 2020
The Deal reports on the acquisition by Lowenstein client InSite Wireless Group, LLC, one of the largest privately owned tower and wireless infrastructure companies in the United States, in the acquisition of Repeater Communications Group. The Lowenstein deal team included Michael A. Brosse, Nicole Rae Morales, and Michael Walutes. View Lowenstein's news announcement about this transaction.
July 8, 2020 July 8, 2020
In Business Insider, Kathleen A. McGee discusses why some companies backed by venture capital or public-equity investors received small-business loans under the PPP. She explains that the rules never explicitly prohibited venture-backed startups from taking part in the program and that startups do not necessarily have access to all of their backers’ capital. “There is a misconception amongst the public that if you have a VC that you are automatically rolling in money,” she says, “And if you talk to any startup, they will tell you that is absolutely not true.”
July 7, 2020 July 7, 2020
Kathleen A. McGee is mentioned in Reuters and The New York Times in an article about companies that raised funds in 2020 through private equity or venture capital investments but that also applied for and received government relief through PPP loans during the COVID-19 pandemic. The piece notes that McGee “has advised companies that if they have cash in the bank that will sustain them for a year, then it could be a red flag for regulators later.”
June 22; June 26, 2020 June 22; June 26, 2020
The Deal notes that Steven E. Siesser and Traci M. Tomaselli of Lowenstein Sandler represented the management of HealthPlanOne, a digital distributor of health insurance products, in a transaction in which Lightyear Capital will purchase a majority stake in the company from Peloton Equity and other investors. The Associated Press, PE Hub, The Daily Times, Business Wire, and the Global Legal Chronicle, and other media outlets also reported the recapitalization. In addition to Siesser and Tomaselli, the deal team includes James E. Gregory, Lesley P. Adamo, and Taryn E. Cannataro.
June 22, 2020 June 22, 2020
Lowenstein's representation of issuer Celldex Therapeutics, Inc. (Celldex) (Nasdaq: CLDX) in connection with the company’s approximately $150 million public offering of common stock is highlighted in the Global Legal Chronicle. The Lowenstein team included Anthony O. Pergola, Alan Wovsaniker, Kate Basmagian, Alexander Dinur, Madeline Roe, Sarah Gore, and Robert J. Paradiso. View Lowenstein's news announcement about this transaction.
June 12, 2020 June 12, 2020
Mary M. Collins, President and CEO of the Media Financial Management Association, discusses the article, “Redesigning the Workplace,” by Amy Komoroski Wiwi and Lauren M. Hollender (published in May/June 2020 issue of The Financial Manager), in her column for TVNewsCheck. Collins reiterates the authors’ counsel on employment issues arising from working from home during the pandemic, including the classification of independent contractors and possible audits, remote privacy concerns and training, and Federal Fair Labor Standards Act (FLSA) requirements. She also discusses their points about joint-employer liability, which can vary by jurisdiction, for companies using staff through agencies.
June 9, 2020 June 9, 2020
CIO Dive features Mary J. Hildebrand CIPP/US/E, partner and Chair of the firm’s Privacy & Cybersecurity practice in an article on the privacy and security ramifications of working remotely in the wake of the COVID-19 pandemic. Hildebrand notes that businesses have had to cede “control of the work environment” as everyone turned to Zoom and other online channels, exposing companies to both cybercriminals and potential privacy violations. She also observes that regulators have not been aligned on enforcement of data privacy laws in response to COVID-19, relaxing rules under HIPAA while forging ahead to enforce the California Consumer Privacy Act on July 1. Hildebrand also points to the lack of definitive federal legislation to regulate the collection and use of medical information for purposes of contact tracing. Google and Apple, creators of a framework for mobile apps that notify those at risk for COVID-19, also established parameters for digital contact tracing that include user consent and other privacy features. In a situation where Congress has so far failed to act, it's plausible, says Hildebrand, that private enterprise has taken on “a quasi-governmental role” in an effort to fill the void.
May 29, 2020 May 29, 2020
Dealreporter spoke to Doreen M. Edelman about a new Treasury Department proposal that will clarify when inbound investors of U.S. critical technologies need to make a mandatory filing with CFIUS. She says this will narrow the definition of transactions covered by the Foreign Investment Risk Review Modernization Act, making it less “fuzzy” and subjective. She adds that the “same analysis that parties have used to determine whether they are subject to export controls will help them determine whether their CFIUS filings are mandatory or not.” (subscription required to access article)
May 28, 2020 May 28, 2020
Lowenstein's representation of PeakSpan Capital in an investment transaction in which PeakSpan, Morgan Stanley Expansion Capital, and others invested more than $42 million in Ecwid is noted in the Global Legal Chronicle. The Lowenstein team was led by Anthony O. Pergola and Juan B. Soto and included Ifat Lipman, Joon Hwan Kim, and Serena Ward, with support from Darren Goodman, Eric Jesse, Leah Satlin, Sophia Mokotoff, and the firm’s Global Trade & National Security team (led by Doreen M. Edelman), among others. View Lowenstein's news announcement about this transaction.
May 27-28, 2020 May 27-28, 2020
Aircall's $65 million Series C funding round, the result of an international team from Osborne Clark (including Lowenstein Sandler) advising DTCP's Venture and Growth Fund II, is noted in TechCrunch, Inside Intercom, Business VoIP, Venture Capital Journal, SiliconANGLE, Silicon Republic, and VentureBeat. (The Lowenstein team was led by Anthony O. Pergola and Alex D. Leibowitz, along with Matthew W. Stichinsky and Jenna-Marie Tracy, and the firm’s Global Trade & National Security team (led by Doreen M. Edelman), among others.) View Lowenstein's news announcement about this transaction.
May 26, 2020 May 26, 2020
Lowenstein's representation of Aspiration Partners, Inc. in its $135 million Series C financing round is noted in the Global Legal Chronicle. The Lowenstein team was led by Anthony O. Pergola and Chandra K. Shih and included Juan B. Soto and Christopher T. Pham. View Lowenstein's news announcement about this transaction.
May 22, 2020 May 22, 2020
Boardroom Insider features comments by Lynda A. Bennett on D&O liability risks in the wake of COVID-19. She notes that insurance companies will “take a careful look at your public disclosures on preparations and risk factors” and that a legitimate “notice of circumstances” now can lock in coverage under current terms for possible future claims. Bennett also observes: “There’s going to be a scramble to keep Side A coverage in place,” with the price for this kind of personal protection likely to go up. Finally, she cautions that “[t]here will be no more rote renewals.” Bennett expects tighter terms, broader exclusions for risks associated with pandemics, more questions about preparedness, and increased premiums from fewer providers. (subscription required to access article)
May 21, 2020 May 21, 2020
Fortune reports that Lowenstein client Aspiration Partners, a fast-growing financial firm with a conscience, has secured $135 million Series C financing, bringing total funding raised to date to more than $200 million. The Lowenstein team was led by Anthony O. Pergola and Chandra K. Shih and included Juan B. Soto and Christopher T. Pham.
May 21, 2020 May 21, 2020
Christopher Porrino, former New Jersey Attorney General and Chair of Lowenstein’s Litigation Department, speaks to ROI-NJ about law enforcement’s aggressive pursuit of alleged price gougers. He says, “Now, not only is the state pursuing civil penalties against those who price-gouge, for the first time in memory, federal authorities are seeking criminal penalties using a 1950s era statute. … The pursuit of criminal penalties in New Jersey is unprecedented in this context, and those businesses that enter the supply chain for scarce personal protective equipment need to beware. This aggressive criminal enforcement is not something legal scholars and law firms predicted, but it is happening at a fevered pace right now in New Jersey and around the country.”
May 18, 2020 May 18, 2020
Kathleen A. McGee is quoted in Law360 on the federal government’s evolving guidance about qualifications for SBA PPP loans and the next steps for companies now that the deadline to return those loans has passed. "Initially, there weren't a lot of questions," she says. “Although from the start we were advising clients that … you did have to show need and you had to establish that need was immediate need." When the SBA issued clarifications in late April regarding ownership and affiliation that especially affected technology and VC-backed companies, “that's when people really started to, I would say, panic," she says. McGee notes that even companies with loans under $2 million may still face Department of Justice scrutiny and possible whistleblower suits under the False Claims Act. (subscription required to access article)
May 8, 2020 May 8, 2020
In Inc., Julie Levinson Werner discusses how businesses should plan to reopen and stay open post-COVID-19. She recommends training staff on new cleaning and health protocols such as temperature-taking, in addition to rethinking where workers sit in relation to each other. She warns, “Companies that don't outline these new protocols clearly could face official complaints and reputational damage.”
May 2, 2020 May 2, 2020
Ed Zimmerman, partner and Chair of Emerging Companies & Venture Capital (fka, The Tech Group), is quoted in Business Insider discussing the SBA’s issuance of new rules and guidance that may retroactively disqualify many venture-backed startups from receiving small business loans as part of the federal government’s coronavirus relief effort. Zimmerman notes that some companies are already paying back funds they received in response to the new rules after being encouraged to apply for the program by Treasury Secretary Steve Mnuchin. He states that the SBA and Treasury Department have “really muddied the water” with the latest guidelines. (subscription required to access article)
April 17, 2020 April 17, 2020
Ed Zimmerman and Kathleen A. McGee of Lowenstein’s Emerging Companies & Venture Capital group are quoted in The New York Times and Reuters on the risks for venture-backed startups seeking government stimulus aid. McGee warns companies with large cash reserves that applying for SBA loans now could “probably … be a flag raised for regulators who are combing through these applications at another time.” Zimmerman also advises caution: “One thing that I have said to one or two clients is you might not like me very much today or in three months, but I think you’ll like me four years from now when you’re reading about investigations and private lawsuits in the paper and you don’t have this in your background.”
April 17, 2020 April 17, 2020
In Built In, Ed Zimmerman, Kathleen A. McGee, and Kimberly E. Lomot discuss the confusion regarding startups' eligibility under PPP for SBA loans, including how venture capital-backed growth companies should consider certifying “need” under the CARES Act. “The reporting in the press was, ‘Startups are totally ineligible or almost totally ineligible,’” says Zimmerman. “But that’s not what the law says. That’s analysis under Section 103, and the proper way to do the analysis is under 301.” He goes on to clarify under what conditions “negative control” by minority owners may constitute affiliation so as to bar PPP loan eligibility, and how to avoid this through irrevocable waivers or amended charters.

Both Zimmerman and McGee emphasize the importance of documentation. McGee, former Bureau Chief at the New York State Attorney General’s Office, explains the potential risk of future prosecution for companies applying for PPP without having properly assessed the “necessity” certification: “If it is demonstrable on the budget in the Excel spreadsheet you’re keeping that things are going to get much tighter because of COVID-19, then I think you’re justified. … But you have to have that good faith justification. If you have a year of bank, it’s probably going to be a flag raised for regulators.”

Lomot, who has years of experience counseling both borrowers and lenders on SBA loans, also urges caution in taking the certifications seriously: “eagerness to claim available funds…could get startups in trouble if they’re not applying in good faith.”
April 8, 2020 April 8, 2020
In Inc., Matthew J. Moisan praises the SBA’s clarification of PPP eligibility for VC-backed startups as helping create “a fast, inexpensive process for the companies.” The SBA now defines an affiliate as an investor who can block actions by a startup's board of directors; if the investor relinquishes that right, the business is no longer considered an affiliate and will have a better chance of meeting the headcount requirement and eventual success in its loan application.
April 6, 2020 April 6, 2020
Dotan Barnea, Co-chair of the firm’s Israel Practice Group, is quoted in Globes discussing the eligibility of Israeli startups and growth companies for assistance from the United States’ recent $2 trillion-dollar federal program for small and medium-sized businesses. He says, "Israeli startups with significant activity in the United States influenced by the COVID-19 crisis should definitely look at the PPP loans,” although he cautions that applicants must show that the management of the company was done by American citizens or green card holders.
April 3, 2020 April 3, 2020
Matthew J. Moisan comments in Inc. magazine on VC-backed startup eligibility for the Paycheck Protection Program. If investors have the right to veto a merger or dissolution under the certificate of incorporation, the portfolio companies might be considered affiliates and thus ineligible for assistance. "We are interpreting that this type of provision is not indicative of control or of affiliation, but the rules are imprecise," he says.
March 25, 2020 March 25, 2020
Doreen M. Edelman is quoted in The Wall Street Journal’s article on calls to delay or roll back tariffs during the COVID-19 pandemic, which are currently being determined on a case-by-case basis. She notes: “Having a tariff that is intended to punish China, but is being paid for by middle-America consumers who may currently be out of work, seems unfair at best and counterproductive.” (subscription required to access article)
March 23, 2020 March 23, 2020
In Law.com, Christopher Porrino, former Attorney General of New Jersey and now Chair of Lowenstein Sandler’s Litigation department, discusses the impact on law firms of New Jersey Governor Phil Murphy’s executive order closing nonessential businesses. Executive Order 107 does not mention law firms, but its accompanying FAQs advise that they may continue to operate but must accommodate employees working from home “wherever practicable.” Porrino says, “I don’t think lawyers deserve any special or different treatment. We all need to do our part.”
March 16-17; March 23, 2020 March 16-17; March 23, 2020
The arrival of former U.S. Treasury national security lawyer Christian C. Contardo to Lowenstein’s Global Trade & Policy practice in the firm’s Washington, D.C., office is noted in Bloomberg Law, Washington Business Journal, General Counsel News, The Washington Post, Reuters, and The Deal. Contardo has over a decade of experience in federal agencies such the Department of Homeland Security, Immigration and Customs Enforcement, and Treasury, including with the Office of Foreign Assets Control (OFAC) and the Committee on Foreign Investment in the United States (CFIUS).
March 17, 2020 March 17, 2020
In Tax Notes, Doreen M. Edelman comments on requests made by U.S. trade groups asking the Trump administration to remove section 301 tariffs in light of the financial uncertainty surrounding the coronavirus pandemic; she notes that exclusions alone may not be sufficient to help U.S. businesses. “These tariffs were intended to hurt China, but trade policy experts knew when the announcement was made that the administration was mixing apples and oranges," she says. "The companies were to 'take one for the team' and take the long view that the policy to alienate China was a good policy. The effect of the virus on retail companies will put the icing on the cake for retail companies.”
February 25; March 10, 2020 February 25; March 10, 2020
In Corporate Counsel (February 25, 2020), Doreen M. Edelman, Chair of Lowenstein’s Global Trade & National Security group, discusses why GCs of financial services companies focused on cryptocurrency, payment systems, mobile banking, and insurance-related technologies need to understand the new changes in regulations governing reviews by the Committee on Foreign Investment in the United States [CFIUS] of foreign investment transactions. She says, “This is such an expanded group of companies because the way CFIUS looks at this now is like this is an episode of ‘Homeland,’” adding that “something else GCs ought to know is that the risk may be bigger for the buyer than the seller. It depends on how the agreement is written and what the investment is.” Edelman adds, “Also, there is no de minimis on this. If it is a $3 million investment, you still have to consider CFIUS.” She remarks that if she were an in-house lawyer, “I would want to have [the transaction] reviewed initially and get something in writing that I had someone review it and tell me what my risks are if I don’t file, or why I don’t need to file [for a CFIUS review] in case the government comes knocking on the door later.” Furthermore, another Corporate Counsel article (March 10, 2020) by global trade lawyers from Kirkland & Ellis references Edelman and Abbey E. Baker’s piece, “Did ‘Silicon Valley’ Get CFIUS Right? Can It Really Ruin Everything?,” where they observe how the HBO show’s writers misunderstood how CFIUS actually functions.
March 9, 2020 March 9, 2020
Lowenstein's representation of Computershare Limited in entering into a binding agreement to acquire the business and assets of Corporate Creations Enterprises LLC is noted in the Global Legal Chronicle. The Lowenstein team included Jonathan C. Wishnia, Bianka V. Barraza, Madeline Roe, Brian A. Silikovitz, Kristin V. Taylor, Julie Levinson Werner, Megan Monson, Taryn E. Cannataro, Stuart S. Yusem, Bryan Sterba, Jenna-Marie Tracy, Matthew P. Hintz, Matthew M. Oliver, Michael T. G. Long, Michael C. Townsend, and Eric Jesse.
February 20-21; February 25, 2020 February 20-21; February 25, 2020
PE Hub, Opalesque, Markets Media, MarketScreener.com, TMCNet.com, and the Global Legal Chronicle note Lowenstein Sandler’s representation of ACA Compliance Group, a leading global provider of governance, risk, and compliance advisory services and technology solutions, in the sale of its NorthPoint product suite and technology consulting practice to Credit Suisse Asset Management's NEXT Investors, a leading fintech growth equity group. The Lowenstein deal team included Michael A. Brosse, Michael T. Melchiorre, Michael Walutes, Nicholas G. Mehler, Megan Monson, and Taryn E. Cannataro. (subscription required to view certain content) View Lowenstein's news announcement about this transaction.
February 24, 2020 February 24, 2020
Pensions & Investments features comments by Ed Zimmerman, partner and Chair of Emerging Companies & Venture Capital (fka, The Tech Group), on how the hunt for potential unicorns by venture capital funds has resulted in a “lack of discipline” and an increase in vanity valuations. He says, “These valuations are not supported by the recent transactions of comparable companies or by any other metric. … [M]oney is being spent by some managers based on the need to deploy capital.” (subscription required to access article)
February 20-21, 2020 February 20-21, 2020
AltAssets and GlobeNewswire report on Lowenstein’s representation of One Inc. in the company’s recapitalization led by Great Hill Partners. The Lowenstein deal team included Kathi A. Rawnsley, Darren Goodman, Brian A. Silikovitz, Megan Monson, Chandra K. Shih, Sarah Gore, Christopher T. Pham, Kristin V. Taylor, and Chad M. P. Weeks.
February 19, 2020 February 19, 2020
William Brannan is quoted in Law360 and cryptonews, where he provides an analysis of Telegram’s $1.7 billion digital token sale of Grams and the need for regulatory clarity for early stage companies in the digital asset and blockchain space. (subscription required to access article)
February 13, 2020 February 13, 2020
Doreen M. Edelman, Chair of the firm’s Global Trade & National Security group, addresses the risks for U.S. dealmakers posed by the new rules implemented by the Committee on Foreign Investment (CFIUS) in an article in The Deal. The February 13^th implementation of the Foreign Investment Risk Review Modernization Act, or FIRRMA, extends the authority of the Committee in ways that will impact “[t]ech startups, private equity firms, hedge funds, C-suite executives and other stakeholders,” says Edelman, warning that “transactions could be jeopardized if parties don’t fully understand the new regulatory regime adopted by the Treasury Department, which oversees the nine-member government panel.” She adds that stakeholders must carefully classify their products and technologies; in “some cases, tech companies may not realize they have Chinese investment that could attract the committee’s attention or may wrongly assume that a small stake isn’t a concern.”
January 24, 2020 January 24, 2020
Mary J. Hildebrand, the founder and chair of the firm’s Privacy & Cybersecurity team, comments on the United Kingdom’s new privacy laws aimed at protecting children online in an article in Law360. The U.K.'s Information Commissioner's Office’s Age Appropriate Design Code requires set stricter standards for designing, developing or offering online services that children are likely to access including turning off geolocation tracking and profiling by default, and minimizing data collection and sharing. Hildebrand observes that compliance will require “a lot of work and a lot of judgment calls to be made, sometimes in a vacuum and likely without a lot of guidance…. A lot of back-and-forth between the industry and the U.K. data protection authority is likely to be required." She adds: "It will be interesting to see how the balancing test between the commercial interests of the website operator and the privacy interests of the child plays out.” (subscription required to access article)
January 10-16, 2020 January 10-16, 2020
Lowenstein’s representation of Thames Valley Communications (TVC) in its acquisition by Atlantic Broadband is noted in Light Reading, Telecompaper, citybizlist, Global Legal Chronicle, and Business Wire. TVC is a broadband services company operating in Southeastern Connecticut. Atlantic Broadband, a subsidiary of Cogeco Communications Inc. (TSX: CCA), is the eighth-largest cable operator in the United States. The Lowenstein deal team included Michael A. Brosse, Eugene R. Cheval, Claudia Lorenzo, Michael Walutes, and Megan Monson.
January 13, 2020 January 13, 2020
Ed Zimmerman’s comments are featured in The New York Times, Reuters, Deal Street Asia, and Business News World in an article on market conditions for mergers, acquisitions, and financing for late-stage startups and tech growth companies in the wake of WeWork’s failed IPO. Zimmerman, Chair of Lowenstein’s Tech Group, observes that overfunded growth companies could clog the market for venture-backed M&A: "How do you buy a company with $400 million or $800 million of liquidation preference for under a billion dollars?” (subscription required to access The New York Times article)
January 6, 2020 January 6, 2020
Matt Savare’s predictions about artificial intelligence in 2020 are included in a roundup of opinions by legal technology thought leaders in Law.com. He anticipates that “transparency and traceability will capture the cultural and political zeitgeist. We’re already seeing this trend with laws such as the GDPR and CCPA and various proposed laws regarding bias in artificial intelligence.” He further predicts that the “conversation regarding data will move from one focused primarily on security to one focused on ownership, fairness, and trust.” (subscription required to access article)
January 1, 2020 January 1, 2020
Doreen M. Edelman contributes her 2020 predictions on potential legal issues in international trade in Law360. She notes that the Commerce Department has still not developed guidance on a rule, announced in 2018, on which “emerging and foundational technologies” are subject to export controls. She warns that, to date, many owners and developers of, and investors, in technology such as artificial intelligence, 3-D printing, quantum computing, and robotics “have not focused on export control requirements for these technologies. … Thus, these companies must quickly learn when export controls apply” to them to ensure compliance. (subscription required to access article)
January 1, 2020 January 1, 2020
Mary J. Hildebrand contributes to Law360’s roundup of 2020 predictions for privacy and cybersecurity law by thought leaders in the field. She says that recent data protection laws like California's Consumer Privacy Act and the EU’s GDPR, where “companies' ability to use and disclose data is … determined by the nature of the rights granted to them by the user or owner of the data,” contribute to the growing trend of viewing data as a “separate asset class with a new and rapidly emerging legal framework around it.” (subscription required to access article)
2017-2019 2017-2019
Jonathan L. Lewis has been quoted in numerous Law360 articles regarding timely antitrust issues. Articles include: "DOJ’s Heir-Tracking Case Shows Fight For Clear Standard," "DOJ Antitrust Division Gets Off The Sidelines," "Will FTC Win 'Radically Reshape' Cell Patent Licensing?," and "Competition Cases To Watch For The Rest Of 2017."
September 23-27, 2019; December 19, 2019 September 23-27, 2019; December 19, 2019
Lowenstein’s role representing Arotech Corporation (ARTX) in its agreement to be acquired for approximately $80.8 million is mentioned in The Deal, Law360 (September 23, 2019; September 27, 2019), the Global Legal Chronicle, GlobeNewswire, Crain's Detroit Business, Yahoo Finance, and Nasdaq. The Lowenstein deal team included Steven M. Skolnick, Alan Wovsaniker, Kate Basmagian, Elisia M. Klinka, and Mitchell McDonald. (subscription required to access certain content) View Lowenstein's news announcement about this transaction.
December 4-6, 2019 December 4-6, 2019
Lowenstein's representation of NexPhase Capital, LP in its agreement to sell Flexible Architecture & Simplified Technology, LLC, to Verisk Analytics, Inc., is noted in Cision PR Newswire, Law360, Bloomberg Law – Big Law Business, TMCNet.com, and the Global Legal Chronicle. Law360 specifically mentions Christopher C. Henry, Michael Walutes, and Kimber Hargrove. The Lowenstein deal team included Christopher C. Henry, Zarema A Jaramillo, Marc S Kurzweil, Jack Sidorov, Michael Walutes, Julie Levinson Werner, Bianka V. Barraza, Bettina C. Elstroth, Katie R. Glynn, Kimber Hargrove, Amanda C. Lutick, Stefanie Manna, and Megan Monson. (subscription required to access certain content) View Lowenstein's news announcement about this transaction.
November 15, 2019 November 15, 2019
Lowenstein's representation of ACV Auctions in its $150 million late-stage venture capital financing is noted in the Global Legal Chronicle. The Lowenstein team included Anthony O. Pergola, Dotan Barnea, Joon Hwan Kim, and Cecily Larison. View Lowenstein's news announcement about this transaction.
November 11; November 14, 2019 November 11; November 14, 2019
Lowenstein Sandler's representation of ZMC in its investment in CommentSold, Inc. is noted in The PE Hub Network, Business Wire, Financial News, and the Global Legal Chronicle. The Lowenstein team included Steven E. Siesser, Lesley P. Adamo, Elisia M. Klinka, Darren Goodman, Julie Levinson Werner, Anita L. Chapdelaine, Nicole Rae Morales, Nicole Stefanelli, Megan Monson, Eric Jesse, Sophia Mokotoff, Carly S. Penner, Bryan Sterba, Manali Joglekar, Mark P. Kesslen, Daniel A. Suckerman, Kimberly E. Lomot, and Doreen M. Edelman. View Lowenstein's news announcement about this transaction.
November 12, 2019 November 12, 2019
Mary J. Hildebrand CIPP/US/E, partner and Chair of Lowenstein’s Privacy & Cybersecurity group, comments in TechRepublic on the risk of ransomware to startup and midsize healthcare companies, observing that there is no “one-size-fits-all” solution. "For every organization that adamantly refuses to cooperate, there is another one that weighs the relative costs of non-compliance in terms of interrupted healthcare, costs, expenses and reputational risk, against the amount demanded, and decides to wire the funds," she says.

In a second TechRepublic article on the subject, she addresses disclosure requirements under HIPPA when ePHI (electronically protected health information) is compromised. "OCR argues that ePHI was acquired during the encryption process, unless the covered entity that was attacked can prove otherwise," she says. "As any healthcare organization that has wrestled with this issue can tell you, this is a high bar to meet." Hildebrand recommends being prepared with a disaster recovery plan that “includes data back-ups, applications, infrastructure/cloud capacity, and appropriately skilled staff,” and keeping messages to employees and patients “brief, factual, and timely.”
November 6-10, 2019 November 6-10, 2019
Lowenstein's representation of MKG, Pink Sparrow, and Maneesh K. Goyal, the founder and chairman of both companies, in those entities’ acquisition by Acceleration Community of Companies is noted in The Hollywood Reporter, Business Wire, the Valdosta Daily Times, the Global Legal Chronicle, PR Week and citybizlist. The Lowenstein deal team included Steven E. Siesser, Traci M. Tomaselli, Lesley P. Adamo, Nicole Stefanelli, Madeline Roe, Sophia Mokotoff, and Megan Monson.
November 9, 2019 November 9, 2019
Lowenstein's representation of W2O, the leading independent provider of analytics-driven, digital-first marketing communications to the health care sector, in the acquisition of Arcus Medica, a recognized leader in medical and scientific communications, highlighted in the Global Legal Chronicle. The Lowenstein deal team included David L. Goret, Marita A. Makinen, Andrew P. Erdmann, Matthew Tippy, Eugene R. Cheval, Tracy F. Buffer, Michael Walutes, Sophia Mokotoff, Megan Monson, Matt Savare, Bryan Sterba, Mary J. Hildebrand, Manali Joglekar, Carly S. Penner, Amy Komoroski Wiwi, and James C. Shehan. View Lowenstein's news announcement about this transaction.
September 30-October 4; November 7, 2019 September 30-October 4; November 7, 2019
TCG Capital Management’s $83 million investment in Lowenstein client Food52 by was reported by The Wall Street Journal, Vox, Yahoo! Finance, Cision PR Newswire, The Big Lead, TMCNet.com, The PE Hub Network, Bloomberg Law – Big Law Business, Markets Insider, Morningstar, benzinga, StreetInsider.com, Financial Content, Law360, IT News Online, and the Global Legal Chronicle. (The Lowenstein Sandler deal team was led by deal lawyers Ed Zimmerman and Alex D. Leibowitz, with tax support from Brian A. Silikovitz and James E. Gregory (executive compensation). The Lowenstein attorneys on the team were Robert W. Lynn, Pooja Patel, Elias Kwon, Bianka V. Barraza, and Matthew J. Moisan, with subject matter expertise from Sophia S. Mokotoff (tax), Megan Monson (executive compensation), Leah Satlin (commercial contracts), Taryn E. Cannataro (executive compensation), and Eric Jesse (insurance). View Lowenstein's news announcement about this transaction.
October 21, 2019 October 21, 2019
Lynda A. Bennett comments in Legaltech News on why some law firms choose cybersecurity vendors pre-vetted by their insurance company, some opt for their own selection, and others seek precertification of their own vendors. “I think that the insurance company, in general, is investing a lot of time and money to vet if those cybersecurity companies are qualified and capable,” she says. “I think the insurers, when you ask them to add your own vendor, they may be willing to do that but there might be a higher deductible or self-insured retention up front.” Bennett further observes that “some law firms are inquiring whether they can get vendors [who] right now manage their data to be preauthorized in the event of a breach, and that’s really driven by how law firms are very concerned about keeping their confidential data confidential. … Rather than having a discussion and debate when a data breach is ongoing, they are asking their cyber insurers to already authorize [their vendor].”
October 15-20, 2019 October 15-20, 2019
The transition of leadership of Lowenstein Sandler’s D.C. office to Antitrust/Competition partner Zarema A. Jaramillo was covered in Bloomberg Law – Big Law Business, General Counsel News, The Hill, The Deal, and The Washington Post. Jaramillo is set to take over on January 1, 2020, from Jeffrey Blumenfeld, who founded the D.C. office in 2014 and will remain Co-chair of the firm’s Antitrust/Competition practice.
October 11, 2019 October 11, 2019
Bloomberg News, Yahoo! Finance, BNN Bloomberg, Financial Advisor Magazine, fin24, MSN Money, The Baltimore Sun, and Daily Herald include comments by Ed Zimmerman, Chair of Emerging Companies & Venture Capital (fka, The Tech Group) and professor of venture capital at Columbia University’s Graduate School of Business, in the article “A Prenup Is the Latest Must-Have for Tech Startup Founders in Love.” “We have companies where the founder is the brand, and trust and credibility are core to the business,” says Zimmerman. ‘“If you are investing in a company because you think the founder is amazing,” news of that individual’s distracting divorce or custody battle can be alarming. Zimmerman further explains other personal difficulties which can impact a startup: “It would be great if we lived in a world where people who had marital problems didn’t manifest those problems by hitting on or dating people who worked at their company…. Those kinds of things tend to be more problematic than who gets the shares.”
September 5-20, 2019 September 5-20, 2019
Matt Savare is quoted in a multipart series by the Hedge Fund Law Report on artificial intelligence in the hedge fund industry. In Part 1, which focuses on ways fund managers and financial services companies can use artificial intelligence to streamline operations, Savare notes that most, if not all, hedge funds and financial service companies are using AI or third-party software embedded with AI to inform their trading decisions, assist with customer service, extend credit, detect fraud, among many other things. In Part 2, he responds to President Trump’s Executive Order on AI: “AI is critical not only to the economy and society, but also to national security. … Therefore, it is not surprising that the federal government is taking it so seriously.” Savare further addresses the need for conducting due diligence with respect to data security when an “AI company offers its solution as a software-as-a-service, [as] it may have access to a manager’s systems, nonpublic financial information.” Given the risk of bias in AI, Savare states that “software makers who are coding their systems, or the employers who are utilizing the AI and feeding more data into it, must be mindful that the AI’s decisions be fair and equitable.” In Part 3, Savare addresses how AI can be used to conduct routine legal work for the benefit of clients and attorney alike. He uses the example of a large quantitative hedge fund with hundreds of different data‑licensing contracts in differing forms: instead of using “an army of contract attorneys…it would be better to engage a AI service provider that could use optical character recognition, or OCR, to convert non-digital data into machine-encoded text … The AI platform could then conduct a large portion of the diligence for them, including summarizing contract provisions, finding material information and identifying anomalies.” He also suggests AI can be used when a hedge fund or private equity is researching whether to buy or invest in a company. Generally, AI allows lawyers to focus more on “high-value strategic services,” and allows an organization to “service more clients; be more organized and consistent; use fewer people; and develop deeper connections among employees.” However, “human involvement is still needed, “says Savare. “People will always be more important – the machines are there to help them and their businesses grow.” (subscription required to access article)
September 20, 2019 September 20, 2019
Mary J. Hildebrand is featured in an article on TVNewsCheck spotlighting her presentation at the conference Media Outlook 2020, which expanded upon an article written by Hildebrand and Carly S. Penner for the Media Financial Management Association’s magazine, The Financial Manager. Hildebrand explains how the United States differs from Europe and certain other countries in that it does not have a set of federal laws addressing privacy and cybersecurity generally and that federal laws here are industry-specific. Although the Federal Trade Commission is the de facto regulator of many online activities, including privacy and security standards, companies must now consider 50 different state data breach laws, plus Guam, Puerto Rico, and the Virgin Islands. California and Nevada have also adopted comprehensive data protection laws, and more states are considering similar legislation. Hildebrand recommends that businesses focus on five issues in the coming year:
1. New state laws, like California’s CCPA and Nevada’s new data protection law;
2. Creating a formal written incident response plan in case of a data breach, including appropriate training and cyber insurance;
3. Updating privacy policies to be clear, concise, and transparent about personal information collected, the purpose of collection, and how it is used and shared; the use of cookies and third-party analytics providers; and include statements required by state data protection laws such as California and Nevada;
4. Understanding sales and marketing departments’ collection, use, and sharing/sale of personal information; and
5. Developing an inventory of personal information collected, used, and shared across the organization.
September 10-11, September 16-18, 2019 September 10-11, September 16-18, 2019
The release of Lowenstein’s research report, Alternative Data = Better Investment Strategies, But Not Without Concerns, by Peter D. Greene (with contributions from Benjamin Kozinn) was noted by Hedgeweek, Business Wire, Opalesque, the Managed Funds Association newsletter, Institutional Investor, Associated Press, Yahoo! Finance, StreetInsider.com, Chief Investment Officer, Business Insider, LexBlog, and Bloomberg Law. The report found that over 80 percent of hedge funds are using alternative data in some capacity and that 90 percent of survey respondents who use alternative data utilize it in combination with fundamental analysis to make investment decisions. View Lowenstein’s news announcement about the report.
August 7, 2019 August 7, 2019
David Leit is interviewed by Financial Planning in an article about FinancialApps’ suit against former partner Envestnet|Yodlee for fraud and misappropriation of trade secrets. He comments on the lack of specific breach of contract claims and reliance on alleged statements made outside of the agreement’s contracts: “The problem with these kinds of cases is that you have to prove that the defendant was lying or defrauding at the time they started working with the plaintiff. … If the defendant can show that either it never made such promises, or that whatever promises it made at the time were genuine, that is a strong defense.” Leit observes that FinApps must prove that the code it provided Evestnet constituted a trade secret: “The formula for Coke may be a trade secret, but if I come up with my own formulation for a drink that tastes just like Coke, that isn’t trade secret misappropriation.” He also remarks that hiring President Donald J. Trump’s personal attorney, Marc Kasowitz, indicates that FinApps is pursuing a “bet the company” strategy.
July 19, 2019 July 19, 2019
James O’Grady comments for Forbes on the initial public offering (IPO) by Medallia, which saw its stock price rise 76 percent on its first day of trading. Observing that, on the first day of an IPO, it can be difficult to assess whether the IPO pricing was appropriate, O’Grady says, “A stock trading up early on will typically trigger underwriters exercising their ‘greenshoe,’ or overallotment option, to buy up more shares–additional proceeds that do go to the issuing company, though at the lower (and more dilutive price).”
June 28, 2019 June 28, 2019
Jeffrey Cohen is quoted in The New York Times in an article on the fate of startup companies that do not succeed or fail quickly. Cohen observes that venture capital investors may let a company struggle for years: “They’re willing to let it ride a little longer to see whether it explodes.” (subscription required to access article)
June 28, 2019 June 28, 2019
Kathleen A. McGee comments for CNET on privacy issues associated with Sony’s robot dog Aibo, a device equipped with facial recognition cameras and always-listening microphones, warning that “there are legitimate privacy concerns about the products in our homes that gather data about us.” McGee says that information can be “bundled and sold in ways that the consumer is not necessarily aware of or may not approve of if she knew about them…What if I'm on a health care regimen with my doctor and I cheat on my diet? Am I now going to be profiled for insurance companies in a less than attractive way?" She cautions that the privacy policy may not offer much guidance on how to erase the device’s memory: “The privacy policy is designed to mitigate regulatory concerns…It is not an instrument for the consumer's use. Full stop."
June 19, 2019 June 19, 2019
Ethan L. Silver is quoted in The Wall Street Journal discussing concerns by the Securities and Exchange Commission surrounding digital-securities firms and their ability to safeguard investors’ funds and assets. (subscription required to access article)
June 17, 2019 June 17, 2019
Valeska Pederson Hintz is quoted in Bloomberg Law discussing the $20.8 million valuation of Slack, a work-messaging tech unicorn, prior to its direct listing. She explains that, when a company pursues a direct listing instead of an initial public offering, “you need enough brand recognition and people need to understand what your product is.” She also suggests that Slack should look to the Spotify precedent and disclose stock prices from recent private sales in its registration statement ahead of going public: “You have to really help people with price discovery.” (subscription required to access article)
June 14, 2019 June 14, 2019
Doreen M. Edelman, Chair of the Global Trade & National Security group, is quoted in a Fortune article on the effects of the ban of Huawei, the Chinese telecommunications company, on U.S. businesses. She explains that "technology as defined in the export regulations can’t be sold to Huawei without a license … Companies have to figure out how to change their supply chains or customer base or what they manufacture and sell.”
June 12, 2019 June 12, 2019
Mary J. Hildebrand, Chair of the Privacy & Cybersecurity group, is quoted in Compliance Week in an article on how state laws are filling in the federal privacy data void and why New York State's privacy legislation is important. She says it puts “more companies at issue since it includes far more companies under its jurisdiction. State law also allows private causes of action for violating the New York Privacy Act, although New York might make the individual litigant prove damages.” Hildebrand adds that “[c]ompanies seeking to comply [with the New York Privacy Act] will be confronted by complexity and entirely new (and ill-defined) concepts such as ‘data fiduciary’ and ‘privacy risk’ … [and that] in any merger or acquisition that involves the transfer of personal data associated with a New York state resident, affirmative consent to the transfer must be obtained from each New York resident before the transfer is permitted to occur.”
May 31-June 6, 2019 May 31-June 6, 2019
The launch of Lowenstein’s partnership with Eagle Alpha to meet the legal and compliance services associated with the use of alternative data by hedge funds is featured in The Associated Press, Hedgeweek and Yahoo! Finance, quoting Peter D. Greene: “Our new initiative with Eagle Alpha is a great opportunity to address the hedge fund industry’s concerns with respect to alternative data, and to do so on a variety of platforms …. We look forward to elevating our level of support to the fund community.” View Lowenstein's news announcement about this collaboration.
May 31, 2019 May 31, 2019
Lowenstein Sandler’s VentureCrushParis is featured in Forbes. The article discusses the vast differences in raising venture capital in Europe versus the United States, noting a valuation gap and quoting Dataiku’s CEO and co-founder Florian Douetteau. VentureCrush brings together founders and venture capitalists that allow startups to build the right network and gain visibility within the industry. Learn more about our upcoming VentureCrush events here.
March 12-April 18; May 24, 2019 March 12-April 18; May 24, 2019
Mondaq News, Retail Dive, The PE Hub Network, StreetInsider.com, and the Global Legal Chronicle cover news of Lowenstein client Ethoca’s acquisition by Mastercard. (The Lowenstein deal team included: Steven E. Siesser, Traci M. Tomaselli, Anthony O. Pergola, Lesley P. Adamo, Jeffrey Blumenfeld, Jeffrey M. Shapiro, Jack Sidorov, Michael J. Mueller, Darren Goodman, Megan Monson, Gina M. Seong, James McDonough, Sophia Mokotoff, Erica Perlmutter, and Lauren Killee n.) View Lowenstein’s news announcement about this transaction.
January 2-7; May 8, 2019 January 2-7; May 8, 2019
Lowenstein’s 2019 promotion of seven lawyers to partner and six to counsel (including three women in each category) is noted in Bloomberg Law – Big Law Business. These promotions are also highlighted in LawFuel, The Deal, and the Commerce and Industry Association of New Jersey’s (CIANJ) Business Beat newsletter, with Lesley P. Adamo, Dmitry Andreev, Marc S. Kurzweil, James B. O’Grady, Eileen Overbaugh, Peter Slocum, and Julie Levinson Werner highlighted as newly elected partners and Brandon Fierro, Joseph G. Jones, Robert Lynn, Brianne Perlman, Nedda N. Salehi, and Leah Satlin listed as promoted to counsel. Gary M. Wingens is quoted regarding the critical role these lawyers will play in the firm’s continued success. Law360 notes our partner elevations in an article highlighting firms' Q1 promotions. (subscription required to access certain content) View Lowenstein’s news announcement about these promotions.
April 18, 2019 April 18, 2019
Lowenstein Sandler was featured prominently in Diversity in Action magazine in a piece focused on opportunities in tech law for diverse people with backgrounds in STEM. Madhumita Datta, Ph.D., discusses her transition from engineer to patent agent to intellectual property lawyer, finding satisfaction in working with inventors by “giving voice to their invention, protecting their legal rights, and bringing their inventions closer to market.” Kathleen A. McGee considers lawyers working the area of tech law “to be some of the luckiest because we get to shape the law in the way that very few practices do.”

The article also highlights the work of Ed Zimmerman, Chair of Lowenstein’s Tech Group, on behalf of LGBTQ rights and against gender bias in the tech field. Ed comments on how recent law school graduates are attracted to tech law because “they grew up in the space and are early adopters.” A. Faith English, the firm’s Manager, Diversity & Inclusion, adds that her early experiences in private practice, public policy, and social justice have enhanced her ability to develop successful diversity initiatives, remarking on the importance of “having someone who looks like you at the power table.”
April 2, 2019 April 2, 2019
Doreen M. Edelman is quoted in the International Business Times discussing the delay of a trade deal between the United States and China. Edelman suggests that the suspension could be due to the conflicting goals of the President and Congress.
March 25, 2019 March 25, 2019
Matt Savare is quoted in ComputerWorld and The Economic Times regarding IBM’s new blockchain initiative with Stellar and the increased usage of blockchain in fin tech and cryptocurrencies in consumer transactions.
March 25, 2019 March 25, 2019
Ethan L. Silver is quoted in ComputerWorld and The Economic Times regarding blockchain and the possibility of cryptocurrencies eventually becoming a platform for consumer transactions. Silver asserts that companies must be aware of existing regulations for financial networks and how they may be applied to evolving technologies.
March 15, 2019 March 15, 2019
Mary E. Seymour’s recent article in The Financial Manager entitled “Social Media Sleuthing” is highlighted in TVNewsCheck. Seymour’s article discusses the role that social media plays in the collections process, noting that collections personnel often utilize social media to verify customers’ credit information. She explores some of the benefits and risks of reliance on social media to confirm personal information.
March 14, 2019 March 14, 2019
Lowenstein's having received top rankings in several categories in the Patexia 2019 Patent Prosecution Intelligence Report is highlighted in the Commerce and Industry Association of New Jersey’s (CIANJ) Business Beat newsletter.
March 13, 2019 March 13, 2019
Ethan L. Silver is quoted in Financial Planning discussing the Securities Exchange Commission’s increased enforcement of regulations for robo-advisory firms. Silver affirms the necessity of strong, ongoing compliance programs as a key to minimizing the risk of penalization. He stresses the importance of firms to enhance disclosures and limit claims on social media, to ensure that they are “delivering on what was promised through marketing channels.”
February 21-March 7, 2019 February 21-March 7, 2019
Matt Savare and Bryan Sterba address the major elements of open-source software (OSS) and how it is being utilized by fund managers, in an interview with the Hedge Fund Law Report. In the first of a three-part series, Savare explains blockchain’s relation to open source, and how it can facilitate the settlement of international transactions in a fraction of the standard time. Sterba provides insight into the workings of copyleft licenses, including how some organizations navigate stringent licensing requirements. In part two, Savare and Sterba discuss the benefits of OSS, including its proper use and how it can equal cost savings if implemented correctly, as well as the security risks and license restrictions. In part three, Savare and Sterba evaluate actions fund managers can take to mitigate OSS risks, including policies, procedures and controls to adopt; ways to deal with third-party vendors; and due diligence.
March 7, 2019 March 7, 2019
Lowenstein’s representation of Dataiku its $101 million Series C funding round is profiled in the Global Legal Chronicle. The write-up notes the Lowenstein team: Ed Zimmerman, Evan M. Bienstock, Dotan Barnea, and Laura Cicirelli. View Lowenstein’s news announcement about this representation.
March 7, 2019 March 7, 2019
Kathleen A. McGee is quoted in CNET discussing the rising popularity of smart homes and internet-of-things (IoT) devices among apartment landlords. The article analyzes the benefits and risks that face landlords and tenants when it comes to the use of these innovative products. McGee notes that “landlords are, in theory, in your apartment every day collecting information; tenants suddenly have to choose between no home and a place where they perceive themselves to be spied on.”
February 14-15, 2019 February 14-15, 2019
Ethan L. Silver was featured in both American Banker and Interactive Investor, commenting on the US Securities and Exchange Commission’s (SEC) reticence to approve new cryptocurrency, despite encouraging more discussion. Silver states that: “the practical realities are that there has been a lot of meetings and discussions that have yielded little progress." He agrees with SEC Commissioner Hester Peirce that the Howey Test – used by US regulators to determine what should be considered a security – is “overly broad.” Silver asserts that until the SEC provides clarity on how digital assets should be custodied under its existing rules, a bitcoin exchange-traded fund (ETF) will never be approved.
January 14-28, 2019 January 14-28, 2019
Ethan L. Silver is quoted in CoinDesk, CoinWire, Invest in Blockchain, and XBT.net regarding the U.S. government shutdown’s effect on cryptocurrency progress on Wall Street. Silver anticipates that, should the shutdown continue, any remaining staffers would most likely reject the rule change proposal for the highly anticipated exchange-traded fund, in lieu of allowing it to be approved on a technicality.
January 28, 2019 January 28, 2019
Steven M. Skolnick is quoted in Law360 discussing the IPO backlog facing the U.S. Securities and Exchange Commission (SEC) following the 35-day government shutdown. Skolnick notes that he is in the process of advising his clients to take advantage of the brief market window within the next few weeks. He notes that some companies will be motivated to close deals by February 14 to avoid the laborious process of updating disclosures of the prior year’s financial statements. (subscription required to access article)
January 24, 2019 January 24, 2019
The PE Hub Network, The Deal, and Law360 (December 12, 2018; January 24, 2019) note Lowenstein Sandler as lead counsel to Cerberus Capital Management, L.P. in its acquisition of Sparton Corporation (NYSE: SPA). (Lowenstein deal team: Marita A. Makinen, Robert G. Minion, Jeffrey Blumenfeld, Mary J. Hildebrand, Nicholas G. Mehler, Christine Osvald-Mruz, Matt Savare, Jeffrey M. Shapiro, James C. Shehan, Michael Walutes, Jack Sidorov, Norman W. Spindel, Stuart S. Yusem, Manali Joglekar, Sabrina Cua, Allison Gabala, Megan Monson, Alex H. Rosenthal, Bryan Sterba, Matthew Tippy, Lauren E. Killeen, and Lauren M. Troeller.) (subscription required to view certain content) View Lowenstein’s news announcement about this transaction.
January 14, 2019 January 14, 2019
Valeska Pederson Hintz is quoted in Forbes in which she discusses Slack, a work-messaging tech unicorn, and the company’s plan to forego a traditional initial public offering (IPO) in favor of a direct listing this year. The article describes this as an unconventional move that could encourage other tech unicorn companies to consider a direct listing in lieu of an IPO, though this isn’t likely to become a mainstream trend. Pederson Hintz suggests that large tech unicorns are uniquely positioned to take advantage of a direct listing for their market debut because they are often well-capitalized and have brand recognition (Wealth Daily also quotes Pederson Hintz on this point). She states that direct listings are faster and cheaper than traditional IPOs. (subscription required to access article)
January 14, 2019 January 14, 2019
Ethan L. Silver is quoted in InvestmentNews addressing cryptocurrency market manipulation and custody as it relates to the possibility of a crypto-ETF entering the market in 2019. Silver states that the challenge for the SEC is how to integrate this new technology into the existing SEC rules.
January 4, 2019 January 4, 2019
Matt Savare is quoted in Bloomberg BNA in an article discussing how online advertisers are utilizing blockchain to fight fraud. Savare, who is noted as a member of the Interactive Advertising Bureau’s blockchain working group, recommends the tactic and comments that blockchain “dramatically reduces the incidence of fraud.”
October 15; November 30; December 18, 2018 October 15; November 30; December 18, 2018
StreetInsider.com, The Deal, citybizlist, The PE Hub Network (October 15, 2018; December 18, 2018), MarketWatch, Law360, Global Legal Chronicle, and Business Wire note Lowenstein Sandler as counsel to Cambium Learning Group, Inc. in its $900 million definitive merger agreement with Veritas Capital. (Lowenstein deal team: Steven E. Siesser, Elisia M. Klinka, Brooke A. Gillar, Michael J. Mueller, Lauren M. Troeller, Bianka V. Barraza, Lowell A. Citron, Jeffrey Blumenfeld, Jack Sidorov, Jeffrey M. Shapiro, Steven M. Skolnick, Kate Basmagian, Scott Siegel, Lesley P. Adamo, Sophia Mokotoff, Darren Goodman, Megan Monson, Katie R. Glynn, David W. Field, Michael A. Kaplan, Eric Jesse, Nicholas G. Mehler, Steven M. Hecht, Sean Collier, Edward J. Hunter, Zarema A. Jaramillo, Andrew David Behlmann, and Gina M. Seong.) (subscription required to access certain content) View Lowenstein’s news announcement about this transaction.
November 5-12; December 13-19, 2018 November 5-12; December 13-19, 2018
MarketWatch, GlobeNewswire, TenLinks, StreetInsider.com, Yahoo! Finance, Digital Engineering, Global Legal Chronicle, and Crain's Detroit Business note Lowenstein Sandler as counsel to Altair Engineering Inc. (Nasdaq: ALTR) in its $176 million acquisition of Datawatch Corporation (Nasdaq: DWCH). (Lowenstein deal team: Peter H. Ehrenberg, Michael J. Mueller, Elizabeth A. Mandle, Justin Gindi, Colin J. Kirby, Valeska Pederson Hintz, Kate Basmagian, Lauren E. Killeen, Darren Goodman, Megan Monson, Brian A. Silikovitz, Sophia Mokotoff, Mark P. Kesslen, Manali Joglekar, Leah Satlin, Jeffrey Blumenfeld, Jack Sidorov, Jeffrey M. Shapiro, Lynda A. Bennett, Eric Jesse, Lowell A. Citron, Lauren M. Troeller, and Erica Perlmutter.) View Lowenstein’s news announcement about this transaction.
December 4, 2018 December 4, 2018
Doreen Edelman is quoted in Law.com in an article discussing President Trump and China’s Xi Jinping’s recent agreement to a 90-day truce in the trade war. Edelman notes that it is a difficult situation for companies to prepare for and states that she advises clients to diversify their supply chains and have a plan of action in the event higher tariffs are implemented. (This article also appeared in Corporate Counsel, Yahoo! Finance, The American Lawyer International, and the New York Law Journal.) (subscription required to access certain content)
November 14, 2018 November 14, 2018
Forbes quotes partner Peter D. Greene in an article discussing the latest Google data hijack and correlating trends of misuse of data. Greene notes the careful manner in which buy-side shops approach provenance of alternative data. The article also highlights Greene’s recent panel participation, “Media StartUps In A Post Cambridge Analytica Era,” which focused on innovation around data protection.
October 25-November 5, 2018 October 25-November 5, 2018
The Washington Post, The American Lawyer, Global Trade Review, Bloomberg Law – Big Law Business, Law360, The National Law Journal, the New Jersey Law Journal, International Trade Today, The Deal, TXF, and citybizlist highlight the launch of Lowenstein’s Global Trade & Policy practice in the firm’s Washington, D.C. office and the arrival of Doreen M. Edelman (practice chair), Abbey E. Baker, Andrew Bisbas, and Megan C. Bodie. The Global Trade & Policy practice will provide U.S.-based clients, foreign clients, and foreign-owned U.S. companies with compliance and policy development services. Areas of emphasis will include import tariffs and classifications, OFAC regulations and sanctions, CFIUS review protocols, and export controls. (subscription required to access certain content)
October 29, 2018 October 29, 2018
Billboard magazine mentions the role Lowenstein Sandler’s Tech Group Chair, Ed Zimmerman, played in producing a song by four-time Grammy Award winner and blues legend, Keb’ Mo’. In discussing the song “Put a Woman in Charge,” Billboard quotes Keb’ Mo’ as he explains how he and his co-writers were working on the song:

“[T]hen we realized that we needed a guest. So I called my friend, Ed Zimmerman, in New York and was telling him about it, we needed a guest. He said, “I know somebody that might want to do it.’ And I’m like, ‘Who?’ He said, ‘How about Rosanne Cash?’ And I went, ‘Holy Moly, that’s perfect.’ We called her up and she said yes and we sent her the files. She sung the song. We put her on the record and got some backgrounds going, and we had a record.”

Rosanne Cash, a best-selling author, is also a four-time Grammy Award winner. The song was released to great reviews. Zimmerman, who is also an adjunct professor at Columbia Business School, published a case study about Keb’ Mo’ in September 2018, and the artist came and lectured at the Venture Capital class that Zimmerman teaches there. Mo’ ultimately performed the song for the class, so it premiered before 80 or so MBA students a few days prior to the song’s release.
October 3, 2018 October 3, 2018
The Anti-Corruption Report quotes Michael B. Himmel in an article discussing United Technologies Corporation’s bribery-related settlement with the U.S. Securities and Exchange Commission. Himmel comments on how the government views the legitimacy of certain corporate entertainment and other expenses, the importance of corporate self-reporting, factors the SEC weighs in calculating civil penalties, and impediments to the Department of Justice in building a case against a company that does business overseas. (subscription required to access article)
August 7; September 2; September 24, 2018 August 7; September 2; September 24, 2018
Wired, the Riverdale Standard, and LNR quote Jeffrey Blumenfeld in an article profiling Incompas CEO Charles Pickering and his support of net neutrality. Blumenfeld notes that, after the government forced AT&T to break into several smaller carriers (Baby Bells), Incompas (then called Comptel) played a key role in the telecom industry during post-breakup litigation over what the Bell companies could—and could not—do under the court decree that broke up the AT&T monopoly.
September 7-8, 2018 September 7-8, 2018
The Hill, The Washington Post, the Houston Chronicle, and the East Bay Times quote Jeffrey Blumenfeld in an article reporting that the U.S. Department of Justice has invited attorneys general from some states, but not other important state attorneys general such as those from New York, California, Connecticut, and Washington – where the attorneys general are Democrats – to participate in a meeting in Washington, D.C., to assess whether tech companies such as Twitter, Facebook, and Google are hurting competition by deliberately stifling certain types of speech. Blumenfeld notes he does not know of a time when the DOJ selectively invited some but not others when issuing invitations to coordinate investigations.(subscription required to access certain content)
May 30-June 1; September 4-7, 2018 May 30-June 1; September 4-7, 2018
Capacity Media, The PE Hub Network, Fiber Optics Online, TMCNet.com, PR Newswire (May 30, 2018; September 4, 2018), and TeleGeography note Lowenstein Sandler’s representation of Hudson Fiber Network, portfolio company of Tiger Infrastructure Partners, in its all-cash merger agreement with ExteNet Systems, Inc. (Lowenstein deal team: Michael A. Brosse, Justin Gindi, David Leit, Michael Walutes, Megan Monson, Darren Goodman, Alexandra S. Droz, Eric Jesse, Lesley P. Adamo, and Marc S. Kurzweil.)
August 21, 2018 August 21, 2018
Michael S. Etkin is quoted in Bloomberg, Chicago Tribune, and Law360 regarding the successful developments for the consumer privacy litigation plaintiffs in the Chapter 7 case involving Cambridge Analytica. The plaintiffs, Facebook users whose personal data was misused during the 2016 presidential campaign, commenced multidistrict class action litigation against both the defunct political consulting firm as well as Facebook and others. Working directly with the court-appointed lead counsel to the putative class, which retention was approved by the district court overseeing the multidistrict litigation, Etkin convinced the court to grant relief from the automatic stay resulting from the Chapter 7 filing in New York and order Cambridge Analytica and its affiliate to preserve documents relevant to the consumer privacy litigation. The request to conduct an examination of Cambridge Analytica and its affiliate and for the debtors to produce documents related to their financial condition and pre-petition transactions was adjourned by the Court in view of an agreement by the Chapter 7 Trustee to initially produce some documents to the class plaintiffs. (subscription required to access certain content)
August 14, 2018 August 14, 2018
CNBC highlights Intapp’s acquisition by DealCloud. Lowenstein was counsel to DealCloud for this transaction. View Lowenstein’s news announcement about this deal.
August 3, 2018 August 3, 2018
The Global Legal Chronicle notes Lowenstein Sandler's representation of Safe Banking Systems (SBS) in its acquisition by Accuity. The write-up lists the Lowenstein team: Raymond P. Thek, Alex D. Leibowitz, Pooja Patel, Mitchell McDonald, and Zarema A. Jaramillo. View Lowenstein’s news announcement about this transaction.
July 30, 2018 July 30, 2018
The PE Hub Network and Mergers & Acquisitions note Lowenstein Sandler as counsel to NexPhase Capital, LP in its equity stake investment in Brandt Information Services, LLC.
July 12-24, 2018 July 12-24, 2018
Bloomberg Law – Big Law Business, The Washington Post(July 12, 2018; July 19, 2018), CNBC’s “Squawk Alley,” Law360, and Mobile World Live cover Jeffrey Blumenfeld’s perspective on the U.S. Department of Justice’s (DOJ) appeal of the U.S. District Court for the District of Columbia’s decision permitting AT&T’s $85 billion acquisition of Time Warner. Blumenfeld’s observations include noting that: The appeal may cause companies to pause on plans for industry vertical mergers pending the case’s outcome; the appeal shows the DOJ wants clarity on the AT&T/Time Warner merger and similar transactions and that the DOJ’s action means pending and future deals may come under increased scrutiny; the district court judge “simply credited everything that AT&T said and discounted almost everything the government said”; an appellate defeat could hinder “efforts to challenge similar vertical deals the future”; the appellate court might apply a burden of proof standard that the DOJ may have difficulty meeting in later cases; and, even if the DOJ loses, it could sue in the future to break up the merged entity if there were evidence of negative market impact or if, at a later date, there were evidence of anticompetitive conduct. (subscription required to access certain content)
July 13, 2018 July 13, 2018
Bloomberg interviews Elie Honig regarding the indictment of 12 Russian intelligence officials who were responsible for hacking the DNC during the 2016 election. Honig states that while the connection between Russia and President Trump’s electoral campaign has yet to be made, it may be coming “if you read between the lines of the indictment.” He also comments on the vulnerability of Americans’ electronic communications, and the sophistication of Russian hacking technologies and techniques.
June 26, 2018 June 26, 2018
The Global Legal Chronicle notes Lowenstein Sandler’s representation of Integral Ad Science in an article discussing Vista Equity Partners’ majority-stake acquisition of the company. The article notes that the Lowenstein deal team was led by Raymond P. Thek and included Peter H. Ehrenberg, Ed Zimmerman, Colin J. Kirby, Shimite Obialo, Sarah Gore, Elias Kwon, Alex Galev, Christina Lee, and Kristen Nicol, as well as support from specialists in Tax: Brian A. Silikovitz and Sophia Mokotoff; Employee Benefits & Executive Compensation: James E. Gregory, Darren Goodman, Megan Monson, and Eric Margulies; Intellectual Property Litigation: Mark P. Kesslen and Lisa A. Harvey; Antitrust & Trade Regulation: Zarema A. Jaramillo; and Privacy & Cybersecurity: Mary J. Hildebrand. View Lowenstein’s news announcement about this transaction.
June 25, 2018 June 25, 2018
The Washington Post quotes Jeffrey Blumenfeld in an article discussing the implications of the Supreme Court’s decision to leave in place a ruling that allows American Express to enact “anti- steering provisions” on merchants who accept its credit cards. Blumenfeld notes that, since this decision will not change how American Express interacts with merchants, it’s an open question whether it will have an effect on merchants’ pricing.
June 22, 2018 June 22, 2018
Bloomberg Law – Big Law Business cites Mark P. Kesslen and his team members for tying in third place at the Diversity in Law Hackathon at Harvard Law School on June 22, 2018. Kesslen’s team proposed In.C—short for “inclusive culture”—which aims to help employers track and measure employee feedback on diversity and inclusion factors such as a sense of belonging and shared trust. Used broadly enough, organizations can cite their In.C score to demonstrate to clients, customers, competitors, and the public that they are serious about diversity and inclusion.
June 21, 2018 June 21, 2018
The Global Legal Chronicle profiles Lowenstein's representation of Dreams, a cutting-edge mobile application, in the negotiation of various content licensing agreements with BBC, Discovery, Bloomberg, and other major content licensors. The article also notes our firm's representation of Dreams in its Series A financing. The write-up lists the Lowenstein team: Eric Weiner, Matthew N. Holbreich, and Christopher C. Henry on the Series A financing and Matt Savare on the content licensing transactions. View Lowenstein’s news announcement about this transaction.
June 14, 2018 June 14, 2018
Law360 quotes Jeffrey Blumenfeld in an article discussing the antitrust enforcement implications of the U.S. District Court for the District of Columbia’s decision permitting AT&T’s $85 billion acquisition of Time Warner. Blumenfeld notes how surprising it was that the judge placed greater emphasis on defendant executives’ court testimony than on contemporaneous documents showing what the executives were thinking and discussing while the deal was being negotiated because testimony reflects preparation with lawyers, but contemporaneous documents “tell the real story.” Blumenfeld also notes that the government faces a difficult decision on whether to appeal the decision based, in part, on the judge’s treatment of the documents, both because there would be a high burden of proof and because of the risk that an adverse appellate decision could have greater impact. (subscription required to access article).
June 14, 2018 June 14, 2018
The Hedge Fund Law Report conducts an in-depth interview with Peter D. Greene regarding the GDPR’s impact on private funds’ use of alternative data. Issues addressed include how the GDPR might affect how funds buy and use alternative data; how the GDPR may impact funds’ internal generation or gathering of alternative data; funds’ due diligence in data vendor selection; and immediate steps funds can take to ensure GDPR compliance.
June 12, 2018 June 12, 2018
CNNMoney quotes Jeffrey Blumenfeld in an article discussing the U.S. District Court for the District of Columbia’s decision permitting AT&T’s $85 billion acquisition of Time Warner and the parties’ possible next steps. Blumenfeld notes that if the U.S. government does not get an injunction to prevent the deal closing during what is likely to be a lengthy appeals process, the companies will merge their operations, making it that much more difficult to undo.
June 5, 2018 June 5, 2018
MarTech Series, Markets Insider, 4-traders.com, The PE Hub Network and citybizlist highlight Lowenstein Sandler as legal counsel to global software company Integral Ad Science in its majority-stake acquisition by leading private equity firm Vista Equity Partners.
May 31, 2018 May 31, 2018
Michael S. Etkin is quoted in Bloomberg regarding the appearance of Lowenstein Sandler on behalf of several putative class plaintiffs in the Facebook/Cambridge Analytica data breach litigation in the Chapter 7 bankruptcy proceedings of Cambridge Analytica and its affiliate. The U.K. political consulting firm filed for Chapter 7 liquidation in May following the scandal concerning the release of personal data in connection with the 2016 U.S. presidential elections. Representing these representative data breach plaintiffs, Etkin contended that all options were being considered in the Chapter 7 cases to protect the interests of the victims of the data breach and release of personal information.
May 30, 2018 May 30, 2018
Cosmetics Technology and Business Wire note Lowenstein Sandler as legal counsel to New Mountain Capital and portfolio company Topix Pharmaceuticals, Inc., in their acquisition of DERMA E. (Lowenstein deal team: Marita A. Makinen, David L. Goret, Matt Savare, Michael Walutes, Darren Goodman, Eric Jesse, Manali Joglekar, Marc S. Kurzweil, Kimberly E. Lomot, Justin Gindi, Tim Janas, Megan Monson, Leah Satlin, and Jacob D. Unger.)
May 28, 2018 May 28, 2018
The Buffalo Law Journal notes Lowenstein Sandler as counsel to a company discussing its General Data Protection Regulation (GDPR) compliance efforts. The article quotes Mary J. Hildebrand, who notes many companies’ confusion as to whether and why GDPR applies to them. Hildebrand explains that GDPR has expanded the definition of personal data, that it applies depending on where data is processed (not just on where it “sits”), and that GDPR compliance obligations will involve careful judgment calls.
May 26, 2018 May 26, 2018
GCR quotes Jeffrey Blumenfeld on the proposed merger of T-Mobile and Sprint.
May 25, 2018 May 25, 2018
The PE Hub Network notes Lowenstein Sandler as legal counsel to Fenway Partners and affiliated investors in those entities' acquisition of Iconic Group.
May 21, 2018 May 21, 2018
Radio program 1A interviews Kathleen A. McGee and other experts regarding the Supreme Court's May 2018 decision permitting states to decide whether or not to legalize sports gambling. 1A is distributed by NPR and produced by WAMU 88.5. Listen to the program.
May 17, 2018 May 17, 2018
Law360 quotes Ed Zimmerman on the pent-up demand for IPOs by an increasing number of venture-backed technology companies. (subscription required to access article)
May 15, 2018 May 15, 2018
The Radio+Television Business Report and Broadcasting & Cable note Bruce S. Nathan as a recipient of the MFM-BCCA Rainmaker Award.
May 9, 2018 May 9, 2018
Law360 quotes Jeffrey Blumenfeld on the U.S. Department of Justice lawsuit seeking to block AT&T’s proposed merger with Time Warner. Blumenfeld comments on the risks of relying too heavily on economic evidence, the potential for AT&T documents to reveal the true motivations for the merger, AT&T’s burden of proof in defending against assertions of the deal’s negative economic impact, and the impact of the judge possibly imposing arbitration as a remedy. (subscription required to access article)
May 2, 2018 May 2, 2018
Law360 notes Kathleen A. McGee's joining Lowenstein after serving as Bureau Chief of the Bureau of Internet & Technology for the New York State Attorney General’s Office. (subscription required to access article)
April 30, 2018 April 30, 2018
The Seattle Times, the Los Angeles Times, The Washington Post, and Gildshire Magazines quote Jeffrey Blumenfeld on the proposed merger of T-Mobile and Sprint.
April 26, 2018 April 26, 2018
The Global Legal Chronicle notes Lowenstein Sandler’s representation of General Assembly in an article discussing Adecco’s $412.5 million acquisition of the company. The article lists Ed Zimmerman, Anthony O. Pergola, Eric Weiner, James E. Gregory, Brian A. Silikovitz, Lisa A. Harvey, Darren Goodman, Yvonne Elosiebo, Pooja Patel, Philip Mackson, and Mitchell McDonald as members of the Lowenstein team.
April 23, 2018 April 23, 2018
CNNMoney quotes Jeffrey Blumenfeld on the U.S. Department of Justice lawsuit that seeks to block AT&T’s proposed merger with Time Warner. Blumenfeld notes the judge’s broad discretion in adjudicating the case and that the judge's questions to witnesses may not be clues as to his decision.
April 19, 2018 April 19, 2018
Modern Healthcare quotes James C. Shehan, Head of Lowenstein’s FDA Regulatory Practice, on how the FDA’s new Medical Device Safety Action Plan will fill gaps in device regulation and may portend further FDA action in other areas.
April 13, 2018 April 13, 2018
Law360 notes Michael D. Lichtenstein and Catherine M. Aiello as counsel for Cooper Industries LLC in an article discussing Cooper’s victory on appeal in a state court insurance coverage action. (subscription required to access article)
April 12, 2018 April 12, 2018
The New York Law Journal notes Kathleen McGee’s joining Lowenstein Sandler after serving as Chief of the Bureau of Internet & Technology for the New York State Attorney General’s Office. (subscription required to access article)
March 23, 2018 March 23, 2018
Interviewed: The Economist: "What the Internet of Things means for consumer privacy"
March 18-26, 2018 March 18-26, 2018
The Hill, USA Today, CNN, and Law360 quote Jeffrey Blumenfeld on the U.S. Department of Justice lawsuit that seeks to block AT&T’s proposed merger with Time Warner. In The Hill, Blumenfeld notes the ineffectiveness of imposing behavioral conditions to avoid anticompetitive behavior following major industry mergers. In USA Today, he notes that this litigation offers consumers a real-world lesson in the antitrust issues that can affect everyday activities such as watching cable television and streaming programs. CNN quotes Blumenfeld on the difficulties AT&T customers might face should the deal be approved when attempting to obtain content that is not owned by AT&T. In Law360, Blumenfeld discusses the parties' back-and-forth regarding confidentiality concerns and notes how greater evidentiary openness in this case can offer consumers a look at antitrust law as applied to an industry they understand and interact with every day.
March 9, 2018 March 9, 2018
Law360 quotes Mark P. Kesslen on obviousness as a barrier to patentability in an article exploring hurdles to securing patents related to distributed ledger technology and blockchain.
February 21, 2018 February 21, 2018
The Wall Street Journal quotes Ed Zimmerman on the challenges of starting new business lines in the context of Airbnb’s efforts to launch their new Experiences offering. (subscription required to access article)
February 14, 2018 February 14, 2018
Steven M. Skolnick and Michael Lerner are highlighted in Law360 regarding their representation of Motus GI Holdings, Inc. and its successful IPO.
February 6, 2018 February 6, 2018
Benjamin Kozinn is quoted in Reuters regarding employer policies governing personal trading by employees in cryptocurrencies.
January 11, 18 & 25, 2018 January 11, 18 & 25, 2018
In a three-part article, the Hedge Fund Law Report quotes Peter D. Greene and Benjamin Kozinn regarding fund managers’ collection (often through vendors) and use of big data, liability risks associated with acquisition and use of material nonpublic information, and data privacy issues surrounding access to and use of personally identifiable information.
January 20, 2018 January 20, 2018
James C. Shehan, Head of Lowenstein’s FDA Regulatory Practice, is quoted in Modern Healthcare regarding the security of medical devices pertaining to health systems, noting the lack of absolute security in the electronic world.
December 14, 2017 December 14, 2017
Jeffrey Blumenfeld discusses net neutrality in The Washington Post and TheStreet.
November 7, 2017 November 7, 2017
Michael S. Etkin is quoted in Law360 regarding his representation as bankruptcy counsel of a putative class of 2.2 million patients in connection with the 2015 data breach involving bankrupt cancer treatment center operator 21st Century Oncology that exposed their personal health information. Etkin represents the putative class of patients, which argued, among other things, that the automatic bankruptcy stay be lifted in order allow the data breach litigation pending in Florida to go forward with any recovery limited to available insurance coverage or, in the alternative, that the class proof of claim filed on behalf of the putative class be allowed to proceed in bankruptcy court.
October 17, 2017 October 17, 2017
Lynda A. Bennett comments in Law360 on how a recent New Jersey appeals court decision affects the "continuous trigger" theory for insurance in construction defect liability claims.
September 28, 2017 September 28, 2017
As New Jersey Attorney General, Christopher Porrino discusses phone and email scams targeting senior citizens in an interview on Fox 5 NY.
August 2017 August 2017
Mark P. Kesslen comments in Technology Transfer Tactics' monthly newsletter on the various approaches TTOs may consider for managing patent annuity.
July 10, 2017 July 10, 2017
Mary J. Hildebrand comments in Law360 on the risks created by an expanded definition of personal data under the General Data Protection Regulation (GDPR).
July 7, 2017 July 7, 2017
In Bloomberg BNA, Mary J. Hildebrand comments on enhanced compliance obligations imposed on data processors once the General Data Protection Regulation (GDPR) takes effect on May 25, 2018.
July 3, 2017 July 3, 2017
Mary J. Hildebrand comments in Law360 regarding the FTC's stance on collecting geolocation data from cellphones without explicit consent.
June 22, 2017 June 22, 2017
Technical.ly Philly includes Brittany T. Esser in an exclusive list of 14 lawyers deemed to be made in the mold of Steve Goodman, a Philadelphia lawyer whose longtime dedication to representing technology and emerging growth companies earned him the moniker, “the godfather of Philadelphia startups.” Esser’s listing notes that she was deeply involved in Philadelphia’s startup community, including by helping to organize Philly New Technology Meetup and by working for Robin Hood Ventures, a leading angel investment group.
June 5, 2017 June 5, 2017
Steven M. Hecht comments in Law360 regarding the impact the Delaware Supreme Court's impending ruling in the DFC Global case will have on appraisal actions.
May 2, 2017 May 2, 2017
Matt Savare is quoted in Communications Daily Newsletter on establishing a real-world claim for virtual-world torts.
May 1, 2017 May 1, 2017
In Intellectual Property Watch, Matt Savare comments on emerging IP issues as virtual reality and augmented reality technologies develop.
April 21, 2017 April 21, 2017
Jeff Cohen is quoted in Fortune and Term Sheet regarding the increasing utilization of bankruptcy law by startup technology companies when businesses fail. Cohen points to the increased involvement by venture capitalists and the need to protect their personal liabilities, as well as intellectual property assets and customer lists as value drivers in Chapter 11 filings.
April 1, 2017 April 1, 2017
Mary Hildebrand comments in POLITICO Pro on the U.S. government's political stance regarding the EU-U.S. Privacy Shield pact.
March 27, 2017 March 27, 2017
Mary Hildebrand is quoted in LegalTech News on the UK's data protection authority's enforcement of cybersecurity standards.
March 16, 2017 March 16, 2017
In CSO Online, Lynda Bennett comments on the importance of policyholders of carefully reviewing their cyber insurance policies.
March 15, 2017 March 15, 2017
Jeffrey Cohen comments in Forbes regarding the recent explosion of startup technology companies filing for bankruptcy protection. Cohen points to intellectual property assets and the less-public bankruptcy procedure, assignment for the benefit of creditors (ABC), as catalysts for the increase in Chapter 11 filings.
January 2017 January 2017
Vanessa Ignacio is ranked as one of the world's leading trademark professionals for the sixth consecutive year by the World Trademark Review.
December 5, 2016 December 5, 2016
Michael Savetsky is quoted in Law360 regarding the Official Committee of Unsecured Creditors' concerns about proposed bidding procedures in the Chapter 11 bankruptcy proceedings of Xtera Communications Inc.
November 18, 2016 November 18, 2016
In Corporate Counsel, Matt Savare comments on the dilemma that offensive speech creates for social media channels such as Twitter.
October 12, 2016 October 12, 2016
Matthew Hintz wrote the guest post "A Croissant-Doughnut By Any Other Name" for The IPKat, a popular intellectual property law blawg, on the registration and enforcement of the CRONUT trademark.
January 2016 January 2016
Vanessa Ignacio is ranked as one of the world's leading trademark professionals for the fifth consecutive year by the World Trademark Review.
July 31, 2015 July 31, 2015
Matthew Savare comments in Law360 regarding the Federal Trade Commission's social media promotion guidelines for paid product reviews.
2013-2014 2013-2014
Jonathan L. Lewis has discussed antitrust-related issues in mergers and acquisitions with numerous prominent media outlets, including The New York Times, Forbes, Reuters, CNBC, Aviation Week Network, Business Insider, and Bloomberg.
September 10, 2014 September 10, 2014
Featured: VentureBeat: What to Think podcast, episode 20, "Airbnb loves this lawyer"
August 7, 2014 August 7, 2014
In The Daily Dot, Matt Savare comments on copyright laws surrounding compilations of materials on viral content websites.
April 12, 2013 April 12, 2013
Featured: Mayor Bloomberg Announces Agreement In City's First-ever Lawsuit Against Self-storage Facilities Used To Illegally Store And Sell Counterfeit Goods

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