Trailblazers is a special supplement spotlighting professionals who are agents of change in their respective practice areas.
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Legal Technology
Cannabis Law
Employment
Family/Elder Law
Elite Boutique
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Get to know the honorees by practice area and read their intriguing stories
The National Law Journal is recognizing its fourth list of Employment Law Trailblazers. We reviewed submissions for an array of topics, from navigating a workplace during a pandemic to setting new employee regulations in a world where cannabis laws are ever-changing.We took the time to vet each submission and asked each honoree what has driven them to reach success. We are proud to spotlight a handful of individuals that are truly agents of change.
Thomas J. Barton
Leading wrongful termination cases at the state federal level
Michele Haydel Gehrke
Specializing in labor relations for airline & transportation employees
click to view all honorees
Put Title Here
PIONEER SPIRIT Michele Haydel Gehpke’s initial intereest in employment law stemmed from taking public policy courses as an undergraduate at UCLA. She found the intersection of law, public policy and social justice fascinating, especiallly around gender discrimination. “And whenI went to law school, continued down that path and still enjoy that area of the law today”. TRAILS BLAZED Gehrke specialsizes in the Railway Labor Act, a niche area of national labor regulations specific to airline and other transportation employees. In Smith v. United Airlines, she was the lead attorney and won a dismissal at district court level on a motion to dismiss before the Ninth Circuit of Appeals. She has also served as lead counsel on a case involving the overlap of social media speech and the Railway Labor Act. She wonthat case but also filed suit in federal court in Texas, bringing statutory claims under Title VII and the act. “It’s a balance betweenfree speech and the ability to protect employees from harassment.” Gehrke has also represented clients in several cases involving the issue of mandatory arbritration agreements. “There is awhole line of cases up to the Supreme Court, and these issues are very much at the forefront right now.” FUTURE EXPLORATIONS An employers watch how the supreme Court will handle the issues of class-actionarbritation where there is now waiver, Gehrke expects addtional guidance from the court on this and Selection VII and whether it includes sexual orientation discrimination. “There are a lot of old agreements out there that are silent on the subject. It’s still an open issue under federal law.” She also sees an increasing numberof Private attorneys General Act cases, which allow individual employees to sue for violations of the labor code in the name of attorney general.
Partner
David deRubertis
PIONEER SPIRIT Despite being raised in a family without lawyers, by the third grade David deRubertis knew he wanted to be a trial lawyer. At the age of 15, he walked up and down Ventura Boulevard in Los Angeles handing out his resume to law firms. He obtained a job at a medical malpractice plaintiff’s law firm. “I was fascinated by medical issues, but at the same time the firm was handling sexual harassment cases, too.” In the mid-1990s, while still attending UCLA as an under and during the era of Paula Jones and Anita Hill, deRubertis was handed a sexual harassment case by his boss that required intense research and writing. “The case ended up in my lap to handle, and it was my first entree, which led to obsessively reading about employment law and even publishing of some articles about it before I started law school. The more I’ve worked in this area, the more I have enjoyed it. Employment law itself is always changing and evolving, and the cases really boil down to interpersonal relationships and dynamics at work. Everyone can understand those dynamics.” TRAILS BLAZED DeRubertis founded his California-based boutique trial law firm more than 20 years ago. The majority of his practice is handling employment disputes representing employees but he also handles catastrophic personal injury and wrongful death cases, contingency business litigation, consumer class actions, insurance bad faith matters and more. He has advanced the rights of California workers through numerous precedent-setting opinions from both the California Supreme Court and intermediate appellate courts. “Early in my career, I got asked to handle a lot of employment cases before the California Supreme Court – personally arguing four cases to the Court in a seven year span.” DeRubertis also regularly tries employment cases, achieving record-setting jury verdicts. One example is Zulfer v. Playboy Enterprises, Inc., where he represented Catherine Zulfer in a financial whistleblower case. Ms. Zulfer was the corporate controller for the global media and lifestyle company. The case became the first case within the Ninth Circuit in which a court held that
raising concerns regarding attempted violations of internal accounting controls is protected under the Sarbanes-Oxley Act. “Cathy was asked to record executive bonuses on the books and she didn’t feel it was appropriate from an accounting perspective. So she refused and was retaliatorily laid off months later. At the time, it was the largest Sarbanes-Oxley retaliation verdict in U.S. history. DeRubertis passionately believes that individual employment cases, not only class actions, can be used to address and expose systemic mistreatment of employees. One example is his work on behalf of many AT&T call center employees who for years have alleged systematic retaliation or discrimination based on disabilities and/or taking of medical leave. In one such case, Angela Hernandez v. Pacific Bell/AT&T, deRubertis’ client opted out of a class action recovery of approximately $30,000. Instead, deRubertis achieved a jury verdict of over $2 million dollars plus another $2.7 million dollars in statutory fees and costs. FUTURE EXPLORATIONS DeRubertis foresees that employment law will continue to advance along with societal progress to end discrimination of all kinds. For example, in recent years deRubertis has spent more time working on matters for the LBGTQ community. One example is Loyola v. Woodbridge, et al., where he achieved a historic judgment of over $12 million dollars in what is believed to be the largest judgment ever rendered in a transgender harassment or discrimination case. Currently, deRubertis is handling matters alleging systemic discrimination against African-American workers, including his ongoing representation of Oscar-winning actress and famed comedian Mo’Nique in her race discrimination case against Netflix. Finally, deRubertis is most eager to return back to the courtroom to resume trying cases to juries. “The big thing right now is getting back into the courtroom. There really haven’t been any post-COVID-19 employment cases that have gone to trial yet in California.” Regardless of what may come, deRubertis is eager to return to the courtroom. “The new environment will be interesting, and I can’t wait to look jurors in the eye again.”
Read Profile
The National Law Journal is recognizing its inaugural list of Criminal Law Trailblazers. We cover both white collar/ government investigations and public defenders in this section. We hope you enjoy reading through our list of honorees.
Criminal
Melissa Azallion
Helping clients comply with immigration law
The National Law Journal is excited to present our third annual list of Healthcare Law Trailblazers. Our list includes some high profile honorees who are truly changing the landscape of healthcare law. It will be no surprise that a lot of the following honorees have made sweeping efforts to create remarkable impact over the last year. We are pleased with our final list of honorees and are proud to share each of their stories with you.
healthcare / life sciences
The National Law Journal is recognizing its sixth annual list of Plaintiffs’ Lawyers Trailblazers. The Trailblazer series is a special supplement developed by the business arm of The National Law Journal. We are proud to spotlight a handful of individuals that are truly agents of change. As with all Trailblazer supplements, the list is never complete. If you have someone you feel is deserving of the title, please reach out and let us know.
Lee Rudy
Christopher Seeger
read profile
Michael J. Wernke
WHAT WAS THE GENESIS OF THE IDEA/PATH THAT HAS MADE YOU A TRAILBLAZER? Most of my clients are institutional investors who invest primarily via index funds. It’s not so easy for them to extricate themselves from every company whose governance they don’t like. Corporate governance litigation is often their best option to reform corporate conduct. If we can force one company to change its policies, that often creates a ripple effect. We saw that with stock option backdating and other compensation abuses -- and more recently, with non-voting stock in the Facebook case. WHAT SORT OF CHANGE HAS RESULTED FROM THE CONCEPT? I can’t say that every case we win causes lasting change. But our case challenging Zuckerberg’s plan to issue nonvoting stock to cement his control over Facebook pretty much ended that practice. Before Zuckerberg caved, Google had adopted a class of nonvoting stock. Snapchat’s parent company went public with only nonvoting stock. More companies were considering adopting nonvoting stock as a way of cementing control. But when we got Zuckerberg to withdraw his reclassification, the executive director of the Council of Institutional Investors told Bloomberg News it was “the death knell for existing companies trying to adopt a nonvoting share class.” WHAT BEARING WILL THIS HAVE ON THE FUTURE? When we filed suit against Facebook, Zuckerberg was still viewed as an innocent wunderkind. Subsequent events, including Facebook’s role in shaping political discourse and in spreading vaccine misinformation, make me glad we stopped Zuckerberg from locking up control over Facebook forever, not just for stockholders, but for democracy. But let’s be real. If we blazed a bit of trail, it’s through a forest without end. Insiders will keep trying to extract benefits at the expense of stockholders. I expect to be happily bushwhacking for a long time
U.S. Department of Justice and New York’s attorney general, leading to a $504 million recovery for the bank’s clients. “It was an extraordinary litigation which returned a third of the bank’s profits from these practices to the class. It is enormously satisfying when you can return assets to your clients and also effect beneficial industry changes.” Nirmul’s work relating to American depositary receipts has also led to significant industry changes. “From the insight we obtained on how banks processed FX standing instructions, we saw that depository banks were exploiting the lack of transparency in FX transactions for ADRs to pocket FX spreads that contractually belonged to ADR holders. I am very proud of the work we did in that regard to shed light on this practice and curtail it.” Nirmul has also litigated claims against Endo Pharmaceuticals in a case involving its disclosures regarding the efficacy of opioid drug Opana ER, resulting in a recovery of $80 million for Endo’s shareholders. “Endo was at the center of the opioid crisis and was touting its opioid drug as abuse-deterrent when it had data that proved otherwise, we alleged. The toll on opioid users has been catastrophic, and there has been a toll on investors as well. We helped shareholders recover some of those losses.” FUTURE EXPLORATIONS Nirmul has noted the expansion in the equity markets in recent years fueled in part by increased interest from retail investors. “This interest extends beyond IRAs and 401(k)s, with increasing investments by casual investors putting their extra money into stocks, options and futures. “There will always be the garden variety securities fraud committed by corporate insiders and we will continue to litigate those cases zealously for our clients,” but he cautions that there are insidious ways that smaller retail investors are defrauded in the market. “I would like to see more scrutiny on market manipulation impacting retail investors in the equity and derivative markets. While my firm’s mission is to service the litigation needs of our large institutional clients, our goal of making the markets fair and honest extends to all investors.”
PIONEER SPIRIT Christopher Seeger started his career at a big defense firm but found it difficult to connect with his work. “I was getting ready to quit law before working my first personal injury case. I fell in love with the white knight aspect and helping people who were raked over the coals by the system. And 27 years later, I still love my job.” TRAILS BLAZED Seeger served as co-lead class counsel in multidistrict litigation involving concussion injuries against the National Football League. “We have obtained more than $800 million, and I’m proud of the fact that we are on track to pay out $1.5 or $2 billion.” His efforts have focused on players with the most need, including the testing of retired players, with his efforts bringing more attention to the risks of high-impact sports beyond the professional level. Seeger also served as co-lead counsel for nearly 27,000 cases against Merck & Co. over its arthritis painkiller Vioxx, which resulted in a $4.85 billion recovery. “Pharmaceutical companies would run all kinds of trials, but the negative ones never made it to the public. We were able to change that, with pharmaceuticals now having to post all their results.” Seeger also served as lead counsel in obtaining successful verdicts in several bellwether liability and damages trials against defective Chinese-manufactured drywall products and was also one of the four negotiators representing individuals in the Volkswagen “clean diesel” emission controversy and its more than $21 billion settlement. FUTURE EXPLORATIONS Seeger currently represents military veterans facing hearing loss and damage from defective earplugs and clients involved in opioid litigation. He also expects to see increasing environmental litigation. “The planet was hurting during the Trump administration, and I am working with the U.S. government and states to clean up the planet and hold polluters accountable.”
Brazilian prosecutors and the Brazilian courts.” Despite these public perceptions, Gilmore was able to successfully argue fraud in the U.S. “When I deposed the whistleblower, she told the story of how she was accosted on the street and threatened at gunpoint to keep quiet.” The victory allowed many institutional investors who had opted out of the class to come back in to take part in the settlement. “And as part of this case, we made good law in the Second Circuit, making it easier to get a class certified.” Gilmore also represented plaintiffs in class-action litigation against Yahoo! Inc., resulting in an $80 million settlement. Involving one of the largest data breaches in U.S. history, more than three billion Yahoo accounts were compromised. “I actually had a Yahoo account that had been hacked. Because the CEO had failed to disclose a large attack, it was able to be approached as a securities fraud issue. Yahoo represented that they had the right protections when they knew they had been hacked. Ours was the first successful case that was approached in this way.” Gilmore is also prosecuting securities fraud claims against multinational oil and gas company BP in a case involving charges resulting from the 2010 Deepwater Horizon oil spill. She is helping to develop unique strategies to protect investments by investors by those who purchased foreign-traded shares of a foreign company to pursue securities fraud claims in a U.S. court. She was also recently selected to serve on the New York City Bar Association’s Securities Litigation Committee, where she will have the opportunity to help shape future law and public policy. FUTURE EXPLORATIONS As the number of data breaches continues to rise, Gilmore sees an increase in the number of fraud cases involving cybersecurity issues. “The law has been evolving for years, but fraudsters have found new ways to defraud investors. I don’t see cybersecurity issues going away. They are here to stay as fraudsters come up with different ways to hack into accounts.”
PIONEER SPIRIT After graduating from Harvard Law School in 2004, Michael Wernke started his career in a big defense firm. “I stumbled onto securities class actions. I started working high-profile First Amendment cases, which I liked, but there was not that much work.” He decided to take on a variety of complex commercial litigations, including a securities fraud class action. When the U.S. Supreme Court issued its decision in the landmark securities case Dura Pharmaceuticals, Inc. v. Broudo, holding that inflated stock prices alone do not demonstrate “loss causation” and that the plaintiff needs to show that the inflation was due to the fraud, Wernke’s interest in taking on more securities class actions took off. “But as I became a more seasoned attorney, I found myself agreeing more with the formulation of the law from the investor side, so I came to Pomerantz where I could champion the rights of the small investor.” TRAILS BLAZED Wernke obtained a $110 million settlement as the co-lead counsel in Pirnik v. Fiat Chrysler Automobiles N.V. et al., a high-profile securities class action relating to Fiat Chrysler vehicles’ noncompliance with diesel emissions regulations. “We alleged that the company was not in compliance, with some diesel vehicles having defeat-device software installed.” The emissions-compliant software operated when the vehicle was in an Environmental Protection Agency testing scenario. But the software was turned off during normal driving conditions, allowing for increased power and miles per gallon for the vehicle. “At first, the court granted the defense’s motion to dismiss, stating that we had not shown that the statements were false and misleading and the company knew.” In response, Wernke amended the complaint, adding emails from the EPA to Fiat Chrysler’s head of regulatory affairs that Wernke had received pursuant to a Freedom of Information Act request to the EPA. He argued that the emails, which showed the EPA’s concerns about the possibility of violations were enough to plead that the defendants’ statements of compliance were actionable. “We added the EPA’s concerns shown in the emails, and the court sustained based on that determination.” In previous cases, formal documentation from a regulator was
necessary, but Wernke successfully argued for allowing the case to proceed based on an exploratory email. “This allows investors to bring claims they wouldn’t have been able to bring otherwise.” In December 2018, Wernke helped obtain a $31 million partial settlement in In re Libor-Based Financial Instruments Antitrust Litigation involving the Libor rigging scandal. And in October 2018, he obtained a $15 million settlement in a securities class action involving data capture and delivery equipment manufacturer Symbol Technologies misleading investors on its ability to forecast revenues. Since moving from the defense side to the plaintiffs’ bar, more than 85% of complaints drafted by Wernke have survived motions to dismiss. He currently leads a securities fraud class action against Quorum Health Corporation, alleging the operator of general acute care hospitals and outpatient services misled investors on the financial health of hospitals that the parent company had spun off into a stand-alone business. He successfully defeated the defendants’ motions to dismiss the complaint by arguing that the company from which Quorum Health was spun off made false statements. With this victory for the plaintiffs, Wernke continues to manage the complex fact-finding and discovery in the matter. FUTURE EXPLORATIONS Wernke believes there will be an increase in the number of cases resulting from the coronavirus declining the markets. “Anytime something this drastic happens, it’s fertile ground for fraudsters. Opportunistic fraudsters will be looking to mislead, but a lot of fraud also happens when people are not necessarily setting out to commit fraud, but because they crossed the line out of fear or are attempting to cover up mismanagement. I see a broad scope of cases related to these areas.” He also believes there will be an increase in cases hinging on reputational damage. “For example, there will be more #MeToo-related cases rather than just financial ones. Consumers and shareholders are more concerned than ever about who is running the company and that person’s standing in the community.”
The National Law Journal is recognizing its third list of Real Estate/Construction Law Trailblazers. The Trailblazer series is a special supplement developed by the business arm of The National Law Journal. We received a very competitive list of nominations for this section. We took the time to vet each submission and asked each honoree what has driven them to reach success. We are proud to spotlight a handful of individuals that are truly agents of change.
real estate / construction law
The National Law Journal is proud to be recognizing its fifth list of Energy/Environmental Trailblazers.This is the first time we've held this section since 2018. We hope you enjoy reading the profiles of these innovative individuals.
energy / Environmental
Check back on July 1 to see our list of 2021 Energy and Environmental Trailblazers!
The National Law Journal is recognizing its fifth list of Elite Boutique Trailblazers. We considered firms that specialize in one area of practice or one industry. We received a very competitive list of nominations for each section. We took the time to vet each submission and asked each honoree what has driven them to reach success. We are proud to spotlight a handful of individuals that are truly agents of change.
ELITE BOUTIQUE
The National Law Journal is proud to recognize our fourth list of Cannabis Law Trailblazers. The Trailblazer series is a special supplement developed by the business arm of The National Law Journal. We received a very competitive list of nominations cast in favor of this year’s honorees and an array of other leading minds who will surely be recognized in years to come. In the pages that follow, we think you will enjoy reading these short findings.
cannabis
Irina Dashevsky
Matthew Ginder
Nick Richard
WHAT WAS THE GENESIS OF THE IDEA/PATH THAT HAS MADE YOU A TRAILBLAZER? In 2018, I got the opportunity to represent a vertically integrated cannabis company that had operations in multiple states and was looking to consolidate its legal needs under one roof. This timing coincided with Illinois passing adult use, and by mid-2019, I had developed a solid base of my cannabis clients. Knowing my clients was incredibly motivating on a personal level because it drove me to never quit on their behalf. The Hazehaus matter was a product of that drive—we saw that many qualified, deserving applicants were being boxed out unfairly and were compelled to act on it. WHAT SORT OF CHANGES HAS RESULTED FROM THE CONCEPT? The Hazehaus litigation was the first of its kind. Plaintiffs, in that case, were applicants for Illinois cannabis dispensary licenses and were excluded from participating in the license lottery because they did not achieve a perfect score. As such, part of the litigation was to challenge the constitutionality of the 5 points awarded for majority veteran ownership. This litigation spotlighted the unfairness of such an outcome and contributed to the Illinois legislature passing a supplemental legislation that addressed this issue (to an extent) by creating two additional lotteries that required an 85% threshold (rather than a perfect score). This gave most plaintiffs a chance to participate in at least one lottery, and the matter was voluntarily dismissed. WHAT BEARING WILL THIS HAVE ON THE FUTURE? In addition to contributing to a more equitable license lottery and issuance process in Illinois, this case was the precursor case to several other pending matters that challenge the constitutionality of awarding application points. I think this case and others like it raise important issues for legislators and regulators to consider as they put forth new cannabis laws, regulations, and licensing contests.
#MeToo issues, and serves on boards advocating for the rights of children, women and those seeking political asylum. She is currently leading a class-action case against Wynn Resorts involving allegations of concealing a pattern of sexual misconduct by company founder Stephen Wynn. “The case alleges that the company misled investors into believing that it was committed to a Code of Conduct that required employees to act legally and ethically, when in fact, Wynn’s senior management was aware of and failed to investigate numerous claims of sexual misconduct by Steven Wynn against the company’s female employees. We are making the relatively untested argument that codes of conduct like these should be actionable under the securities laws. Given the #MeToo movement and the negative stock price impact of revelations of misconduct by senior management, statements about a company’s code of conduct have taken on heightened importance for investors Walsh currently serves as a member on the Executive Committee of the Board of Trustees for Court Appointed Special Advocates for Children (CASA), a U.S.-based nonprofit organization that supports and promotes court-appointed advocates for neglected and abused children. She has served on the Honorary Steering Committee for Equal Rights Advocates (ERA), another U.S.-based nonprofit that helps advance legal rights and opportunities for girls, women and those of all gender identities. FUTURE EXPLORATIONS Walsh believes allegations of personal misconduct by senior executives will continue to be taken more seriously by investors. “Years ago, corporate America could just sweep this kind of thing under the rug, but not now. I see the #MeToo movement getting stronger, and companies will have to take stronger steps to prevent the types of misconduct we have seen in the Wynn case.”
WHAT WAS THE GENESIS OF THE IDEA/PATH THAT HAS MADE YOU A TRAILBLAZER? Over the years, I have represented various cannabis companies across multiple jurisdictions involving corporate structuring, including matters ranging from entity formation to acquisitions. It takes various areas of expertise to address corporate structuring, including a keen understanding of the laws and regulations specific to cannabis in each applicable jurisdiction. Given the unique nature of the cannabis industry, there is no “one size fits all” approach, but concepts that can be applied across the board. WHAT SORT OF CHANGES HAS RESULTED FROM THE CONCEPT? The concepts developed through knowledge and experience have allowed for the development of best practices in the industry. WHAT BEARING WILL THIS HAVE ON THE FUTURE? Having a greater understanding of the industry and the ability to identify trends in a fragmented industry certainly helps clients position themselves for the future.
Nick Richards
WHAT WAS THE GENESIS OF THE IDEA/PATH THAT HAS MADE YOU A TRAILBLAZER? I began representing cannabis companies before the IRS in 2013. The IRS audits cannabis companies to enforce Section 280E – a law created during the (many would say racist) war on drugs. Section 280E disallows deductions for ordinary and necessary business expenses paid during the sale of Cannabis. Section 280E should be unconstitutional because it causes an income tax on more than income. But thus far, the courts have held that Section 280E is constitutional because the IRS has discretion over deductions. But the courts have not said what to do with a disallowed 280E expense, and the permanent disallowance of an ordinary and necessary business expense does not fit within our concept of a tax on income. And so the idea is that if a business expense cannot be deducted (under Section 280E) or included in COGS (under Section 471) – it should go to the last category where business expenses are recorded – basis. WHAT SORT OF CHANGES HAS RESULTED FROM THE CONCEPT? The concept maintains the integrity of our income tax system together with Section 280E and is causing many tax professionals and some IRS agents to reconsider how Section 280E works for a cannabis company. WHAT BEARING WILL THIS HAVE ON THE FUTURE? If true, then business costs are not lost forever and will instead be recoverable on the sale of the business when the basis is recovered.
The National Law Journal released its third annual list of Sports/Gaming/Entertainment Trailblazers in November 2021. Our Sports/Gaming/Entertainment honorees cover everything from counseling A-list celebrities to sports betting legislation. We are pleased with our final list of honorees and are proud to share each of their stories with you.
sports & entertainment
Arthur H. Bryant
Paul Lanois
Arthur Bryant, the former Chairman and Executive Director of Public Justice, started and leads Bailey & Glasser’s Oakland, CA, office. He has won major victories and made new law in civil rights, consumer protection, constitutional law, toxic torts, access to justice, class actions, and mass torts. The National Law Journal has twice named him one of the 100 Most Influential Attorneys in America. WHY DID YOU BECOME A LAWYER? I have wanted to be a lawyer since I was 14 years old because I wanted to make the world a better place. It was the single best way I could see to make a difference. I knew politics was an option, but saw most political decisions as compromises based not on the merits—right and wrong—but on money, connections, and power. I thought some things, like racism, sexism, and discrimination, shouldn’t be subject to compromise and that, as a lawyer in the courts, I and my clients could fight and stop them. We could, of course, compromise if we wanted, but, if we didn’t, the decision was supposed to be based on the merits—right and wrong. WHAT WAS THE GENESIS OF THE IDEA/PATH THAT HAS MADE YOU A TRAILBLAZER? In 1982, in private practice, I was astonished to learn that Philadelphia excluded women from its public, academic Central High School because it had a “separate but equal” high school for girls. I proved the schools weren’t equal and got women admitted. In 1984, after I joined Public Justice, the National Women’s Law Center asked me to try the country’s first Title IX case against a school for discriminating against its women athletes. When we started to prove Temple University’s separate athletic programs for men and women were not providing equal opportunities, athletic financial aid, or treatment, the school settled. A few years later, Brown University decided to fight and lost at every turn, helping make new law advancing gender equity nationwide. WHAT SORT OF CHANGE HAS RESULTED FROM TITLE IX? Enormous change, but not enough. The concept is simple: equality. Title IX prohibits sex discrimination in all schools that receive federal funds. It has had done incredible good—opening up
numerous programs, jobs, and opportunities. As a result, more females are involved in higher education and sports than ever before. But, in athletics, most schools still aren’t in compliance. In the last year alone, over a dozen colleges tried to eliminate women’s (or men’s) teams in violation of Title IX. So, the athletes fought and, at almost every school, they won. WHAT BEARING WILL THIS HAVE ON THE FUTURE? Next year is Title IX’s 50th anniversary. The publicity and enforcement efforts accompanying that will have a major impact. Responsible schools are finally going to get into compliance. Colleges and universities that refuse to do so are going to face litigation from their students, us, and others. And they’ll have little choice. Title IX is the law. WHAT IS THE GREATEST DANGER TO AMERICA’S SYSTEM OF JUSTICE? Beyond global warming, climate chaos, and Covid-19, the greatest danger to our system of justice is the frontal assault taking place on the rights to vote and a day in court in America. Voter suppression, gerrymandering, and Supreme Court rulings, including on the Voting Rights Act, are closing the democratic process. Forced arbitration, federal preemption, class actions bans and abuses, and unjustified secrecy are closing the courthouse doors. If people can’t vote or get justice in the courts, they’ll seek it in the streets. Our system will be destroyed, because it is no longer a system of justice. WHAT ADVICE WOULD YOU GIVE TO PROSPECTIVE AND CURRENT LAWYERS? Try to spend your time fighting for justice and things you believe in. Your mind, heart, and spirit will thrive. You will help people and make the world fairer. Try not to spend your time arguing for things you don’t believe in. You will become alienated from your job, be miserable, or, worse, end up believing things because someone paid you to say them. You could also make the world much worse. Hold fast to your integrity, your beliefs, and your love for others. It will make you a better and happier lawyer and person.
Director, Technology, Outsourcing and Privacy
WHAT WAS THE GENESIS OF THE PATH THAT HAS MADE YOU A TRAILBLAZER? I have always been interested in technology, and enjoy playing with new gadgets and computer hardware, so I was drawn into privacy and cybersecurity law because the field is uniquely positioned in between law and technology. When I first started practicing law, privacy law was not the field that it is today and many of my peers would shy away from any work relating to privacy, security or technology since these topics were perceived as being too technical. However, I found that the law in the area of technology "just" made sense to me, so I was glad to take on those projects and have kept on doing so. WHAT SORT OF CHANGE HAS RESULTED FROM THE CONCEPT? One of the projects that I recently worked on is an anti-cheat software for a leading online multiplayer game. As a gamer myself, I was delighted to work on this! Cheating in online games is used to gain an advantage over other players, resulting in legitimate players to be frustrated as they are not able to play the game normally or to advance. After all, nobody wants to play a game where everyone is cheating. In connection with the development of an anti-cheat software was asked to advise on the privacy legal and data security aspects, ensuring it met stringent legal requirements (e.g. in relation to data collected and used) as well as the technical specifications to help ensure its effectiveness. WHAT BEARING WILL THIS HAVE ON THE FUTURE? The deployment of the software ultimately resulted in player satisfaction (and stronger user engagement with the game). It is likely that this type of software will be increasingly deployed in the future to avoid suffering from cheating.
Introducing our inaugural list of Insurance Law Trailblazers. In such a trying time, we feel that now, more than ever, it is time to shine a light on those who have taken extra measures to contribute to positive outcomes. It will be no surprise that a lot of the following honorees have made sweeping efforts to create remarkable impact over the last year. We are proud to spotlight a handful of individuals that are truly agents of change.
insurance law
The National Law Journal is recognizing its second list of Cryptocurrency/Blockchain/Fintech Trailblazers. The Trailblazer series is a special supplement developed by the business arm of The National Law Journal. You will notice an emphasis on NFTs throughout the section, as well as stories on many ‘firsts’ that came along with the popularity of cryptocurrency. We hope you enjoy reading the following profiles.
The National Law Journal is proud to recognize our second list of Family/Elder Law Trailblazers. The Trailblazer series is a special supplement developed by the business arm of The National Law Journal. We took the time to vet each submission and interviewed each honoree to find out what has driven them to reach success. In the pages that follow, we think you will enjoy reading these short findings.
family | elder law
Arthur D. Ettinger
Hugo E. Acebo
WHAT WAS THE GENESIS OF THE IDEA/PATH THAT HAS MADE YOU A TRAILBLAZER? Since the beginning of my career, I have always been clear that I wanted to help individuals and make a difference in their lives. This mission is at the core of my family law practice, including regularly volunteering as pro bono counsel for those less fortunate who are otherwise unable to retain private counsel. Over the past 24 years, I have been involved in numerous complex and high conflict matrimonial and family law matters. Last year, I was honored to have filed on behalf of my clients, a same-sex couple, the first petition for an order of parentage for their expecting child under New York’s newly passed Child Parent Security Act.” WHAT SORT OF CHANGES HAS RESULTED FROM THE CONCEPT? In Prior to the new law, same-sex couples were required to go through unnecessary roadblocks and the extensive process of second-parent adoption, which included home studies with the child. With the new law in place, I successfully completed the order of parentage on behalf of my clients before the birth of the couple’s child, through a shortened, streamlined process. By the time their son was born, virtually all of the work had been completed, and my clients were able to focus on the joy of being new parents. WHAT BEARING WILL THIS HAVE ON THE FUTURE? As matrimonial practitioners, we are often in hotly contested proceedings. Being involved in one of the first petitions for pre-birth parentage order was one of the highlights of my career. Everybody involved, including the judge, left the room smiling. The passage of the Child Parent Security Act brings New York law up to speed with developments to help families streamline the process in medical and reproductive technology. The new law also protects not only the child and intended parents, but also creates a “surrogate’s bill of rights,” creating a new era for legalized gestational surrogacy in New York.
WHAT WAS THE GENESIS OF THE IDEA/PATH THAT HAS MADE YOU A TRAILBLAZER? I became a family law attorney because I wanted to use my legal expertise to help people who are contemplating life changing decisions or going through some of the most challenging and consequential times of their lives. WHAT SORT OF CHANGES HAS RESULTED FROM THE CONCEPT? As a Partner of Berger Singerman law firm, I am routinely making a positive difference in the lives of clients by providing them the knowledge and guidance they need to create a family or gain control of the difficult situations they face. It is extremely gratifying to be a part of the evolution of a family and of someone in a state of vulnerability, to a position of strength and preparedness for the next chapter in their lives. WHAT BEARING WILL THIS HAVE ON THE FUTURE? At the root of my work with Berger Singerman is the desire to help those in need. It is my hope that I will continue to make a positive impact in the lives of my clients and their families. gue fraud in the U.S.
The National Law Journal is recognizing its annual Litigation Trailblazers. We received a very competitive list of nominations cast in favor of this year’s honorees and an array of other leading minds who will surely be recognized in years to come. We took the time to vet each submission and interviewed each honoree to find out what has driven them to reach success. We hope you enjoy reading about this diverse list of honorees.
litigation
The National Law Journal is recognizing its first Political Activism/1st Amendment Rights Trailblazers. The individuals featured in this section have persevered in the fight for first amendment rights and beyond. We are thrilled to announce this diverse list of inspiring individuals.
The National Law Journal is recognizing its second annual list of Legal Technology Trailblazers. The Trailblazer series is a special supplement developed by the business arm of The National Law Journal. We are proud to spotlight a handful of companies and products that are truly agents of change. Unlike our other Trailblazer sections, the following profiles focus on the company/product rather than the individual. Our goal was to capture a collection of companies that are using innovation to help ease the daily tasks taken on by law firms and legal departments.
legal technology
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helpful to them in addressing the challenges of the global pandemic. Our eClosePlus solution is an excellent example of the type of innovation that gives us a competitive advantage. DOES YOUR FIRM EMPLOY NON-LAWYER PROFESSIONALS IN HIGH-LEVEL POSITIONS? We believe the “law firm of the future” is about much more than technology. In fact, it is just as much about utilizing the right professionals across the organization to optimize workflow and client service. We have a CFO who provides input to our governing partners and develops firm business strategies, which are presented to the firm management. Our chief technology officer is responsible for the development and operation of all our IT systems and network environments. He is an acknowledged visionary in mortgage technologies. Although he is not an attorney, much of the success of our firm can be attributed to his innovation. Beyond these key people, we maintain a large team of non-lawyers who analyze closing documentation under attorney supervision. They exercise higher skills and are better compensated than a typical document reviewer. In a large sense, they are the backbone of the firm. We recruited many of our non-attorney document personnel from large banks and mortgage companies, including our firm director, who spent 25 years with Wells Fargo. Moving forward, what do you see as the biggest opportunities for the firm? We see significant opportunities to continue our exponential growth, both in Texas and throughout the country. Our firm is now recognized as the “go-to” firm in Texas for residential mortgage lending. We wish to build on that standing to expand our presence in other states, both as a niche residential lending law firm, and as a broader service provider. We have already initiated that push in earnest.
ABOUT THE FIRM Polunsky Beitel Green (PBG) is the leading law firm in Texas in our area of practice—advising lenders on residential mortgage-related issues. We represent residential mortgage originators exclusively, preparing and reviewing mortgage closing documents for over 35,000 transactions each month. This is only possible with our proprietary technology and workflow platform. We also advise lenders on their mortgage regulatory issues, where we have unmatched experience and expertise. While many in the industry debate how the law firm of the future will look, we think we’ve already created it. Our technology platform is certainly critical to that, but the law firm of the future isn’t only about technology and automation. It’s about blending technology with the right lawyer and non-lawyer talent to produce unmatched accuracy, efficiency, and client service. We accomplish this with a professional staff of highly skilled document review specialists, who are backed by the best mortgage lawyers in the industry. Simply put, we ensure that repetitive tasks are automated, that standard, non-repetitive tasks are handled by our reviewers, and that our lawyers engage on the “outlier” issues that require specialized legal acumen and judgment. We see others in the market either trying to automate too much, resulting in a “one-size-fits-all” offering that produces inconsistent client results, or involving their most skilled talent in too many tasks that could be accomplished by other staff, resulting in inefficiencies in the service delivery model. While creating the law firm of the future is an ever-changing endeavor, we believe we have built a foundation that accounts for the industry’s continuing evolution. WHAT IS THE MOST INNOVATIVE THING AOUT YOUR FIRM? Without question, the development and implementation of our state-of-the-art eClosePlus platform. No other law firm has a proprietary product like it. Many residential lenders, including two of the largest builder-owned mortgage companies in the country are currently using it. To a large degree, it has been
the only transparency system built by compliance professionals for compliance professionals. Backed by Porzio Compliance Digest—the market’s only comprehensive legal database—our transparency product is “built from the law.” It helps users generate reports in compliance with US and global transparency regulations, laws and codes. And, Porzio GST does more – it helps companies monitor and audit engagements and transfers of value to ensure compliance with HCP interactions through the comprehensive aggregation technology, dashboards, and analytics. As life sciences companies continue to navigate the legal landscape resulting from increasing compliance requirements, the synergies between Porzio, Bromberg & Newman, and Porzio Life Sciences are becoming increasingly compelling in the industry. When our clients face legal challenges, our attorneys leverage PLS technology and databases to provide fast, up to date information on the latest regulatory guidelines without having to incur dozens of hours of client billable research. Our team counsels clients on anti-kickback considerations and compliance with industry standards, the development of compliance manuals, policies, and standard operating procedures, risk assessments of companies’ compliance policies, sales force training, promotional reviews, and distribution and licensing of life sciences products. At Porzio, we understand the job of lawyers and compliance professionals because we are lawyers compliance professionals. We know what product features matter most to our customers because our team members have walked in their shoes, working in compliance roles at life sciences companies. We know how to help clients manage legal risk, because we live and breathe compliance regulations. That experience informs everything we do, and ensures that we are giving our customers the help they need.
BLAZING TRAILS The law firm of Porzio Bromberg & Newman created its wholly-owned subsidiary company, Porzio Life Sciences, well before the term “New Law” came to describe the innovative ways law firms are delivering legal services. And yet, it is an archetype of the trend. Porzio Life Sciences was founded when Porzio attorneys recognized the rapid growth of regulations governing the sales and marketing of drugs. To help pharmaceutical companies cope, Porzio Life Sciences used the regulatory knowledge of Porzio attorneys to create the Porzio Compliance Digest (PCD) – the “Library of Congress” of life sciences regulation. Porzio Compliance Digest offers a database of regulatory guidance and analysis “built from the law,” giving customers the insights of Porzio without incurring law firm rates. No other information service—including Westlaw and Lexis—has anything comparable. Founded in 1962 as a small general practice firm, Porzio, Bromberg & Newman, P.C. is one of the most highly-regarded law firms in New Jersey. Porzio currently has over 90 attorneys in seven offices who specialize in being industry leaders. The firm's legal team includes twelve life sciences attorneys, with half of the team having held in-house legal and compliance positions at life sciences companies. FUTURE EXPLORATIONS Porzio's comprehensive risk management platform from Porzio Life Sciences has grown to include technology solutions and consulting services that operationalize compliance throughout every step of the compliance life cycle. At Porzio, Bromberg & Newman, attorneys leverage the technology solutions from Porzio Life Sciences to serve their clients through having access to real-time compliance updates, regulations, and information on drug pricing. In 2021, Porzio Life Sciences introduced Porzio GST 5.0, their solution for global transparency reporting. Porzio GST is
as owner of Porzio Life Sciences Porzio Compliance Digest (PCD)
Pomerantz LLP is the oldest and one of the most respected law firms in the world dedicated to championing investor rights. A global leader in securities class actions, Pomerantz monitors assets of over $5.6 trillion on behalf of institutional investors worldwide. From achieving record-breaking recoveries for defrauded investors, including $3 billion in litigation against Brazilian oil giant Petrobras, to securing decisions that have shaped the law to the benefit of shareholders, Pomerantz raises the bar.
Murielle Steven Walsh
Emma Gilmore
plaintiffs
PIONEER SPIRIT After graduating cum laude from the New York Law School, Murielle Steven Walsh originally planned on doing criminal prosecution work and interned with the Kings County District Attorney’s Office. “But while interning, I found that this type of work was not the right fit for me.” She later worked in the mergers and acquisition group of Sullivan & Cromwell. “So when I first interviewed with Pomerantz I hadn’t considered plaintiff-side securities work. But it all fell into place. I like that I am still able to prosecute wrongdoing, but in the white-collar context.” TRAILS BLAZED In EBC I v. Goldman Sachs, Walsh represented clients involving claims against a lead underwriter of an IPO. “We alleged that the underwriter had underpriced the offering, because it had conflicts of interest which made it lucrative for the underwriter to underprice.” She brought what was then a novel claim, questioning whether a lead underwriter has a fiduciary duty. “We convinced the courts all the way up to the New York Court of Appeals, which confirmed that they do. It has since helped shape the law for all market participants.” In the securities class action In re Livent Noteholders Securities Litigation, Walsh was one of the lead attorneys helping to obtain a $36 million judgment against the company’s executives in a ruling later upheld by the Second Circuit on appeal. She also led the firm’s litigation involving the popular Pokemon Go, an augmented reality game played on smartphones where players have to virtually capture Pokemon characters in real-world locations in order to advance in the game. Using GPS-enabled technology, the company placed virtual game items onto private properties without the owners’ permission, which resulted in trespass and nuisance by Pokemon Go players. Walsh obtained a highly favorable injunctive relief-style settlement for the homeowner class that required Niantic to modify its policies to better protect against trespass. As a passionate advocate for human rights, Walsh leads cases involving
PIONEER SPIRIT Emma Gilmore was born in Romania and moved to Arizona at the age of 17 shortly before the Romanian Revolution began in 1989. She learned English as a high school student and graduated summa cum laude from Arizona State University. Inspired by her grandfather, a judge in Romania, to attend law school, Gilmore graduated cum laude from Brooklyn Law School and served as a law clerk for former U.S. chief judge for the Eastern District of New York Thomas C. Platt. She started her career at a big firm as a defense attorney, working on the multi-billion dollar WorldCom litigation before deciding to change to the other side. “When it was recommended that I pursue plaintiffs’ work, it felt like the right side for me. And it has been a lot more rewarding.” TRAILS BLAZED Gilmore represented plaintiffs in a class-action case in the Southern District of New York against Brazil’s largest oil company, Petrobras, involving a multibillion-dollar kickback and bribery scheme. She helped secure a $3 billion settlement for the investors—the largest global securities fraud class-action settlement against a foreign issuer. “At the time, Petrobras was the fifth-largest oil company in the world. I traveled to Brazil to gather evidence and uncover more about the fraud, and I met with members of the Brazilian Federal Police and the press before returning to the U.S. to draft the complaint.” The case was one of the most extensive instances of corruption in the history of Brazil and involved former Petrobras executives, the former president of Brazil and members of the Brazilian legislature. “The case involved a lot of corrupt politicians, with 51% of the company owned by the Brazilian government and one-third of the Brazilian legislature involved in the corruption.” During the investigations, Gilmore deposed and defended expert witnesses, including the former CEO of Petrobras, the whistleblower and the chief accountant. “There was a cartel to inflate prices and then kickback money to lawmakers. Everyone was winning except the investors. It was difficult because in Brazil Petrobras was portrayed as the victim—an argument that was actually successful with Brazilian prosecutors and the Brazilian courts.” Despite these public perceptions, Gilmore was able to successfully argue fraud in the U.S.
Anaqua is a premium provider of integrated, end-to- end innovation and IP management solutions. Its solutions suite, AQX, merges best practice workflows with big data analytics and tech-enabled services to create one intelligent environment designed to inform IP strategy, enable IP decision-making, and streamline IP operations. For additional information, visit anaqua.com
THE BASICS AQX Law Firm is a SaaS-based intellectual property management solution that allows law firms to manage processes, data, documents, assets, services and staff. It provides law firms with increased operational control over their processes and offers actionable insight via reporting and visualization tools. CHANGE AGENT In addition to processing dockets and offering reports, AQX Law Firm helps reduce costs associated with operations by simplifying workflow. It also keeps IP safe for clients and offers actionable insight for IP teams. “It elevates the quality of proactive management and provides innovative ways for IP firms to manage and grow their businesses.” UNIQUE APPROACH AQX Law Firm is highly configurable and allows users to interact through optimized interfaces tailored to their workflows, and it also provides increased transparency into law firm practices and within teams. AQX Law Firm’s intake capabilities help drive efficiencies, and it increases prosecution efficiency with automated docketing, office action responses and IDS generation. Additionally, the AQX Law Firm platform includes web-based analytics. “The AQX platform takes care of a lot of the tasks that attorneys need to be concerned with so they can focus on strategy, legal advice and business development rather than the administrative tasks.” AQX Law Firm leverages Anaqua’s analytics to benchmark firm performance and prospect new clients. “The platform is aimed toward the law firm that is looking to increase growth in innovative ways and finding new and exciting methods to provide service. For example, Anaqua Connect will automate the process firms use to engage with corporate clients by reducing the double docketing and other overhead and risk associated with mundane administrative tasks.”
anaqua.com
West
Midwest
Northeast
Get to know the honorees by region and read their intriguing stories
South
Mark R. Grossmann
Lance A. Zinman
The American Lawyer is proud to present its second annual Midwest Trailblazers. The Trailblazer series is a special supplement developed by the business arm of The American Lawyer. We are proud to spotlight a handful of individuals from each practice area that are truly agents of change. Our goal was to recognize professionals in the Midwest who have moved the needle in the legal industry. For our purposes, we defined the Midwest as the following states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. We are proud to spotlight a handful of individuals that are truly agents of change.
midwest
Partner and Global Chair, Corporate Department
What was the genesis of the idea/path that has made you a trailblazer? Early in my legal career, I learned the unarguable value and importance of good, solid professional relationships. My mentors stressed this as an essential tool to building a successful legal career. You must develop reassuring relationships with clients, convincing them that you will leave no stone unturned in helping them reach their business goals. As a global practice leader, I have found that when your team is built around solid professional relationships, people have a deeper sense of responsibility. They are prepared to do more for the good of the team. What sort of change has resulted from the concept? As I grew as an attorney, much of my business came as a result of existing clients and others recommending me. These are people who know from experience that I know it is incumbent upon me to make their legal experience as positive as possible. I am not inclined to immediately say, “No. That won’t work,” simply because things have never been done that way. I want to fully explore all options. I believe this is one reason clients choose me as their legal advisor. It is not dissimilar to routinely returning to a restaurant where not only the food was great but the whole experience was. What bearing will this have on the future? I really love what I do. It is genuine, something you can teach only by example, if at all. In looking for good legal counsel, clients increasingly seek evidence that their attorneys are driven to provide only the most pragmatic, top-of-class counsel. This certainly is my repeated message to young attorneys. BIO: For more than 20 years, Mark Grossmann has guided clients through critical transactions, helping their businesses grow. His legal approach is based on market knowledge, sharp analysis and a keen sense of priorities. He believes lawyers must assemble the resources needed to cut through
complexities and address the diverse issues that arise in every transaction, but not only that. Mark also knows that he and the 100+ attorneys he leads in the US, UK and Shanghai must guide clients to establish well considered, clearly-defined, strategically chosen goals. Mark has extensive experience in industries including finance, technology, retail, parking, and health care, to name some. Keeping client goals in mind, he weighs competing points of view and sets strategies to meet immediate needs and long-term goals. Mark has a commerce-oriented approach to practicing law. His clients praise his ability to focus on what is most important for them to achieve their business objectives. At the same time, Mark keeps his large team cohesive even during the toughest times. At the outset of the global pandemic, as cities worldwide lowered their gates and businesses that could required employees to work from home, Mark was ready. After Katten moved to an all-remote work environment, he immediately kicked off his daily Corporate team Zoom virtual meetings, complete with encouraging quotes of the day and guest speakers from a range of industries. In this way, he helped his colleagues face down some of the enormous challenges of working amid a hard new reality. Collaboration is a hallmark of Mark’s leadership. His ability to build Katten teams tailored to effectively close big deals has helped lead his clients to major business success. Mark leads by example with community service. He is chairman of the board at Gardeneers, the Chicago-based group that trains students to build nearby gardens to improve their health; and a board member with Comer Education Campus, recognized as one of the nation’s top youth-serving organizations, focused on encouraging achievement among students in challenged communities of Chicago. Mark is a recipient of the Anti-Defamation League’s Torch of Liberty Award, recognizing his commitment to philanthropy..
Partner and Global Chair, Financial Markets and Funds Department
What was the genesis of the idea/ path that has made you a trailblazer? After starting my legal career at Katten, I was tapped to bring my transactional experience to establish our quant and prop trading group in the practice I now lead, Financial Markets and Funds. In short order, I began advising quantitative and proprietary trading firms that then were start-ups trying to gain a foothold in the financial services industry. This put me on the ground floor, at the forefront of these industries as a trusted legal advisor. I remain chief legal advisor for many companies deploying these investment strategies, some of which are among the largest, most successful such firms in the world. What sort of change has resulted from the concept? Katten is viewed globally as the go-to firm for one-stop legal services for companies deploying quantitative and algorithmic trading strategies. We advise on all of the ever-changing legal and business issues in this arena, providing pragmatic advice to numerous asset managers, the largest quant funds, most of the industry’s major proprietary trading firms, and other market participants. We were an early choice for legal guidance largely because we quickly established an interdisciplinary team focused on all aspects of development in these industries. Our experienced counsel is sought early and often, particularly during the global pandemic. What bearing will this have on the future? I believe we can expect continued proliferation of alternative investment strategies as these have been a driving force in global trading. The growth of artificial intelligence will likely generate even more sophisticated strategies. Katten’s innovation team continues to explore the use of AI and machine learning to identify more ways to add value for our clients and increase the efficiency of our work. BIO: “Top of the class – nobody is better or more knowledgeable to work with...,” is how Chambers USA described the financial services acumen of Katten Financial Markets and Funds Global
Chairman Lance Zinman. He and his multiple award-winning team of attorneys in the US and London are world-leading in providing pragmatic, commercial advice to scores of asset managers, the largest quant funds, most of the industry’s major proprietary trading firms, including pioneers of low-latency and algorithmic trading strategies. Lance understands the full panoply of factors impacting the success of these strategies, including competition for technology and talent, the importance of intellectual property protection and data security, and the effects of trading errors and system malfunctions. With deep understanding of corporate, regulatory and tax law and broad knowledge of the securities and derivatives markets, he is among the few attorneys who can advise on the entire life cycle of an asset manager or prop trading firm, from formation to operation to liquidity events, whether through M&A or private equity investment or otherwise. Having counselled the proprietary trading industry since its inception, Lance exhibits extraordinary skill, representing quantitative asset managers and proprietary trading firms that deploy volatility, algorithmic, low-latency and other quantitative trading strategies. He also counsels clients in other sectors of the financial markets, including hedge fund managers, private equity fund managers and other asset managers as well as domestic and foreign exchanges and brokerage firms, to name some. Lance advises clients seeking to establish a presence internationally or trade directly on foreign exchanges, including advising on the often-complex corporate structuring associated with such projects and other matters. Originally a corporate attorney, Lance later joined the firm's Financial Markets and Funds group, creating an integrated transactional, funds and regulatory practice. With Lance’s guidance, Katten was one of few law firms that early-on launched an interdisciplinary team dedicated to tracking all phases of development in the quant and prop trading industries.
Lance and his team are the reason Katten is known internationally as a one-stop shop for comprehensive legal services to financial markets participants seeking one place to assist with all aspects of their business.
Zev Gewurz
The American Lawyer is proud to present its second annual Northeast Trailblazers. The Trailblazer series is a special supplement developed by the business arm of The American Lawyer. Our goal was to recognize professionals in the Northeast who have moved the needle in the legal industry. For our purposes, we defined the Northeast as the following states: Maine, New York, New Jersey, Vermont, Massachusetts, Rhode Island, Connecticut, New Hampshire, and Pennsylvania. Congratulations to this year's honorees!
Director
What was the genesis of the idea/path that has made you a trailblazer? As a college student, I had a summer job inspecting condominium units with buyers before they moved in. I learned two life-changing lessons: the world runs best on trust, and it helps to be part of a great team. Over the past 25 years, I’ve worked with the best people, in the best places, to gain the skills and experience needed to advise a wide variety of clients on complex, sophisticated real estate transactions. What sort of change has resulted from the concept? We build client teams around trust and rich and diverse experience and skills to help clients navigate multibillion-dollar deals with many moving parts. We know where the opportunities and hazards are, and we shepherd clients through what are often first-of-their-kind projects. Recently, we negotiated a $700 million public-private partnership to build the first air-rights development over the Massachusetts Turnpike in Boston in 40 years. The project brought together a state authority, a European hotel brand, foreign capital, an anchor tenant, a construction lender, and plenty of architects and engineers. It took seven years to negotiate this extremely complicated project, but we were able to complete five independent deals and closings simultaneously – for the air rights, construction loan, anchor tenant lease, hotel development, and building of the deck – in the middle of the pandemic. We helped another client to secure over $1.5 billion in construction financing, so far, to develop one of the Boston area’s single largest development projects with 5.2 million square feet of commercial and multifamily space, infrastructure, and public amenities across 18 parcels and 43 acres. We have been working on this project since 2015 when we helped our client purchase this massive site. Creative strategies drive everything we do. Over several years, we have helped a Canadian client invest over $22 billion in U.S. real estate. Throughout our 18 year relationship, we have helped them navigate challenging corporate, tax, and other cross-border structuring issues. Currently, we are helping them become a leader in the build-to-rent (BTR), single-family housing (SFR) market, using innovative structures and financing transactions for this fast-emerging asset class.
What bearing will this have on the future? I really love what I do. It is genuine, something you can teach only by example, if at all. In looking for good legal counsel, clients increasingly seek evidence that their attorneys are driven to provide only the most pragmatic, top-of-class counsel. This certainly is my repeated message to young attorneys. BIO: For more than 20 years, Mark Grossmann has guided clients through critical transactions, helping their businesses grow. His legal approach is based on market knowledge, sharp analysis and a keen sense of priorities. He believes lawyers must assemble the resources needed to cut through
What was the genesis of the path that has made you a trailblazer? As a college student, I had a summer job inspecting condominium units with buyers before they moved in. I learned two life-changing lessons: the world runs best on trust, and it helps to be part of a great team. Over the past 25 years, I’ve worked with the best people, in the best places, to gain the skills and experience needed to advise a wide variety of clients on complex, sophisticated real estate transactions. What sort of change has resulted from the concept? We build client teams around trust and rich and diverse experience and skills to help clients navigate multibillion-dollar deals with many moving parts. We know where the opportunities and hazards are, and we shepherd clients through what are often first-of-their-kind projects. Recently, we negotiated a $700 million public-private partnership to build the first air-rights development over the Massachusetts Turnpike in Boston in 40 years. The project brought together a state authority, a European hotel brand, foreign capital, an anchor tenant, a construction lender, and plenty of architects and engineers. It took seven years to negotiate this extremely complicated project, but we were able to complete five independent deals and closings simultaneously – for the air rights, construction loan, anchor tenant lease, hotel development, and building of the deck – in the middle of the pandemic. We helped another client to secure over $1.5 billion in construction financing, so far, to develop one of the Boston area’s single largest development projects with 5.2 million square feet of commercial and multifamily space, infrastructure, and public amenities across 18 parcels and 43 acres. We have been working on this project since 2015 when we helped our client purchase this massive site. Creative strategies drive everything we do. Over several years, we have helped a Canadian client invest over $22 billion in U.S. real estate. Throughout our 18 year relationship, we have helped them
navigate challenging corporate, tax, and other cross-border structuring issues. Currently, we are helping them become a leader in the build-to-rent (BTR), single-family housing (SFR) market, using innovative structures and financing transactions for this fast-emerging asset class. What bearing will this have on the future? The COVID-19 pandemic has accelerated trends rooted in technology, demographics, and lifestyles. Whether a client is working on an air-rights deal, a mixed-use development, or a single-family rental portfolio, there is tremendous opportunity to develop innovative projects that will help build our future. How did you end up as a real estate lawyer? I grew up in Montreal, Canada and used to visit construction sites on the weekends with my dad who is a real estate developer. I came to the U.S. to attend law school at New York University School of Law after earning an M.Sc. in International Relations at the London School of Economics and Political Science. I knew I wanted to be a real estate lawyer before I started law school. Real estate attracts creative people, with great vision, who are open to taking significant risks. This works best when coupled with a trusted advisor who can help execute on these visions in a creative, collaborative, and prudent manner. In law school, I interviewed for a job with a Big Law real estate partner who bragged to me during the interview, “I crush people every day; when I finish, there is a winner and a loser.” This conversation made such a strong impression on me. From that day forward, I vowed I would never be that type of real estate lawyer. What do you enjoy most about your job? As the co-chair of Goulston & Storrs’ Real Estate Group and our International Investors Group, I juggle my own practice, representing real estate developers and US and foreign institutional and private equity investors, while working to support our group of over 100 attorneys, in several markets, who together represent major clients in diverse and complex real estate
matters. We are living in such a dynamic and exciting time. I love creating teams where everyone’s talents can be utilized to achieve the best results for our clients and our firm. I have been a real estate lawyer for nearly 25 years – 20 of those years at this firm – and not one day goes by that I don’t appreciate the impressive team we have, the levels of trust, and the collaborative and creative way we solve problems for our clients.
Check back on May 1 to see our list of honorees!
The American Lawyer is proud to present its second annual West Trailblazers. Our goal was to recognize professionals in the West who have moved the needle in the legal industry. For our purposes, we defined the Midwest as the following states: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming. Congratulations to this year's honorees!
west
What was the genesis of the idea/ path that has made you a trailblazer? After starting my legal career at Katten, I was tapped to bring my transactional experience to establish our quant and prop trading group in the practice I now lead, Financial Markets and Funds. In short order, I began advising quantitative and proprietary trading firms that then were start-ups trying to gain a foothold in the financial services industry. This put me on the ground floor, at the forefront of these industries as a trusted legal advisor. I remain chief legal advisor for many companies deploying these investment strategies, some of which are among the largest, most successful such firms in the world. What sort of change has resulted from the concept? Katten is viewed globally as the go-to firm for one-stop legal services for companies deploying quantitative and algorithmic trading strategies. We advise on all of the ever-changing legal and business issues in this arena, providing pragmatic advice to numerous asset managers, the largest quant funds, most of the industry’s major proprietary trading firms, and other market participants. We were an early choice for legal guidance largely because we quickly established an interdisciplinary team focused on all aspects of development in these industries. Our experienced counsel is sought early and often, particularly during the global pandemic. What bearing will this have on the future? I believe we can expect continued proliferation of alternative investment strategies as these have been a driving force in global trading. The growth of artificial intelligence will likely generate even more sophisticated strategies. Katten’s innovation team continues to explore the use of AI and machine learning to identify more ways to add value for our clients and increase the efficiency of our work. BIO: “Top of the class – nobody is better or more knowledgeable to work with...,” is how Chambers USA described
the financial services acumen of Katten Financial Markets and Funds Global Chairman Lance Zinman. He and his multiple award-winning team of attorneys in the US and London are world-leading in providing pragmatic, commercial advice to scores of asset managers, the largest quant funds, most of the industry’s major proprietary trading firms, including pioneers of low-latency and algorithmic trading strategies. Lance understands the full panoply of factors impacting the success of these strategies, including competition for technology and talent, the importance of intellectual property protection and data security, and the effects of trading errors and system malfunctions. With deep understanding of corporate, regulatory and tax law and broad knowledge of the securities and derivatives markets, he is among the few attorneys who can advise on the entire life cycle of an asset manager or prop trading firm, from formation to operation to liquidity events, whether through M&A or private equity investment or otherwise. Having counselled the proprietary trading industry since its inception, Lance exhibits extraordinary skill, representing quantitative asset managers and proprietary trading firms that deploy volatility, algorithmic, low-latency and other quantitative trading strategies. He also counsels clients in other sectors of the financial markets, including hedge fund managers, private equity fund managers and other asset managers as well as domestic and foreign exchanges and brokerage firms, to name some. Lance advises clients seeking to establish a presence internationally or trade directly on foreign exchanges, including advising on the often-complex corporate structuring associated with such projects and other matters. Originally a corporate attorney, Lance later joined the firm's Financial Markets and Funds group, creating an integrated transactional, funds and regulatory practice. With Lance’s guidance, Katten was one of few law firms that early-on launched an interdisciplinary team
dedicated to tracking all phases of development in the quant and prop trading industries. Lance and his team are the reason Katten is known internationally as a one-stop shop for comprehensive legal services to financial markets participants seeking one place to assist with all aspects of their business.
Check back on July 1 to see our list of honorees!
Kevin Sharp
The American Lawyer is proud to present its second annual South Trailblazers. The Trailblazer series is a special supplement developed by the business arm of The American Lawyer. Our goal was to recognize professionals in the South who have moved the needle in the legal industry. For our purposes, we defined the South as the following states: Alabama, Arkansas, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Congratulations to this year’s honorees!
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Nashville Managing Partner
What was the genesis of the idea/ path that has made you a trailblazer? As a federal judge I was concerned with mandatory minimum sentencing, but the turning point came when I was forced to sentence a 23-year-old man to life in prison on a non-violent drug offense. I knew the sentencing hearing would be tough and that justice would not be served. What I was unprepared for was the life-changing impact the Defendant’s allocution would have on me. Rather than remain on the bench I chose to step down and work toward criminal justice reform, and ultimately, clemency for this young man. What sort of change has resulted from the concept? In September 2018 I was invited to the White House to discuss clemency reform and to advocate for the passage of the First Step Act. Signed into law a few months later, the FSA shortened certain mandatory minimum sentences, reduced the discrepancy between crack and powder cocaine convictions, and required the use of recidivism abatement programs. I was able to speak directly to the President on these issues and advocate on behalf of the man I sentenced to Life. He was finally granted clemency and released from prison in January 2021. What bearing will this have on the future? Mass incarceration, which disproportionately impacts people of color, must become a relic of the past. To that end, the elimination of sentencing disparities between crack and powder cocaine are likely to end soon, and hopefully apply retroactively. “Second Look” laws, which would allow a sentencing court to review a prior sentence to determine if the length of incarceration is still warranted, will someday be the norm. But more globally, the mainstream is recognizing that our current system is unsustainable, and the ripple effect on families and communities creates a cycle of negative outcomes that are financially costly and erode our humanity.
Check back on October1 to see our list of honorees!
Katten is a full-service law firm with nearly 700 attorneys in locations across the US and in London and Shanghai, representing public and private organizations and individuals in numerous industries, government, and nonprofit organizations. Katten’s core areas of practice: commercial finance, corporate, financial markets and funds, insolvency and restructuring, intellectual property, litigation, real estate, structured finance and securitization, transactional tax planning, and trusts and estates.
At Goulston & Storrs, collaboration is not just a pillar of strategy; it is the key to competitive advantage and approach to clients, community, and each other. As you get to know the firm, you will find that Goulston & Storrs is a modern, vibrant firm where the practice of law is pursued with deep expertise and diligence. It is a place where serious business is conducted with genuine camaraderie. It is a place where mutual respect drives open discussion, fresh ideas, and optimal solutions for clients.
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Kessler Topaz Meltzer & Check, LLP is one of the world’s foremost advocates in protecting the public against corporate fraud and other wrongdoing. Our lawyers regularly take on the foremost defense attorneys—and win—in class actions, shareholder derivative suits, direct actions, antitrust litigation and other complex litigation in jurisdictions around the globe. We are proud to have recovered billions of dollars for our clients. Clients— including institutional investors, pension funds, sovereign wealth funds, consumers, employees, whistleblowers, and governments —choose Kessler Topaz for our fierce dedication, commitment to clients, successful track record and innovative approach to litigation.
sovereign wealth funds—choose Kessler Topaz for our fierce dedication, successful track record and innovative approach to litigation. We have been a proven leader in implementing high-impact corporate governance reforms to protect shareholder rights, improve value and prevent corporate mismanagement, as well as leading pioneers in areas including international shareholder litigation, fiduciary breaches and the development of our online portfolio tracking tools.
Christopher A. Seeger
One of the nation’s preeminent plaintiffs’ law firms, Seeger Weiss is best known for multidistrict mass torts and class actions in both state and federal court. From offices in New York, New Jersey, Pennsylvania, and Massachusetts, the firm has represented over 10,000 individuals, companies, and governments across the U.S. who have been injured or defrauded on a massive scale.
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Sanford Heisler Sharp is committed to giving a voice to disadvantaged groups and individuals, assisting whistleblowers relate and litigate their claims, representing plaintiffs seeking relief from employers’ retirement fund mismanagement and abuses, and advocating for employees and executives in a wide range of employment disputes, including severance negotiations, wrongful termination, retaliation, wage and hour violations, sexual harassment, and gender, sexual orientation, race, national origin, and disability discrimination.
For more than 20 years, Bailey Glasser has fought for our clients in high-impact cases across the country including in class action, antitrust, and complex litigation arenas. We are tenacious, strategic, creative -- and we're honored to be frequently invited by other firms to help tackle with their most challenging matters, including bet-the-company litigation. Our dedication to excellence and innovation includes our cutting-edge Electronically Stored Information (ESI) practice group, which pioneers global best practices in data discovery.
Fieldfisher is a dynamic European law firm headquartered in London, UK. We work with some of the world's most exciting companies, from social media giants to global banks. These high-profile clients come to us for our combination of unrivaled legal excellence in our sectors with a personalized, cost-efficient service.
WHAT DOES YOUR COMPANY/PRODUCT DO? CSC Entity ManagementSM offers a clear view of governance and compliance activities and provides valuable insight into the health and status of entities. It’s a single source of truth for data, documents, compliance events, organization charts, and reporting needs. Every time CSC conducts an entity filing on a company’s behalf, anywhere in the world, CSC Entity Management captures the associated data and documents to automatically update entity records. HOW IS YOUR COMPANY/PRODUCT CHANGING THE WAY LAW FIRMS/ LEGAL DEPARTMENTS OPERATE? CSC Entity Management serves as the indispensable compliance platform to our customers by providing a solution that integrates world-class service, compelling technology, and data our clients can use to take action. It enables corporate legal departments to achieve greater efficiencies across their organization and external partners. HOW IS YOUR COMPANY/PRODUCT DIFFERENT FROM OTHERS IN THE MARKET? There are three distinct ways our solution stands out from the rest—it’s intuitive; integrated; and configurable. It’s important to us that our platform is a self-service solution to provide clients with efficiencies, automation, and access to information at their fingertips. We’ve designed the platform to be simple to use, from beginners to power users. It’s also seamlessly integrated with all of CSC’s compliance offerings to help transform legal operations and let businesses perform at their best. Clients can create an unlimited number of custom fields, design column layouts, reports, charts, and reminders, as well the overall look and feel to meet their specific needs—all for one flat fee.
CSC Entity Management
ABOUT THE FIRM Polunsky Beitel Green (PBG) is the leading law firm in Texas in our area of practice—advising lenders on residential mortgage-related issues. We represent residential mortgage originators exclusively, preparing and reviewing mortgage closing documents for over 35,000 transactions each month. This is only possible with our proprietary technology and workflow platform. We also advise lenders on their mortgage regulatory issues, where we have unmatched experience and expertise. While many in the industry debate how the law firm of the future will look, we think we’ve already created it. Our technology platform is certainly critical to that, but the law firm of the future isn’t only about technology and automation. It’s about blending technology with the right lawyer and non-lawyer talent to produce unmatched accuracy, efficiency, and client service. We accomplish this with a professional staff of highly skilled document review specialists, who are backed by the best mortgage lawyers in the industry. Simply put, we ensure that repetitive tasks are automated, that standard, non-repetitive tasks are handled by our reviewers, and that our lawyers engage on the “outlier” issues that require specialized legal acumen and judgment. We see others in the market either trying to automate too much, resulting in a “one-size-fits-all” offering that produces inconsistent client results, or involving their most skilled talent in too many tasks that could be accomplished by other staff, resulting in inefficiencies in the service delivery model. While creating the law firm of the future is an ever-changing endeavor, we believe we have built a foundation that accounts for the industry’s continuing evolution. WHAT IS THE MOST INNOVATIVE THING AOUT YOUR FIRM? Without question, the development and implementation of our state-of-the-art eClosePlus platform. No other law firm has a proprietary product like it. Many residential lenders, including two of the largest builder-owned mortgage companies in the country are currently
using it. To a large degree, it has been helpful to them in addressing the challenges of the global pandemic. Our eClosePlus solution is an excellent example of the type of innovation that gives us a competitive advantage. DOES YOUR FIRM EMPLOY NON-LAWYER PROFESSIONALS IN HIGH-LEVEL POSITIONS? We believe the “law firm of the future” is about much more than technology. In fact, it is just as much about utilizing the right professionals across the organization to optimize workflow and client service. We have a CFO who provides input to our governing partners and develops firm business strategies, which are presented to the firm management. Our chief technology officer is responsible for the development and operation of all our IT systems and network environments. He is an acknowledged visionary in mortgage technologies. Although he is not an attorney, much of the success of our firm can be attributed to his innovation. Beyond these key people, we maintain a large team of non-lawyers who analyze closing documentation under attorney supervision. They exercise higher skills and are better compensated than a typical document reviewer. In a large sense, they are the backbone of the firm. We recruited many of our non-attorney document personnel from large banks and mortgage companies, including our firm director, who spent 25 years with Wells Fargo. Moving forward, what do you see as the biggest opportunities for the firm? We see significant opportunities to continue our exponential growth, both in Texas and throughout the country. Our firm is now recognized as the “go-to” firm in Texas for residential mortgage lending. We wish to build on that standing to expand our presence in other states, both as a niche residential lending law firm, and as a broader service provider. We have already initiated that push in earnest.
Porzio Bromberg & Newman, P.C., a full-service firm of 90 lawyers concentrated in the Northeast, has used technology-powered innovations to make itself a leading advisor to the pharmaceutical industry. In 2003, the firm created Porzio Life Sciences, LLC, a wholly owned subsidiary that developed regulatory compliance software for pharmaceutical manufacturers. Today, Porzio Life Sciences licenses its software to more than 600 pharmaceutical companies around the globe.
compliance professionals. Backed by Porzio Compliance Digest—the market’s only comprehensive legal database—our transparency product is “built from the law.” It helps users generate reports in compliance with US and global transparency regulations, laws and codes. And, Porzio GST does more – it helps companies monitor and audit engagements and transfers of value to ensure compliance with HCP interactions through the comprehensive aggregation technology, dashboards, and analytics. As life sciences companies continue to navigate the legal landscape resulting from increasing compliance requirements, the synergies between Porzio, Bromberg & Newman, and Porzio Life Sciences are becoming increasingly compelling in the industry. When our clients face legal challenges, our attorneys leverage PLS technology and databases to provide fast, up to date information on the latest regulatory guidelines without having to incur dozens of hours of client billable research. Our team counsels clients on anti-kickback considerations and compliance with industry standards, the development of compliance manuals, policies, and standard operating procedures, risk assessments of companies’ compliance policies, sales force training, promotional reviews, and distribution and licensing of life sciences products. At Porzio, we understand the job of lawyers and compliance professionals because we are lawyers compliance professionals. We know what product features matter most to our customers because our team members have walked in their shoes, working in compliance roles at life sciences companies. We know how to help clients manage legal risk, because we live and breathe compliance regulations. That experience informs everything we do, and ensures that we are giving our customers the help they need.
BLAZING TRAILS The law firm of Porzio Bromberg & Newman created its wholly-owned subsidiary company, Porzio Life Sciences, well before the term “New Law” came to describe the innovative ways law firms are delivering legal services. And yet, it is an archetype of the trend. Porzio Life Sciences was founded when Porzio attorneys recognized the rapid growth of regulations governing the sales and marketing of drugs. To help pharmaceutical companies cope, Porzio Life Sciences used the regulatory knowledge of Porzio attorneys to create the Porzio Compliance Digest (PCD) – the “Library of Congress” of life sciences regulation. Porzio Compliance Digest offers a database of regulatory guidance and analysis “built from the law,” giving customers the insights of Porzio without incurring law firm rates. No other information service—including Westlaw and Lexis—has anything comparable. Founded in 1962 as a small general practice firm, Porzio, Bromberg & Newman, P.C. is one of the most highly-regarded law firms in New Jersey. Porzio currently has over 90 attorneys in seven offices who specialize in being industry leaders. The firm's legal team includes twelve life sciences attorneys, with half of the team having held in-house legal and compliance positions at life sciences companies. FUTURE EXPLORATIONS Porzio's comprehensive risk management platform from Porzio Life Sciences has grown to include technology solutions and consulting services that operationalize compliance throughout every step of the compliance life cycle. At Porzio, Bromberg & Newman, attorneys leverage the technology solutions from Porzio Life Sciences to serve their clients through having access to real-time compliance updates, regulations, and information on drug pricing. In 2021, Porzio Life Sciences introduced Porzio GST 5.0, their solution for global transparency reporting. Porzio GST is the only transparency system built by compliance professionals for
Berger Singerman is an award-winning, Florida business law firm with a talented team of more than 90 forward-thinking attorneys who are passionate, creative problem solvers that leverage a collaborative approach to give clients a competitive edge. With offices in Miami, Fort Lauderdale, Tallahassee, and West Palm Beach, Berger Singerman serves a diverse client base with a Florida focus and international scope. The firm practices throughout the U.S. and frequently handles matters in Europe, Asia and South America.
Family | Elder Law
WHAT WAS THE GENESIS OF THE IDEA/PATH THAT HAS MADE YOU A TRAILBLAZER? I became a family law attorney because I wanted to use my legal expertise to help people who are contemplating life changing decisions or going through some of the most challenging and consequential times of their lives. WHAT SORT OF CHANGES HAS RESULTED FROM THE CONCEPT? As a Partner of Berger Singerman law firm, I am routinely making a positive difference in the lives of clients by providing them the knowledge and guidance they need to create a family or gain control of the difficult situations they face. It is extremely gratifying to be a part of the evolution of a family and of someone in a state of vulnerability, to a position of strength and preparedness for the next chapter in their lives. WHAT BEARING WILL THIS HAVE ON THE FUTURE? At the root of my work with Berger Singerman is the desire to help those in need. It is my hope that I will continue to make a positive impact in the lives of my clients and their families.
Among the first national law firms to establish a dedicated Cannabis Practice Group, Greenspoon Marder is at the forefront of this exciting and rapidly growing industry. We offer flexible and creative solutions to help achieve our clients’ individual goals, and drive success for the cannabis industry as a whole. Our team helps cultivators, retailers, product manufacturers, distributors, and testing facilities, as well as ancillary industry businesses and investors. Backed by the capabilities of a full-service firm, our Cannabis Practice includes over 25 attorneys focused on the cannabis, medical marijuana and hemp sectors who advise clients from early formation through an exit. For more information, visit www.gmlawcannabis.com.
WHAT WAS THE GENESIS OF THE IDEA/PATH THAT HAS MADE YOU A TRAILBLAZER? Since the beginning of my career, I have always been clear that I wanted to help individuals and make a difference in their lives. This mission is at the core of my family law practice, including regularly volunteering as pro bono counsel for those less fortunate who are otherwise unable to retain private counsel. Over the past 24 years, I have been involved in numerous complex and high conflict matrimonial and family law matters. Last year, I was honored to have filed on behalf of my clients, a same-sex couple, the first petition for an order of parentage for their expecting child under New York’s newly passed Child Parent Security Act. WHAT SORT OF CHANGES HAS RESULTED FROM THE CONCEPT? Prior to the new law, same-sex couples were required to go through unnecessary roadblocks and the extensive process of second-parent adoption, which included home studies with the child. With the new law in place, I successfully completed the order of parentage on behalf of my clients before the birth of the couple’s child, through a shortened, streamlined process. By the time their son was born, virtually all of the work had been completed, and my clients were able to focus on the joy of being new parents. WHAT BEARING WILL THIS HAVE ON THE FUTURE? As matrimonial practitioners, we are often in hotly contested proceedings. Being involved in one of the first petitions for pre-birth parentage order was one of the highlights of my career. Everybody involved, including the judge, left the room smiling. The passage of the Child Parent Security Act brings New York law up to speed with developments to help families streamline the process in medical and reproductive technology. The new law also protects not only the child and intended parents, but also creates a “surrogate’s bill of rights,” creating a new era for legalized gestational surrogacy in New York.
