The IADC Speaks podcast released an interview with Walsh partner Peter J. Pizzi CIPP/US, exploring his article in the Defense Counsel Journal: Will Social Media Platforms Continue to Avoid Litigation Faced by Offline Counterparts? The podcast is available here.
Judge Mark Falk joins Walsh, bringing with him more than four decades of legal experience, looking to continue working in mediation and arbitration.
Walsh Pizzi O’Reilly Falanga LLP has been recognized as one of the Top 10 most active Hatch-Waxman local counsels by Patexia Inc. in its second annual ANDA Litigation Intelligence Report (“Report”). Patexia’s Report evaluates the activity and performance of 243 law firms and 1,471 attorneys in more than 1,000 Hatch-Waxman/ANDA cases filed over the past four years, with over 90 percent of the cases being filed in New Jersey and Delaware. Walsh is proud to have represented the interests of its pharmaceutical clients as New Jersey counsel in each ANDA case we were involved in during the four years covered by the Report. For Walsh, local counsel work is never treated as merely ministerial; rather, our clients know and trust that Walsh will be an active, engaged partner in all aspects of litigation, providing real and lasting value.
Walsh is honored to be recognized by Patexia for its experience in Hatch-Waxman litigation. Founded in 2010, Patexia is an intellectual property information service and a global network of thousands of intellectual property professionals. The information contained in Patexia’s report is derived from public source data and information reported by counsel to Patexia.
Read more here.
NEWARK, NJ, October 1, 2021 – Walsh Pizzi O’Reilly Falanga LLP is pleased to announce the Honorable Mark Falk has joined the firm as Counsel, bringing a wealth of legal and judicial experience gained over his distinguished four-decade legal career. Judge Falk will lead the firm’s Mediation, Arbitration and Special Master Appointments practice.
“We are honored to welcome Judge Falk, a respected jurist with a reputation for fair-mindedness,” said Liza M. Walsh, co-founder and managing partner. “Our clients will be well served by his deep knowledge of the law, experience as a mediator, and pragmatic approach. In addition to assisting clients with complex litigation matters, he will act as a mediator or arbitrator, helping parties reach a mutually agreeable resolution to their conflicts.”
Judge Falk served the District of New Jersey with distinction before retiring, having been appointed that Court’s first Chief Magistrate Judge. Before taking the bench, he was a partner with several top law firms over 25 years in private practice, specializing in complex litigation and serving as lead trial counsel in numerous high-profile cases in the state and federal courts. Judge Falk brings deep experience in resolving complex, challenging disputes, as he conducted thousands of settlement conferences and mediations while on the bench. Judge Falk has also held several judicial leadership positions, including as President of the Federal Magistrate Judges Association, a reflection of his national reputation for fairness and pragmatism.
“I decided to join Walsh because of the firm’s dedication to high quality legal work in its sophisticated practice but mostly because of my respect and admiration for the firm’s attorneys,” said Judge Falk. “I look forward to collaborating with my new colleagues, many of whom I have worked with in the past. I have had many opportunities to observe their practice in court; they are excellent lawyers dedicated to resolving client matters effectively and efficiently.”
Judge Falk is currently an Adjunct Professor of Law at Fordham Law School and at Rutgers Law School. He has lectured on various legal topics at numerous other law schools and continuing legal education seminars, including the New Jersey ICLE, the Federal Judicial Conference for continuing judicial education, and the New York Intellectual Property Association. He is a Fellow of the American Bar Foundation and a member of numerous Bar Associations. Judge Falk is a former Trustee of the Legal Services Foundation. He has also served in numerous roles on the New Jersey District Ethics Committee. In addition to his role in the Federal Magistrate Judges Association, Judge Falk served two terms on the Advisory Committee on the Administration of the Magistrate Judge System in Washington.
He holds a law degree cum laude from New York Law School, where he was a published member of the Law Review, and a bachelor’s degree from Antioch College. He was a law clerk to the Honorable John C. Demos, Assignment Judge, NJ Superior Court.
About Walsh Pizzi O’Reilly Falanga LLP
With decades of experience in litigation, compliance and transactional matters, Walsh is comprised of 26 dedicated, forward-thinking professionals. The practice spans a wide range of areas including business and commercial litigation, intellectual property and trade secret protection, class action defense, financial services and risk management with a focus on insolvency & creditors’ rights, labor and employment, internal investigations, cyber security and data protection, alternative dispute resolution and transactional work. The firm has offices in Newark, New York City and Philadelphia. More information can be found at Walsh.Law.
Media Contact: Lisa Rubano-Volansky, lrubano@50words.com, (724) 979-4293
The District of New Jersey recently issued multiple decisions concluding that an insurance policy’s virus exclusions barred a policyholders’ coverage of losses arising from the COVID-19 pandemic, handing multiple victories to Walsh client, Travelers’ subsidiary Charter Oak Fire Insurance Co.
On Wednesday, U.S. District Judge Michael A. Shipp cited the exclusion in dismissing a steel businesses’ suit against Travelers’ Charter Oak, two days after U.S. District Judge Esther Salas granted Charter Oak’s motion to dismiss a proposed class action from J.G. Optical Inc. with respect to the financial blow it suffered by ceasing operations as a result of government restrictions aimed at curbing the spread of COVID-19 in the Garden State.
The rulings add to Travelers’ winning record in New Jersey federal cases where judges have declared that virus exclusions precluded coverage for pandemic-related losses, including Carpe Diem Spa, Inc. v. Travelers, No. 20-cv-14860-AET-TJB and Chester C. Chianese DDS, LLC v. Travelers, et al., No. 20-cv-05702-MAS-ZNQ.
Walsh attorneys Liza M. Walsh and William T. Walsh, Jr., and co-counsel Stephen Goldman, Wystan Ackerman and Denis O’Malley of Robinson & Cole, represented Travelers and Charter Oak.
More details on this case may be found on Law 360:
On Wednesday, October 27, 2021, a panel including by Walsh partner, Peter J. Pizzi, Prudential Financial Vice President, Corporate Counsel, Florence Yee, and Patrick Oot will present in a complimentary Webinar at 1:00 PM EDT on “SCOTUS Resolves the Computer Fraud and Abuse Act Circuit Split — What is Left for Employers?”. The webinar will shed light on key aspects of the U.S. Supreme Court’s June 2021 Van Buren decision and provide guidance for members counseling management about the defense of company proprietary information.
More information is available here.
NEWARK, NJ – As a follow-up to a July 22 meeting of the Privacy Data Security and Information Technology Litigation Committee of the NYSBA Commercial & Federal Litigation Section addressing Van Buren v. United States,” Walsh partner Peter J. Pizzi, CIPP/US, has now published an in-depth article on Mondaq, exploring the decision and what it means for employers anxious to protect proprietary business information using the Computer Fraud and Abuse Act (CFAA).
Since Van Buren is the first case to reach the Supreme Court involving an interpretation of Section 1030 of the CFAA, the Court’s 6-3 June decision will have far-reaching influence. In his article, Pizzi discusses several takeaways from the decision that will influence workplace litigation, privacy concerns and litigation approaches, as well as topics that were left unclear.
The article can be read in its entirety here.
NEWARK, NJ – Walsh Partner Peter J. Pizzi, CIPP/US has published an in-depth article in IADC’s Defense Counsel Journal Volume 88, No. 3 explaining the elements of the statutory immunity granted by Section 230 of the Communications Decency Act of 1996 and summarizing complaints against the current scope of Section 230 as interpreted by the courts. Pizzi also explores whether the problems observed with social media have resulted from Section 230 itself, from the engagement-focused technologies delivered by Silicon Valley, or from a combination of these and other factors.
Section 230 of the Communications Decency Act of 1996 protects online service providers like social media companies from being held liable for transmitting or taking down user-generated content (UGC). Since inception, the law has fostered complex and multi-layered legal considerations.
Entitled Social Media Immunity in 2021 and Beyond: Will Platforms Continue to Avoid Litigation Exposures Faced by Offline Counterparts? the article can be read in its entirety here.
The Defense Counsel Journal is a respected forum for the publication of topical and scholarly writings on the law, its development and reform, and on the practice of law, considering current legal trends at a scholarly level.
Earlier in June, the United States Supreme Court significantly narrowed the scope of the Computer Fraud and Abuse Act (“CFAA”) (18 U.S.C. § 1030(a)(2)) in Van Buren v. United States holding that a law enforcement officer, when overstepping his “authorized access” to government records, did not violate the CFAA. Specifically, the decision states: “…an individual ‘exceeds authorized access’ when he accesses a computer with authorization but then obtains information located in particular areas of the computer—such as files, folders, or databases—that are off limits to him. The parties agree that Van Buren accessed the law enforcement database system with authorization.”
On July 22, 2021 Peter J. Pizzi and Joseph Facciponte, co-chairs of the Privacy Data Security and Information Technology Litigation Committee of the NYSBA Commercial & Federal Litigation Section, will hold a first meeting of the rebranded committee and will provide insights on what’s left for employers after Van Buren anxious to protect proprietary business information using the CFAA and other federal enactments.
For more information on this decision and how to join the NYSBA’S committee meeting, please contact Peter J. Pizzi at ppizzi@walsh.law or (973)757-1011.
NYSBA’s Advocating for the Rule of Law Program Focuses on Social Media, Fair Elections and Civics Education.
On June 3, 2021, the New York State Bar Association’s Commercial and Federal Litigation Section sponsored a three-part program titled Advocating for the Rule of Law. Peter J Pizzi, co-chair of the Section’s Privacy Data Security and Information Technology Committee, served on the steering committee for the program, assembled the lead-off panel on The Press, Social Media and the Rule of Law, and introduced the topic and panel comprising Dana Green, Senior Counsel at The New York Times, Jameel Jaffer, Executive Director of the Knight First Amendment Institute at Columbia University, Kate Klonick is an Assistant Professor at St John’s Law School and Olivier Sylvain Professor of Law at Fordham Law School where he is and Director of the McGannon Center for Communications Research.
A main topic for the first panel was the immunity from liability granted to social media under current U.S. law, Section 230 of the Communications Decency Act. Pizzi has spoken in prior panels on this area of law, and has a forthcoming law review article in the IADC Defense Counsel Journal, which will be published in July.
Jeh Johnson served as keynote speaker for the June 3 program. Other panels addressed Free and Fair Elections, Gerrymandering and the Rule of Law and Educating for the Rule of Law with luminaries in each field participating. A recording of the program will be available at the NYSBA website shortly.
For more information about Section 230 and present legislative proposals to change the statute, please contact Peter J. Pizzi at ppizzi@walsh.law or (973)757-1011.