Phoenix Partner Julie E. Maurer, Chair of the National Cargo & Logistics Practice and co-Chair of the Transportation Practice, along with Partner Andrew Kleiner, recently achieved a favorable outcome on behalf of an interstate moving company through a motion for reconsideration of the partial denial of a motion to dismiss in the U.S. District Court for the Northern District of Ohio.

As summer 2023 came to a close, New York continued to find creative ways to keep employers on their toes. Governor Kathy Hochul signed several new employment bills, some of which have already taken effect.

On September 27, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) added 28 new entities to its Entity List through amendments to the Export Administration Regulations (EAR). Among these listed entities is Russian corporation VSMPO-AVISMA, the world’s largest titanium producer.

Public companies and private securities practitioners take note: The Supreme Court has agreed to rule on a circuit split regarding whether the failure to disclose information required in a company’s Management Discussion and Analysis (MD&A) disclosure in its public filings (including its annual and quarterly filings, Forms 10K and 10Q) can be actionable in a private securities fraud action brought under Section 10(b) of the Securities Exchange Act of 1934.

On September 19, 2023, the U.S. Securities and Exchange Commission (“SEC”) announced charges against Concord Management LLC (“Concord”), a Delaware limited liability company based in New York, and its principal Michael Matlin (“Matlin”) for operating as unregistered investment advisers to a single client described in the SEC’s complaint as a “wealthy former Russian political official living outside the United States.” Although not specifically named by the SEC, according to recent media reports Concord’s client is alleged to be Roman Abramovich (the “Client”), a Russian oligarch with ties to Vladimir Putin and the Russian Federation.

In a huge win for freight brokers, a panel of the Appellate Court of Illinois on Thursday reversed a jury verdict, including an $18,150,750 award, against a broker. The panel reached its conclusion after finding that all the evidence presented at trial, viewed in the light most favorable to the plaintiff, overwhelmingly favored the conclusion that a driver and motor carrier were not agents of the freight broker.