Seth Orkand and Sabrina Galli Co-Author Boston Bar Journal Article on Fluctuating Title IX Guidance

Government Enforcement and White-Collar Defense Team co-chair Seth B. Orkand and Business Litigation Group member Sabrina M. Galli co-authored the article, “Recent Litigation Provides Guidance as Schools Await New Title IX Regulations,” published in the July 27, 2023 Summer issue of the Boston Bar Journal. While revisions to Title IX regulations are expected from the Biden administration this October, Title IX cases have continued in federal court. Approximately fourteen Title IX cases have been filed in the District of Massachusetts since this publication’s last update in 2020 and the First Circuit has decided approximately seven of them. The attorneys explain that while Title IX guidance and regulations continue to fluctuate, there are two theories a plaintiff may assert: selective enforcement and erroneous outcome. Regardless of which theory a plaintiff pursues, both require showing and proving a gender bias. While numerous cases have been dismissed on the basis of Title IX claims, a number have proceeded on claims of breach of contract, highlighted in the attorneys’ discussion of Doe v. Stonehill College and Doe v. Williams College. The attorneys conclude that while schools await October revisions to Title IX regulations, courts “can be expected to require schools to follow their procedures, provide respondents the opportunity to appropriately review or respond to evidence, and avoid undue influence by staff who are not decision makers in the Title IX processes.” Read the article.

Ben Daniels, Arila Zhou and Sabrina Galli Discuss the Limiting of SPAC Defenses in New York Law Journal

Capital Markets + Securities member Arila Zhou and Benjamin M. Daniels and Sabrina M. Galli of the Business Litigation Group co-authored the article “Delaware Courts Rejecting SPAC Defenses,” published in New York Law Journal, May 15, 2023. As litigation involving special purpose acquisition companies (SPACs) continues to gain momentum in Delaware, the authors analyze the recent decision in Delman v. Gig Acquisitions3 that could foretell a limiting of available defenses in future cases. In short, the Delaware Court of Chancery rejected each of the defendants’ arguments, which included derivative claims, holder claims, contract claims, ratification/’Corwin’ cleansing, and exculpation. To avoid future litigation claims, the authors suggest that SPACS should consider giving conservative forecasts of company performance in the proxy materials, and using lead negotiators who are disinterested and who do not stand to realize significant gains from the transaction, among their preventative measures. Read the article.

Arila Zhou, Ben Daniels and Sabrina Galli Say Buzzfeed Case Portends Trends in SPAC Litigation in The Review of Securities & Commodities Regulation

Capital Markets + Securities Team lawyer Arila Zhou and Benjamin M. Daniels and Sabrina M. Galli of the Business Litigation Group published their thoughtful analysis, “Buzzfeed Case Highlights New Trends in SPAC Litigation,” in The Review of Securities and Commodities Regulation, on December 14, 2022. The article examines the recent Delaware Chancery Court’s decision in the Buzzfeed litigation about the company’s SPAC transaction. The lawsuit highlights a number of emerging trends likely to impact SPAC transactions in the coming years including the difficulty of handling employee-shareholder disputes, the importance of clear arbitration agreements, and courts’ inclination to honor the traditional separation of liabilities between subsidiary and parent corporations. Read the full article.

Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

A total of 39 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2022. In addition, 30 attorneys at the firm were recognized as “Rising Stars.”

Jeffrey J. White was named to the Top 50: 2022 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2022 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2022 Women Pennsylvania Super Lawyers list. Read more in the press release.