Barry Temkin

August 10, 2021 | New York Law Journal

This article provides an in-depth discussion of New York's Prompt Pay Act, enacted in 2002 to promote business in New York by attempting to avoid undue delays of payment to contractors and subcontractors.

By Barry Temkin and Ken Eccleston

9 minute read

July 20, 2020 | New York Law Journal

The SEC and U.S. Justice Department are investigating suspicious stock trades made by U.S. Senator Richard Burr in February 2020, which might have been based in part upon confidential information about the Coronavirus pandemic disclosed at closed-door congressional hearings, which if true, might violate the Stop Trading on Congressional Knowledge, or STOCK Act. The investigations may turn on whether Senator Burr's trades were based upon confidential government information, or publicly available news reports.

By Barry Temkin and Mitchell S. Markarian

8 minute read

February 02, 2018 | New York Law Journal

While abundant publicity has accompanied spectacular data breaches at Equifax and Yahoo, less attention has been paid to cybersecurity at law firms. This, however, is changing, as cybersecurity events, including hacking, are on the rise at law firms.

By Barry Temkin and Atea Martin

9 minute read

August 05, 2015 | New York Law Journal

Barry Temkin and Kate DiGeronimo write: In a 2014 decision, the U.S. Supreme Court held that fiduciaries of plans that hold publicly traded company stock are subject to the same duty of prudence that applies to fiduciaries in general under ERISA. In doing so, the Supreme Court effectively rejected decades of law applied by nearly all the circuit courts of appeals affording fiduciaries of company stock plans a special "presumption of prudence" not available to the fiduciaries of other varieties of ERISA plans.

By Barry Temkin and Kate DiGeronimo

10 minute read

August 04, 2015 | New York Law Journal

Barry Temkin and Kate DiGeronimo write: In a 2014 decision, the U.S. Supreme Court held that fiduciaries of plans that hold publicly traded company stock are subject to the same duty of prudence that applies to fiduciaries in general under ERISA. In doing so, the Supreme Court effectively rejected decades of law applied by nearly all the circuit courts of appeals affording fiduciaries of company stock plans a special "presumption of prudence" not available to the fiduciaries of other varieties of ERISA plans.

By Barry Temkin and Kate DiGeronimo

10 minute read

November 06, 2013 | New York Law Journal

Barry Temkin, a partner at Mound Cotton Wollan & Greengrass, writes: A hypothetical New York lawyer learns, in the course of her representation of a client, of confidential information about a client's material violation of federal securities laws. The violation does not amount to a crime, and the lawyer's services were not implicated in the underlying violation. May that lawyer ethically report the corporate wrongdoing to the SEC and collect a multi-million dollar whistleblower award?

By Barry Temkin

11 minute read