Derek Borchardt

November 19, 2020 | New York Law Journal

At just two pages long, the bill might not seem like much at first glance. In actuality, it changes New York's anti-SLAPP law from one of the country's narrowest to perhaps the strongest.

By Adam P. Cohen and Derek Borchardt

9 minute read

November 02, 2020 | New York Law Journal

The trend: fraud by employers in the Paycheck Protection Program (PPP), created by Congress earlier this year to help employers meet payroll during the COVID-19 pandemic. The advice for employment lawyers: Time to add the False Claims Act to your arsenal of tools used to represent your employee clients.

By Milton L. Williams and Derek Borchardt

6 minute read

October 13, 2020 | New York Law Journal

Certainly, judges who hold conservative values have long sat on federal courts. However, the judges appointed in recent years differ materially in temperament and understanding of their roles than most of their predecessors.

By Derek Borchardt

7 minute read

July 02, 2020 | New York Law Journal

Briefs have been filed. You and your adversary have joined issue on the questions for judicial decision; but then the court introduces its own new legal issues into the case and, further, invites third parties who haven't participated in the case to submit amicus briefs. You're now watching the dispute evolve outside your control. Can judges do that?

By Timothy Macht and Derek Borchardt

10 minute read

April 10, 2020 | New York Law Journal

Some of the employees who will be terminated will still have pending complaints with the EEOC, the SEC, and other authorities at the time of the layoffs—and some of them will suspect that they were terminated not merely for economic reasons, but also for retaliatory ones.

By Milton L. Williams and Derek Borchardt

7 minute read

February 21, 2020 | New York Law Journal

Since the #MeToo movement, there have been several incidents of public outrage directed toward lawyers who "switched sides"—specifically, attorneys for accusers who switched to represent the accused. In the employment law context, this article provides a refresher on the relevant ethics rules attorneys who represent both employees and employers should keep in mind.

By Milton Williams and Derek Borchardt

7 minute read

August 20, 2019 | New York Law Journal

As it now stands, New York’s anti-SLAPP law is one of the narrowest in the country, and some legislators want to change that.

By Derek Borchardt and Adam P. Cohen

11 minute read