Sharon M Porcellio

April 22, 2011 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, examines a potential nationwide class action over unpaid overtime and other FLSA violations, a jurisdictional win for Facebook's Mark Zuckerberg in a suit where a businessman claims ownership of half of the social networking site, and a question of procedure in a federal drug trafficking prosecution.

By Sharon M. Porcellio

13 minute read

April 16, 2010 | New York Law Journal

Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, reviews recent decisions of interest, including a ruling in a case of first impression in the Second Circuit under the Fair Labor Standards Act, and a costly recommendation resulting from spoliation of electronic evidence and the late production of responsive documents.

By Sharon M. Porcellio

12 minute read

October 25, 2007 | New York Law Journal

Sharon M. Porcellio, a partner at Lippes Mathias Wexler Friedman, writes that the U.S. District Court for the Western District of New York has had two major developments this fall that do not involve written decisions.

By Sharon M. Porcellio

10 minute read

October 15, 2009 | New York Law Journal

Sharon M. Porcellio, a partner at Ward Norris Heller & Reidy, reviews recent cases of interest, including the government's attempt to obtain a preliminary injunction pursuant to the Clean Water Act when a property owner claimed a farming exemption from permitting requirements and a question over the allocation of the burden of proving a defendant's competency or incompetency to stand trial.

By Sharon M. Porcellio

11 minute read

September 15, 2004 | New York Law Journal

Sharon M. Porcellio, a partner at Lippes, Silverstein, Mathias & Wexler, writes that the Western District continues to address a significant number of employment-based actions. The decisions examine not only the legal thresholds for maintaining viable discrimination claims but are also instructive on avoiding some of the pitfalls in this and other practice areas.

By Sharon M. Porcellio

10 minute read

July 16, 2010 | New York Law Journal

In her Western District Roundup column, Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, writes that the court recently found itself at the center of a constitutional challenge to the Prevent All Cigarette Trafficking Act of 2009 by members of the Seneca Nation.

By Sharon M. Porcellio

11 minute read

December 26, 2006 | New York Law Journal

Sharon M. Porcellio, a partner at Lippes Mathias Wexler Friedman, reports on issues that include a discussion of a little-used provision that could result in treble damages against attorneys, Judiciary Law �487.

By Sharon M. Porcellio

12 minute read

December 11, 2008 | New York Law Journal

Sharon M. Porcellio, a partner at Ward Norris Heller & Reidy, discusses a recent decision where, despite finding that the qui tam plaintiff met the strict pleading requirements under Rule 9(b) of the Federal Rules of Civil Procedure, the court also analyzed her claims under a relaxed standard to the Rule 9(b) fraud pleading requirements under the False Claims Act.

By Sharon M. Porcellio

10 minute read

December 14, 2004 | New York Law Journal

Sharon M. Porcellio, a partner at Lippes Mathias Wexler Friedman, writes that recent decisions provide direction on drafting settlement agreements when indemnification issues between insurers are not yet resolved, address a novel Freedom of Information Law issue and offer cautionary guidance to employers.

By Sharon M. Porcellio

10 minute read

September 08, 2005 | New York Law Journal

Sharon M. Porcellio, a partner at Lippes Mathias Wexler Friedman, reviews recent decisions of the Western District, including the determination of attorney's fees awards in an ERISA case with an unusual history and a small class-action settlement in another employment-related case.

By Sharon M. Porcellio

11 minute read