In its 2021 rankings, Chambers USA has identified Rakower Law partner Michael C. Rakower as one of New York’s top commercial litigators. According to Chambers, “[I]ndividuals ranked in the New York General Commercial Litigation tables have secured their positions through consistently demonstrating their prowess in complex business disputes.” Interviewees remarked that Michael was “[e]xtremely intelligent and professional,” and "an outstanding advocate and great writer. You'd want him in the courtroom with you." Recognizing that Michael focuses on “individual representation in diverse commercial disputes,” Chambers noted that Michael is a “particularly strong choice for the litigation of executive compensation claims.” Michael is one of only 90 attorneys ranked in this year’s guide. CLICK HERE to see Michael’s Chambers USA profile.
Partners Michael Rakower and Melissa Yang published “Incentive Compensation: When a Promise Becomes a Myth” in the May 6, 2021 edition of the New York Law Journal. The article explores enforceability risks arising from incentive compensation agreements that vest employers with overly broad discretionary rights.
Once again, Rakower Law partners Michael Rakower and Melissa Yang have been honored by Thomson Reuters’ Super Lawyers. Super Lawyers placed Michael for the sixth straight year on its Top 100 list of attorneys in the New York Metropolitan Area, and recognized Melissa as a Rising Star for the seventh straight year.
Rakower Law continues to forge into uncharted territories, this time by establishing a leadership position in remote proceedings during the COVID-19 pandemic. Undaunted by the challenges presented during this pandemic in a case where parties and witnesses span the country, Rakower Law has made use of state-of-the-art technology to participate in 7 depositions over the last several weeks, all taken virtually, and is preparing for a week-long remote arbitration set to commence in mid-August.
Melissa Yang Featured as a Panelist in “Tactical Decisions that Counsel & the Client Must Often Make: Part 2,” a Webinar Sponsored by the New York State Bar Association
On June 29, 2020, Melissa Yang served as a panelist in “Tactical Decisions that Counsel & the Client Must Often Make: Part 2,” a webinar sponsored by the New York State Bar Association (NYSBA). The webinar offered practical advice to lawyers in mediation, and may be accessed on NYSBA’s website using the following link: https://nysba.org/products/tactical-decisions-that-counsel-the-client-must-often-make-part-2/.
Partners Michael C. Rakower and Melissa Yang Publish “Attorney’s Fees Under ERISA 502(g)(1): An Exception to the American Rule” in the Summer Edition of the NY Litigator.
In contrast to countries that require a losing party to pay the winning party’s legal fees, the United States abides by the “American Rule,” which requires each party to pay its own legal fees irrespective of who wins. The American Rule, however, has exceptions. One of them concerns the fee-shifting provision in the Employee Retirement Income Security Act (ERISA). This article explores the considerations courts apply to a party’s request for legal fees after success in an ERISA case.