Michael O’Donnell, Partner, Riker Danzig LLP

In an interview with Invest:, Michael O’Donnell, partner at Riker Danzig LLP, discussed the firm’s recent legal victories, its strategic relocation to Madison, and how it continues to adapt to remote work while maintaining a strong internal culture. “The challenge is finding the right balance — remote work provides flexibility, but in-person interaction is essential for training and maintaining our culture, especially for younger attorneys,” he said.

What have been some of the biggest cases or highlights for Riker Danzig over the past year?

The biggest case for Riker Danzig, at least in my area, was a class action lawsuit we prevailed on, filed in the District of New Jersey. It was brought on behalf of the citizens in Ohio against Dun & Bradstreet relating to their business-to-business product known as Hoovers. The class argued that the inclusion of an individual’s name in the directory constituted a misappropriation of their right to publicity under Ohio law because the individual’s name might appear in a free trial, and the trial was advertising and appropriating the name. This argument, if successful, would have prevented D&B from ever showing how its product works. After three years of litigation, the Court dismissed the case with prejudice. That was a significant win for our firm. 

We’ve also had other victories, especially at the appellate level in New York’s appellate departments, including an appeal before the NY Second Department seeking to reverse the denial of summary judgment over a breach of contract claim. We first were able to have the action stayed, pending appeal, and then secured summary judgment on our client’s fraudulent inducement and rescission claims. In a case in the Northern District of New York, our Insurance Group attorneys secured a motion to dismiss in a significant decision, where the court found the “expected or intended” exclusion to be applicable, the first time to our knowledge a court ruled that the exclusion applies to a trespass claim based on a good faith but mistaken belief in ownership over a disputed parcel.  In an interesting cross-border matter, our IP team finalized a license agreement worth over $5 million for client Forbes Media after a year-long, contentious dispute with former Licensee MBG, regarding publications in Central and South America.  After over a year of settlement and license negotiations, Forbes now has a trusted partner in Mexico and a license agreement worth millions of dollars. Our Bankruptcy team was retained as the Official Unsecured Creditors’ Committee’s co-counsel in the WeWork Chapter 11 bankruptcy cases, one of the largest U.S. bankruptcy cases, filed in the District of New Jersey.  Our Corporate Group led a multi-disciplinary team to complete a complex $36 million deal in 2024 for Casella Waste Systems, Inc., a NASDAQ-traded waste management company. We also represented long-time client Mitsubishi Chemical America in the sale of its Hishi Plastics USA business, structured as an asset sale with a separate trademark license and royalty agreement and a sublease of the business’s plant, with a cross-border letter of credit backing up the buyer’s obligations under those two additional agreements.  

What factors influenced the decision to move headquarters to Madison, and how has it impacted operations?

We have not moved yet — our new lease begins in July, and we’ll be fully transitioned by August. It hasn’t significantly impacted our operations yet. We’ve been in the same building for over 40 years. But with COVID and the shift to remote work, our current setup — spread out over five floors — just doesn’t make sense anymore. Our new space isn’t larger, but it’s all on one floor, which will allow us to better integrate our teams. That should help strengthen our firm’s culture. In our current setup, some floors can feel empty, especially on Mondays and Fridays, due to remote work. We’re looking forward to the change.

There are also financial benefits to the move, of course. And one unexpected but welcome outcome has been the process of going through decades worth of old paper files. We’re identifying what can be destroyed or returned. We’ve been digital for a while, but we still had an unbelievable number of physical files. It’s a long-term process, probably continuing through the end of the year, but it’s already making us more efficient.

How has the legal industry in New Jersey evolved over the past year, particularly in response to economic fluctuations and regulatory changes?

It’s been fairly steady. One notable change is that under the current administration, we’re seeing a decrease in regulation. That’s not necessarily a bad thing, as overregulation can create a significant burden for businesses and often leads to litigation. In terms of economic shifts, everyone adjusts.

How has Riker Danzig approached serving small businesses and entrepreneurs, and what emerging industries are you monitoring?

Our approach is to provide a high level of service, essentially “white glove” treatment, at New Jersey rates, which is important given the rising cost of legal services. In terms of industries, New Jersey continues to have a strong pharmaceutical presence. Cybersecurity is also becoming increasingly important, with a rise in privacy and cyberlaw-related class actions.

In banking, we’ve seen significant mergers, with one example being the Lakeland Bank and Provident Bank merger, which recently closed after more than two years of work. Those are just a few key areas we’re watching closely.

How has the cannabis industry evolved in New Jersey over the past year?

Things have calmed down. The rush of new businesses and license applications has slowed now that the laws and processes are more established. Right now, most of the work involves ensuring cannabis facilities comply with local zoning laws. Even though cannabis has been legal in New Jersey for a while, some towns still object to having dispensaries. So, it’s more about managing community concerns and navigating local regulations rather than dealing with new licensing.

Do you see remote work continuing, or are things transitioning back to the office?

Remote work is absolutely here to stay. Even at our new office in Madison, we’ve planned for hoteling workspaces. The challenge is finding the right balance. Remote work provides flexibility, but in-person interaction is essential for training and maintaining our culture, especially for younger attorneys. Some firms have mandated four or five days in the office, but I think that’s more of a talking point than a reality. Most are still trying to strike the right balance. Personally, I ask my team to come in three days a week. We’re all professionals, and if someone needs flexibility, we’re understanding. But regular in-person collaboration remains important.

Occasionally, we’ll hire someone who works fully remotely if they have a unique skill set. But as a whole, we’re trying to keep people connected. Our managing partner has introduced a program called “Riker Reconnect,” where we all come into the office periodically for meetings and social interaction. It helps preserve a sense of unity despite remote work.

How do you see technology impacting the legal landscape, and is Riker Danzig prepared to address these issues?

AI is here to stay, and it’s a powerful tool. It can help us find answers quickly, but it doesn’t replace the judgment and analysis of a skilled attorney. We’ve all heard stories of lawyers being sanctioned for submitting briefs with AI-generated citations or fictitious cases. That’s why we emphasize reading the cases and understanding their relevance. AI can generate a case with the right language, but if the facts go against your argument, it can backfire badly. It’s a great tool, but it’s no substitute for professional discernment and legal expertise. We’re working to ensure everyone knows how to use AI responsibly.

How is Riker Danzig approaching talent acquisition and retention?

We’re always looking. At any given time, we may be hiring for around five positions. It’s competitive, and it can take months to find the right candidate. Sometimes, people accept offers and then change their minds or stay with their current employers. We also rely heavily on our summer associate program. This summer, we’ll have six summer associates, plus one through our minority attorney partnership with Rutgers Law School. While we hire laterally as well, many of our long-term attorneys come through our summer program, which helps preserve our culture.

What legal challenges have emerged in New Jersey due to recent employment law reforms?

One major issue has been data privacy, especially with Daniel’s Law, which was enacted after the tragic loss of Judge Esther Salas’ son. It aims to protect the personal information of public servants. However, there have been complications. Some third-party companies have taken over the opt-out process on behalf of these civil servants and flooded data platforms with thousands of requests in a short time. Some systems thought they were being hacked, shut down, and missed deadlines, leading to lawsuits. The law’s intentions are more than valid, but these lawsuits are driven more by potential financial gain than genuine data protection. There is a wave of litigation around this issue.

Not related to employment laws, but another ongoing challenge is the shortage of judges in New Jersey, particularly in federal courts. The delays in hearings and resolutions are significant. “Justice delayed is justice denied” has never felt more true. This issue extends to other states, including New York.

What are Riker Danzig’s top priorities and goals over the next two to three years?

Our immediate priority is to smoothly complete the move to Madison. Beyond that, we want to continue integrating remote work while maintaining a strong, collaborative firm culture that fosters growth, especially for younger attorneys. Of course, another key goal is continuing to bring in more business, more cases, and more deals. While we haven’t expanded dramatically, stability has been a strength, particularly in times of economic uncertainty. Still, growth remains important, whether that’s through adding talent, strengthening core practice areas, or exploring new opportunities.