Author Info for Patterson Belknap Webb & Tyler LLP

Anne-Laure Alléhaut

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

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Colleen Anderson

Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged in…more

Animal Health, Anticompetitive Behavior, Antitrust Litigation, Competition, Generic Drugs

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Samantha Anderson

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

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Christopher Angell

Federal Tax Reform May Affect Estate Planning

On November 2, the House Ways and Means Committee released a draft tax reform bill known as the Tax Cuts and Jobs Act. The Senate Finance Committee followed on November 9 with its own outline for tax reform legislation. Both…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Income Taxes

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Michael Arlein

Section 83(b) Elections — Should You Pay Taxes Now?

In startups and early-stage companies, founders often receive restricted equity grants as compensation for their services. With some planning, founders can potentially lower the taxes they pay on the appreciation of the equity…more

Employee Benefits, Filing Deadlines, Income Taxes, IRC Section 83(b), IRS

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Sara Arrow

Recent Ransomware Attacks Highlight the Evolving Challenges in Responding to Cyber Extortion

A spate of recent ransomware attacks illustrates the increasingly difficult calculations that businesses face following the theft or encryption of their data…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Extortion

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Shelley Attadgie

Eight Noteworthy Investment Adviser Enforcement Actions From the First Half of 2023

Presented below is a highlight of eight noteworthy enforcement actions the Securities and Exchange Commission has taken against investment advisers through the second quarter of 2023. Since the beginning of this year, the SEC’s…more

Breach of Duty, Broker-Dealer, Conflicts of Interest, Enforcement Actions, Fiduciary Duty

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H. Gregory Baker

President Trump’s SEC Trims Crypto Oversight

As we recently reviewed in The First Two Months of the SEC Under President Trump, since taking office for the second time, President Trump has moved quickly to make changes throughout the federal government in keeping with his…more

Cryptoassets, Cryptocurrency, Digital Assets, Enforcement, New Guidance

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Andrew Beame

FinCEN Issues Interim Final Rule Under the Corporate Transparency Act

On March 21, 2025, FinCEN released an interim final rule (the “Interim Final Rule”) that exempts domestic reporting companies and U.S. persons from being required to report beneficial ownership and company applicant information…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

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Nadav Ben Zur

Buttery Smooth Application: District Courts Narrowly Apply Second Circuit Precedent in False-Ad Cases

Consumers in false-advertising cases have long targeted food packaging for purportedly misrepresenting the presence or quantity of an ingredient in a product. These litigants typically contend that a product’s name—e.g., “All…more

Advertising, False Advertising, Food Labeling, Food Manufacturers, Food Marketing

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Ari Bental

Supreme Court Hears Oral Arguments in SEC v. Cochran, a Case Concerning Challenges to Federal Administrative Proceedings

On November 7, 2022, the U.S. Supreme Court heard oral arguments in the cases of SEC v. Cochran and Axon Enterprise, Inc. v. FTC, which address whether respondents in federal administrative proceedings have the ability to pose…more

Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, SCOTUS, Securities and Exchange Commission (SEC)

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Morgan Berenbaum

FinCEN Issues Interim Final Rule Under the Corporate Transparency Act

On March 21, 2025, FinCEN released an interim final rule (the “Interim Final Rule”) that exempts domestic reporting companies and U.S. persons from being required to report beneficial ownership and company applicant information…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

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Kimberly Black

What To Do When You Expect a Debtor Has Committed Bankruptcy Fraud

The U.S. bankruptcy system is generally an efficient mechanism for companies and individuals seeking to restructure their debts and obtain a fresh start. However, the effectiveness of the bankruptcy system relies on integrity…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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Anna Boltyanskiy

Second Circuit Sheds Light On Voir Dire Challenges

In United States v. Mendlowitz, the Second Circuit (Kearse, Pooler, and Menashi) issued a summary order in which the panel affirmed the defendant-appellant’s conviction for wire fraud and conspiracy to commit wire fraud…more

Bias, Criminal Convictions, Juror, Wire Fraud

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Jacqueline Bonneau

EEOC and DOJ Issue Guidance on “Unlawful DEI-Related Discrimination” under Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released guidance documents warning that employers’ Diversity, Equity, and Inclusion (“DEI”) policies,…more

Administrative Procedure Act, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Jacqueline Brandon

Update: Judge Issues Decision and Final Judgment in DOJ Antitrust Case Against JetBlue

In May, we discussed two antitrust lawsuits brought against JetBlue Airways Corporation (“JetBlue”) by the U.S. Department of Justice (“DOJ”) in the District of Massachusetts. One lawsuit is focused on JetBlue’s proposed…more

Acquisitions, Antitrust Litigation, Department of Justice (DOJ), Sherman Act

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Katherine Brisson

Second Circuit Remands for Resentencing in Watts v. United States

In Watts v. United States, the Second Circuit (Livingston, Parker, Park) issued an unpublished summary order that affirmed Michael Watts’ convictions for his role in a pump-and-dump scheme, and agreed with the government that…more

Criminal Convictions, Fraud, Indictments, Pump and Dump

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Jennifer Brown

Your Estate Plan and the Corporate Transparency Act

You may already be aware of a new federal law called the Corporate Transparency Act (the CTA), which became effective on January 1, 2024. The CTA was enacted as part of the National Defense Authorization Act and mandates that…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Limited Liability Company (LLC)

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Hannah Brudney

New York City Bans Employment Discrimination Based on Height and Weight

On May 26, 2023, Mayor Adams signed into law an amendment to the New York City Human Rights Law, banning discrimination on the basis of an individual’s height or weight. The law will become effective on November 22, 2023. …more

Anti-Discrimination Policies, Discrimination, Employer Responsibilities, Employment Discrimination, Hiring & Firing

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Henry Bubel

Cross-Border Tax-Related COVID-19 Relief

On April 21, 2020, the IRS released a much-awaited package of guidance in the cross-border tax space that provides relief to those impacted by the COVID-19 pandemic. The guidance relates to (1) day-counting for both tax…more

Coronavirus/COVID-19, IRS, Relief Measures

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Michael Buchanan

New York’s Department of Financial Services Seeks Comment on the Use of Artificial Intelligence in Insurance Underwriting and Pricing

The New York State Department of Financial Services (“DFS”) has entered its voice regarding the use of artificial intelligence (“AI”) by insurers by issuing for public comment a proposed circular letter addressing the use of…more

Artificial Intelligence, Discrimination, Financial Services Industry, Insurance Regulations, NYDFS

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Stephanie Bunting Glaser

AI Training Using Copyrighted Works Ruled Not Fair Use

In the first substantive decision regarding whether use of copyrighted works to train an artificial intelligence (“AI”) tool constitutes fair use under copyright law, the U.S. District Court for the District of Delaware in…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Data Collection

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Dakotah Burns

Commercial Division Finds Alleged Obligations Under Term Sheet Constitute Unenforceable Agreement to Agree

As we have written about previously, the Commercial Division has held that certain types of preliminary agreements between parties constitute unenforceable “agreements to agree” under New York law. To avoid this fate, a party…more

Mortgages, Real Estate Development, Real Estate Investments

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Laura Butzel

U.S. Department of Education Confirms It Will Enforce 2020 Title IX Rule and Regulations Following District Court Ruling and Executive Order

On January 9, 2025, a federal district court vacated a set of Title IX regulations and—at least for now—resolved the question of whether Title IX protects students from discrimination on the basis of gender identity and sexual…more

Civil Rights Act, Constitutional Challenges, Department of Education, Educational Institutions, Executive Orders

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Lachlan Campbell-Verduyn Ph.D.

Full Federal Circuit Denies En Banc Review of Jurisdictional Decision with Important Implications for BPCIA Litigation

On June 20, 2016, the full Federal Circuit denied Mylan’s petitions for rehearing en banc in Acorda Therapeutics Inc. v. Mylan Pharms. Inc., 817 F.3d 755 (Fed. Cir. 2016), leaving intact the panel’s decision affirming two…more

Abbreviated New Drug Application (ANDA), BPCIA, Commercial Marketing, Corporate Counsel, Forum Selection

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Jessica Carter

DOL Clarifies Annual Funding Notice Requirements and Updates Model Notices

On April 3, 2025, the U.S. Department of Labor (the “DOL”) issued Field Assistance Bulletin 2025-02 (the “Bulletin”), clarifying the annual funding notice requirements applicable to defined benefit pension plans under section…more

Defined Benefit Plans, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), New Regulations

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William Cavanaugh Jr.

DOJ and FTC File Statement of Interest in Hotel Room Algorithmic Pricing Case

On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars…more

Algorithms, Anti-Competitive, Antitrust Division, Antitrust Violations, Compliance

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J. Jay Cho Ph.D.

FDA’s Draft Guidance for Industry Seeks to Answer Questions on Biosimilar Interchangeability

FDA has published new draft guidance for industry titled “Biosimilarity and Interchangeability: Additional Draft Q&As on Biosimilar Development and the BPCI Act.” …more

Biologics, Biosimilars, BPCI, Draft Guidance, Food and Drug Administration (FDA)

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Lisa Cleary

EEOC and DOJ Issue Guidance on “Unlawful DEI-Related Discrimination” under Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released guidance documents warning that employers’ Diversity, Equity, and Inclusion (“DEI”) policies,…more

Administrative Procedure Act, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Maryann Clemente

Your Estate Plan and the Corporate Transparency Act

You may already be aware of a new federal law called the Corporate Transparency Act (the CTA), which became effective on January 1, 2024. The CTA was enacted as part of the National Defense Authorization Act and mandates that…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Limited Liability Company (LLC)

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Andrew Cohen Ph.D.

Federal Circuit Axes Amgen Antibody Patents, Finding Lack of Enablement

The Federal Circuit considered its 35 U.S.C. § 112 enablement case law and found that “the enablement inquiry for claims that include functional requirements”—in this case, claims to antibodies defined by their function—“can be…more

Amgen, Biotechnology, Patent Litigation, Patents, Pharmaceutical Industry

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Michelle Cohen

A Question of Privilege: Court Wrestles With Attorney-Client and Work Product Issues in Data Breach Case

In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a Federal judge in Oregon ordered Premera Blue Cross, the Washington-based healthcare services…more

Attorney-Client Privilege, Corporate Counsel, Cyber Attacks, Data Breach, Discovery

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Alejandro Cruz

SEC Settlement: Cybersecurity Internal Controls

On June 18, 2024, the Securities and Exchange Commission (“SEC”) announced a $2.1 million civil penalty settlement of charges against R.R. Donnelley & Sons (“RRD”), a global provider of business communications services and…more

Compliance, Cyber Attacks, Cybersecurity, Data Breach, Data Protection

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Craig Dent

CARES Act: Paycheck Protection Program (PPP) FAQs

On April 6, 2020, the Small Business Administration (the “SBA”) in consultation with the Department of the Treasury released additional guidance reflecting the implementation of the Paycheck Protection Program (“PPP”) of the…more

CARES Act, Paycheck Protection Program (PPP), Relief Measures, SBA, SBA Lending Programs

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Gerald DeSantis Jr.

FinCEN Issues Interim Final Rule Under the Corporate Transparency Act

On March 21, 2025, FinCEN released an interim final rule (the “Interim Final Rule”) that exempts domestic reporting companies and U.S. persons from being required to report beneficial ownership and company applicant information…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

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Cassandra Deskus

The First Two Months of the SEC Under President Trump

As President Donald J. Trump wraps up his first two months in office, we review the changes that have taken place at the SEC. Prior to taking office, President Trump announced his intent to appoint Paul Atkins to replace Gary…more

Biden Administration, Cryptocurrency, Enforcement Actions, Executive Orders, Regulatory Agenda

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Josie Dikkers

2024 Employment Year-End Roundup

INTRODUCTION - The year 2024 brought significant developments to a wide range of employment law areas, from anti-discrimination and retaliation law to labor issues. Federal courts across the country expanded the rights of…more

Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Equal Protection, Federal Labor Laws

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Catherine Djang

EEOC and DOJ Issue Guidance on “Unlawful DEI-Related Discrimination” under Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released guidance documents warning that employers’ Diversity, Equity, and Inclusion (“DEI”) policies,…more

Administrative Procedure Act, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Dahlia Doumar

Section 83(b) Elections — Should You Pay Taxes Now?

In startups and early-stage companies, founders often receive restricted equity grants as compensation for their services. With some planning, founders can potentially lower the taxes they pay on the appreciation of the equity…more

Employee Benefits, Filing Deadlines, Income Taxes, IRC Section 83(b), IRS

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David Dykhouse

Foreign Trusts Present Tricky Eligibility Issues

In bankruptcy as in federal jurisprudence generally, to characterize something with the near-epithet of “federal common law” virtually dooms it to rejection. But, since “common law” is “[t]he body of law derived from judicial…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors, Eligibility

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Emma Ellman-Golan

Not So Strange: Circuit Affirms Sentencing Enhancement Where Defendant Fabricated Letters Submitted to Sentencing Court

In a recent opinion, the Second Circuit upheld a 57-month sentence that applied a two-level sentencing enhancement for obstruction of justice and rejected a request for a sentencing reduction for acceptance of responsibility…more

Criminal Convictions, Obstruction of Justice, Sentencing

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Ian Eppler

Second Circuit Rejects Double Jeopardy and Sufficiency of the Evidence Arguments After Remand in Ciminelli Case

In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros (collectively, the “defendant-appellants”) for retrial on their…more

Appeals, Appellate Courts, Criminal Prosecution, Double Jeopardy, Evidence

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David Erroll

President Trump’s SEC Trims Crypto Oversight

As we recently reviewed in The First Two Months of the SEC Under President Trump, since taking office for the second time, President Trump has moved quickly to make changes throughout the federal government in keeping with his…more

Cryptoassets, Cryptocurrency, Digital Assets, Enforcement, New Guidance

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Michael Farinacci

Commercial Division Dismisses Duplicative Claims under the Doctrines of Res Judicata and Collateral Estoppel

In Haart v. Scaglia, Justice Borrok of the New York County Commercial Division partially granted the defendant’s motion to dismiss based on the doctrines of res judicata and collateral estoppel. The Court found that the…more

Business Divorce, Business Litigation, Collateral Estoppel, Res Judicata

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Amanda First

The Price of “Sandbagging”: Judge McMahon Orders Sanctions Against Patent Plaintiff For Switching Damages Theory on Eve of Retrial

On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial…more

Damages, Federal Rules of Civil Procedure, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

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Aron Fischer

Federal Circuit Holds That Amendments to Biosimilar’s BLA Do Not Trigger Anew BPCIA’s Notice of Commercial Marketing Provision

Under Section 262(l)(8)(A) of the BPCIA, a biosimilar maker must provide notice to the reference product sponsor 180 days before the date of first commercial marketing of the biosimilar. …more

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Peter Franklin

Rising From the Ashes: How Nonprofits and Donors Can Help California Wildfire Recovery Efforts

In the wake of the Los Angeles wildfires that have destroyed tens of thousands of acres and leveled entire communities, there is a significant and growing need for funding recovery, rebuilding, and resiliency efforts. The full…more

501(c)(3), Charitable Donations, Charitable Organizations, Disaster Relief Fund, Internal Revenue Code (IRC)

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Hugh Freund

Looking Ahead to 2021 with a Focus on Your Estate Plan

We are just past the midpoint of a year like no other. Many aspects of our lives have been challenged and reconfigured, with even more changes a certainty. Depending upon the outcome of the election in November, significant…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, GST, Tax Exemptions

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Dana Fritz

NYSE Proposes Rule Changes Requiring Foreign Private Issuers to Submit Semi-Annual Financial Information to SEC

The New York Stock Exchange (NYSE) recently proposed amendments to the NYSE Listed Company Manual (Manual) to adopt a requirement that NYSE-listed foreign private issuers (FPIs) submit semi-annual unaudited financial information…more

Financial Statements, Foreign Private Issuers, NYSE, Proposed Amendments, Publicly-Traded Companies

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Nicolás Galván

Update: FTC Reopens its In-House Challenge of Microsoft's Acquisition of Activision

Last month, we discussed where things stand regarding Microsoft’s proposed $69 billion acquisition of Blizzard, Inc. (“Activision”) in light of domestic and international challenges to the proposed deal. This week, the…more

Acquisitions, Activision, Competition, Federal Trade Commission (FTC), Microsoft

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Eugene Gelernter

All-or-Nothing Damages Strategy Leaves Promega with Nothing

The Federal Circuit’s recent decision in Promega Corp. v. Life Technologies Corp. is a cautionary tale that failure to present evidence of damages closely tied to each alternative basis of liability may result in a hollow…more

35 U.S.C. § 271(e)(1), Biologics, Calculation of Damages, Intellectual Property Protection, Life Technologies Corp v Promega Corp

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Shelli Gimelstein

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”? And who gets to decide? A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t…more

Beverage Manufacturers, Class Action, Food and Drug Administration (FDA), Food Manufacturers, Misbranding

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Joshua Goldberg

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

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Antonia Grumbach

Sweeping Tax Reform Impacts Tax-Exempt Organizations

After a short period of deliberations by the House of Representatives (the “House”) and the Senate, President Trump signed the final version of H.R. 1 into Public Law No. 115-97 on December 22, 2017 (the “New Law”). The New Law…more

Charitable Donations, Charitable Organizations, Compensation & Benefits, Corporate Taxes, Excise Tax

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Andrew Haddad

Seventh Circuit Rescues McDonald’s Workers’ Challenge to No-Poach Clause

The Seventh Circuit recently revived an antitrust challenge to a clause in McDonald’s franchise agreements barring franchises from poaching other franchises’ employees. (See our previous coverage of antitrust challenges to…more

Antitrust Provisions, Franchise Agreements, Franchises, Hiring & Firing, No-Poaching

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Carolyn Handler

Looking Ahead to 2021 with a Focus on Your Estate Plan

We are just past the midpoint of a year like no other. Many aspects of our lives have been challenged and reconfigured, with even more changes a certainty. Depending upon the outcome of the election in November, significant…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, GST, Tax Exemptions

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Christine Harper

DOJ’s Updated Guidance for Corporate Compliance Programs Provides Insight on Criminal Antitrust Priorities

The Antitrust Division of the Department of Justice issued updated Guidance in November on the evaluation of corporate compliance programs in criminal antitrust investigations. The 2024 Compliance Guidance continues to…more

Antitrust Division, Antitrust Investigations, Antitrust Violations, Compliance, Compliance Monitoring

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George Harris

DOJ and FTC File Statement of Interest in Hotel Room Algorithmic Pricing Case

On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars…more

Algorithms, Anti-Competitive, Antitrust Division, Antitrust Violations, Compliance

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Peter Harvey

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

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Kabir Hashmi

Commercial Division Reaffirms that a Party May Waive Right to Arbitration Through Conduct

How long and to what extent can a party litigate in court before claiming that the dispute needs to be arbitrated? That issue has come up with some frequency in state and federal courts throughout the country…more

Arbitration, Arbitration Agreements, Business Disputes, Business Litigation

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Dana Hiscock

Implications of the Supreme Court’s Windsor Decision on Estate Planning for Same-sex Couples

On June 26, 2013, the Supreme Court, in its decision in United States v. Windsor, overturned Section 3 of the Federal Defense of Marriage Act (“DOMA”). The Court ruled that the Federal government could not deny tax and other…more

DOMA, Estate Planning, Gift-Tax Exemption, Income Taxes, Lifetime Limits

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Megha Hoon

The Importance of Following Proper Procedure (and the Court’s Instructions)

In Pioneer Bank v. Teal, Becker & Chiaramonte, CPAs, P.C., Justice Platkin of the Albany County Commercial Division denied defendants’ fact-based motion to dismiss brought under CPLR 3211(a)(7) (failure to state a claim) and…more

Motion to Dismiss, Summary Judgment

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Alexander Ivanovic

All Shimmer and No Shine: Magistrate Judge Willis Recommends Granting Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim

Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendant’s motion to dismiss pro se plaintiff Andrew Walker, Jr.’s (“Walker”) Second Amended Complaint be granted for lack of…more

Design Patent, Dismissals, Failure To State A Claim, Intellectual Property Litigation, Jurisdiction

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Ian Kerr

Commercial Division Permits COVID-Related Contract Termination Pursuant to “Market Disruption” Clause

The onset of the COVID-19 pandemic in the Spring 2020 brought immense market uncertainty, which in turn placed serious strain on contractual relationships. Amid that strain, a question on the minds of many commercial parties…more

Business Interruption, Commercial Contracts, Contract Termination, Contract Terms, Coronavirus/COVID-19

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Irene Kim

Section 83(b) Elections — Should You Pay Taxes Now?

In startups and early-stage companies, founders often receive restricted equity grants as compensation for their services. With some planning, founders can potentially lower the taxes they pay on the appreciation of the equity…more

Employee Benefits, Filing Deadlines, Income Taxes, IRC Section 83(b), IRS

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JoAnn Kim

DOL Clarifies Annual Funding Notice Requirements and Updates Model Notices

On April 3, 2025, the U.S. Department of Labor (the “DOL”) issued Field Assistance Bulletin 2025-02 (the “Bulletin”), clarifying the annual funding notice requirements applicable to defined benefit pension plans under section…more

Defined Benefit Plans, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), New Regulations

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W. Scott Kim

New York’s Department of Financial Services Amplifies its Cybersecurity Regulations

On November 1, 2023, the New York State Department of Financial Services (“DFS”) amended its cybersecurity regulations to institute additional standards and controls aimed at securing sensitive data among the financial services…more

Chief Information Security Officer (CISO), Compliance, Corporate Governance, Cybersecurity, Data Security

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Joshua Kipnees

The First Circuit Requires But-For Causation in False Claims Act Cases Predicated on Violations of the Anti-Kickback Statute, Adding to Circuit Split

On February 18, 2025, in United States v. Regeneron Pharmaceuticals, the First Circuit held that to establish civil liability under the False Claims Act (“FCA”) premised on violations of the Anti-Kickback Statute (“AKS”), the…more

Anti-Kickback Statute, Causation, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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David Kleban

D.C. Circuit Rules that Justice Department Can Reopen Investigation of Realtors Group

On April 5, 2024, the D.C. Circuit ruled that the Justice Department’s Antitrust Division could reopen an investigation of allegedly anticompetitive practices of the National Association of Realtors (“NAR”). See Nat’l Ass’n of…more

Anti-Competitive, Competition, Department of Justice (DOJ), Fees, Investigations

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Jonah Knobler

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”? And who gets to decide? A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t…more

Beverage Manufacturers, Class Action, Food and Drug Administration (FDA), Food Manufacturers, Misbranding

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Rochelle Korman

Sweeping Tax Reform Impacts Tax-Exempt Organizations

After a short period of deliberations by the House of Representatives (the “House”) and the Senate, President Trump signed the final version of H.R. 1 into Public Law No. 115-97 on December 22, 2017 (the “New Law”). The New Law…more

Charitable Donations, Charitable Organizations, Compensation & Benefits, Corporate Taxes, Excise Tax

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Robin Krause

Section 83(b) Elections — Should You Pay Taxes Now?

In startups and early-stage companies, founders often receive restricted equity grants as compensation for their services. With some planning, founders can potentially lower the taxes they pay on the appreciation of the equity…more

Employee Benefits, Filing Deadlines, Income Taxes, IRC Section 83(b), IRS

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Thomas Kurland

Commercial Division Finds Movie Theater Not Entitled to Business Interruption Coverage for COVID-19 Closures

Last summer, we wrote about two principles of New York law that could provide a path to insurance coverage for businesses hit hard by the economic losses resulting from Governor Cuomo’s COVID-19-related shutdown orders…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Denial of Insurance Coverage, Governor Cuomo

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Ryan Kurtz

2023 Amendments to General Obligations Law 5-336

On November 17, 2023, New York State Governor Kathy Hochul signed into law Senate Bill 4516, amending General Obligation Law Section 5-336 (GOL 5-336). As set forth in our earlier alert from when the law was first enacted,…more

Employment Discrimination, Independent Contractors, New York, Non-Disclosure Agreement, Retaliation

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Jo Backer Laird

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

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Jean-Claude Lanza

The Holding Foreign Companies Accountable Act and its Potential Repercussions

U.S. capital markets are beginning to experience the effects of the passage of the Holding Foreign Companies Accountable Act (HFCAA). Amid continuing tensions between the United States and China, then-President Trump signed the…more

Audits, Capital Markets, Corporate Governance, Disclosure Requirements, Foreign Corporations

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Sean Lau

Recent Ransomware Attacks Highlight the Evolving Challenges in Responding to Cyber Extortion

A spate of recent ransomware attacks illustrates the increasingly difficult calculations that businesses face following the theft or encryption of their data…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Extortion

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Alvin Li

Supreme Court Decision in SEC v. Jarkesy Limits the SEC’s Ability to Seek Civil Penalties

On June 26, 2024, the Supreme Court issued a decision in SEC v. Jarkesy, holding that “[w]hen the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.”…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Enforcement Actions, Enforcement Authority

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Zhiqiang Liu Ph.D.

Q2 2019 Review: Biosimilar IPRs See a Drop in New Filings and Mixed Results

At the end of 2017, inter partes review (IPR) proceedings for biosimilar products were on the rise. 2018 and the first half of 2019, however, have seen a dip in the number of new filings. And looking back at biosimilar IPRs…more

Biologics, Biosimilars, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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Robert LoBue

New York Passes Postmortem Right of Publicity Statute

On November 30, 2020, New York Governor Andrew Cuomo signed a new right of publicity statute into law, which will take effect 180 days after enactment. The law allows successors in interest of deceased “performers” and…more

Advertising, Celebrities, Commercial Use, Deceased, Governor Cuomo

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Jenny Longman

Cross-Border Issues for Founders with U.S. Companies

We encounter many founders who have based their enterprises in the U.S., but who are not U.S. citizens or permanent residents, or who may have other significant cross-border ties such as close family living outside the U.S…more

Business Development, Cross-Border, Early Stage Companies, Entrepreneurs, Estate Tax

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Daniel Lowenthal

Court Orders Removal of Couple from Upper East Side Mansion

While the bankruptcy world’s eyes are locked on the genetic code up for auction in 23andMe’s chapter 11 proceedings, we are also focused on a more old fashioned asset: New York City real estate. 19 East 75th Street (the…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Limited Liability Company (LLC), Property Owners

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Julia MacAllister

Commercial Division Decision Suggests Insurers May Struggle to Enforce Anti-Assignment Clauses in Prior-Incurred Loss Cases

In Certain Underwriters at Lloyd’s v. AT&T Corp.,[1] Justice Cohen of the New York County Commercial Division Court granted a motion for partial summary judgment and determined that Nokia, through its predecessor Lucent, had the…more

Anti-Assignment Clauses, Commercial Court, Insurance Industry, Partial Summary Judgments

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Greg Margolis

Nothing Brewing: Second Circuit Affirms Dismissal of False Ad Claims Against Starbucks

The Second Circuit recently decided an appeal of a putative consumer class action, in which New York Starbucks patrons alleged that the smell of freshly brewed coffee wasn’t the only thing wafting in the air at the famous coffee…more

Dismissals, False Advertising, Putative Class Actions, Starbucks

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Jabari Matthew

New York City's Notice and Distribution Requirement of "Workers' Bill of Rights"

On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to…more

Compliance, Employee Rights, Employees, Employer Responsibilities, Independent Contractors

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James Mayer

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

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Jane Metcalf

Consumer Claims Melt Away Under District Court’s Scrutiny

In a recent decision, Beers v. Mars Wrigley Confectionery US, LLC, Judge Seibel of the District Court for the Southern District of New York dismissed all of Plaintiff Steven Beers’s claims under Sections 349 and 350 of the New…more

False Advertising, Food Labeling, Food Manufacturers, Misrepresentation, Nutrition Facts Labels

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Hilarie Meyers

Court Blocks Enforcement of California’s New Data Privacy Regulations—For Now

On June 30, 2023, the California Superior Court issued a decision blocking the California Privacy Protection Agency (“CPPA” or the “Agency”) from enforcing new regulations governing the collection and use of consumer data until…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy, Data Protection

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Christine Miller

Supreme Court Clarifies Standing For False Advertising Cases

On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In Lexmark International,…more

Copyright Infringement, False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components

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Madeline More

Second Circuit Affirms Conviction and Sentence of Defendant Who Posted Video Urging "Slaughter" of Members of United States Congress

In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on various…more

Criminal Convictions, Criminal Prosecution, Evidence, First Amendment, Sentencing

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Clinton Morrison

Second Circuit Affirms Sentencing Court’s Delegation of Verification Testing Decision to Probation

In United States v. Villafane-Lozada, No. 19-2098 (2d Cir. Sept. 3, 2020) (Livingston, Sullivan, Park), the Second Circuit rejected a defendant’s challenge to the district court’s delegation to probation the decision of which…more

Probation, Ripeness, Sex Offenders, Supervised Release

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Joyce Nadipuram Pharm.D.

WTO to Discuss Member Proposal to Waive IP Rights for COVID-19 Technologies

On October 2, 2020, India and South Africa urged the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council to temporarily waive the obligation of member states under the TRIPS…more

Copyright, Coronavirus/COVID-19, Patents, Trade Secrets, TRIPS Agreement

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Natalie Noble

D.C. Circuit Rules that Justice Department Can Reopen Investigation of Realtors Group

On April 5, 2024, the D.C. Circuit ruled that the Justice Department’s Antitrust Division could reopen an investigation of allegedly anticompetitive practices of the National Association of Realtors (“NAR”). See Nat’l Ass’n of…more

Anti-Competitive, Competition, Department of Justice (DOJ), Fees, Investigations

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Colleen O'Leary

Rising From the Ashes: How Nonprofits and Donors Can Help California Wildfire Recovery Efforts

In the wake of the Los Angeles wildfires that have destroyed tens of thousands of acres and leveled entire communities, there is a significant and growing need for funding recovery, rebuilding, and resiliency efforts. The full…more

501(c)(3), Charitable Donations, Charitable Organizations, Disaster Relief Fund, Internal Revenue Code (IRC)

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Maggie O'Neil

Second Circuit Reiterates, in a Published Decision, That Defendant is Bound by Decision to Decline Oral Pronouncement of Conditions of Supervised Release During Sentencing

In United States v. Lewis, the Second Circuit (per curiam) affirmed the judgment of conviction of Chanette Lewis, who had pleaded guilty to two counts of conspiracy to commit wire fraud in violation of 18 U.S.C. § 371. The…more

Appeals, Appellate Courts, Criminal Convictions, Criminal Prosecution, Evidence

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Bharath Palle S.J.D.

NYC Department of Consumer and Worker Protection Issues Final Rules Under NYC's Earned Safe and Sick Time Act

In September 2023, the New York City Department of Consumer and Worker Protection (“the Department”) finalized amendments to rules (“final rules”) under the New York City Earned Safe and Sick Time Act (“ESSTA”). These rules…more

Employee Benefits, New York, Paid Leave, Paid Sick Leave, Sick Leave

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James Parks

Delaware Enacts Changes to the Delaware General Corporation Law

On March 25, 2025, the Delaware Governor, Matthew Meyer, signed into law Senate Bill 21 (“SB 21”) which amends Sections 144 and 220 of the Delaware General Corporation Law (the “DGCL”). SB 21 codifies (a) the process to approve…more

Books & Records, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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Alexandria Piacenti

FTC Approves Final Rule Banning Non-Compete Clauses

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers from…more

Competition, Employer Responsibilities, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Lewis Popovski

To Threat or Not to Threat, That is the DJ Question: Judge Rakoff Dismisses DJ Action and Finds the Court Does Not Have Jurisdiction to Address Request for Declaratory Relief

On April 1, 2025, United States District Judge Jed S. Rakoff granted Defendants Marut Enterprises LLC and Brett Marut’s (collectively, “Defendants”) motion to dismiss and entered final judgment against Foto Electric Supply Co.,…more

Cease and Desist Orders, Declaratory Judgments, Design Patent, Jurisdiction, Motion to Dismiss

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Newton Portorreal Jr.

“Not That Kind of Memory Storage – Judge Oetken Grants Samsung’s Motion for Summary Judgment of Non-Infringement”

On March 31, 2025, Judge Oetken granted summary judgment for Samsung Electronics Co., Ltd. and certain of its subsidiaries (“Samsung”) in an infringement suit brought against it by Dynamics Inc. (“Dynamics”). Dynamics Inc v…more

Claim Construction, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, Motion for Summary Judgment, Patent Infringement

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Lauren Schorr Potter

The Supreme Court Confirms The Government’s Significant Discretion To Dismiss False Claims Act Cases

On June 16, 2023, the Supreme Court ruled in United States ex rel. Polansky v. Executive Health Resources, Inc., that (i) under the False Claims Act, the government may move to dismiss a False Claims Act (“FCA”) action pursuant…more

Article II, Dismissals, False Claims Act (FCA), Federal Rules of Civil Procedure, Qui Tam

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Herman Raspé

The Holding Foreign Companies Accountable Act and its Potential Repercussions

U.S. capital markets are beginning to experience the effects of the passage of the Holding Foreign Companies Accountable Act (HFCAA). Amid continuing tensions between the United States and China, then-President Trump signed the…more

Audits, Capital Markets, Corporate Governance, Disclosure Requirements, Foreign Corporations

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Jonah Rizzo-Bleichman

Paycheck Protection Program Act Update: Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”), which was signed into law on December 27, 2020, includes several updates to the Paycheck Protection Program (the “PPP”) originally established by the Coronavirus Aid,…more

Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Loan Forgiveness, Loans

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Bonita Robinson

Over Dissent, Circuit Embraces Strict “Collateral/Direct” Distinction for Ineffective Assistance of Counsel Claims

In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that attorneys must advise their noncitizen clients of the risk of deportation arising from criminal conviction, and that the failure to do so violates the…more

Criminal Prosecution, Deportation, Immigrants, Ineffective Assistance of Counsel, Padilla v. Kentucky

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Kate Ross

2024 Employment Year-End Roundup

INTRODUCTION - The year 2024 brought significant developments to a wide range of employment law areas, from anti-discrimination and retaliation law to labor issues. Federal courts across the country expanded the rights of…more

Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Equal Protection, Federal Labor Laws

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Daniel Ruzumna

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

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Harry Sandick

Second Circuit Rejects Double Jeopardy and Sufficiency of the Evidence Arguments After Remand in Ciminelli Case

In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros (collectively, the “defendant-appellants”) for retrial on their…more

Appeals, Appellate Courts, Criminal Prosecution, Double Jeopardy, Evidence

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Voratida Sangchant

EEOC Issues Final Rule and Interpretive Guidance on Pregnant Workers Fairness Act

As noted in our May 3, 2023 and August 14, 2023 client alerts, Congress enacted the Pregnant Workers Fairness Act (PWFA) in late 2022, expanding protections for pregnant workers. Pursuant to the Act, the Equal Employment…more

Americans with Disabilities Act (ADA), Employee Rights, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Final Rules

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John Sare

Rising From the Ashes: How Nonprofits and Donors Can Help California Wildfire Recovery Efforts

In the wake of the Los Angeles wildfires that have destroyed tens of thousands of acres and leveled entire communities, there is a significant and growing need for funding recovery, rebuilding, and resiliency efforts. The full…more

501(c)(3), Charitable Donations, Charitable Organizations, Disaster Relief Fund, Internal Revenue Code (IRC)

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Peter Schaeffer

Delaware Enacts Changes to the Delaware General Corporation Law

On March 25, 2025, the Delaware Governor, Matthew Meyer, signed into law Senate Bill 21 (“SB 21”) which amends Sections 144 and 220 of the Delaware General Corporation Law (the “DGCL”). SB 21 codifies (a) the process to approve…more

Books & Records, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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Nicole Scully

OFAC Advises Companies To Institute Rigorous Compliance Controls In Light Of Russia-Related Sanctions

On March 2, 2023, the United States Department of Commerce’s Bureau of Industry and Security (BIS), the United States Department of Justice (DOJ), and the United States Department of the Treasury’s Office of Foreign Assets…more

Biden Administration, Economic Sanctions, Export Controls, Office of Foreign Assets Control (OFAC), Russia

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Saul Shapiro

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

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Ryan Sheehan

There’s an Exception to Every Rule: Judge Schofield Finds a Comparison of the Plaintiff’s Patented System and the Accused System to be Relevant to Infringement

In a recently published opinion, Judge Lorna G. Schofield (S.D.N.Y.) found that it was appropriate to compare the accused system to a plaintiff’s commercial system embodying the asserted patent claims, rather than the patent…more

Claim Construction, Discovery, Evidence, Google, Intellectual Property Litigation

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Rachel Sherman

HHS Broadens Scope of PREP Act Immunity for Individuals and Entities Fighting COVID-19

On December 3, 2020, the Secretary of the Department of Health and Human Services issued a fourth amended PREP Act declaration expanding the scope of immunity for covered entities engaged in the provision of goods and services…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Distributors, Healthcare Workers, Immunity

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Julie Simeone

Knitting Together Rulings for Both Parties: Judge Subramanian Issues Claim Construction Order in Nike v. Lululemon Flyknit

On December 28, 2023, District Judge Subramanian (S.D.N.Y.) issued claim construction rulings in Nike, Inc. v. Lululemon USA Inc. on four disputed terms. The Court resolved two of the disputed terms in favor of Nike, Inc…more

Claim Construction, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Jenna Smith

Trump’s January 2025 Executive Orders: Implications for Employers

Introduction - Shortly after his second inauguration, President Trump signed a series of executive orders addressing diversity, equity, and inclusion (“DEI”) programs in the federal government and supplanting such initiatives…more

Affirmative Action, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Executive Orders

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Edward Smoot

Section 83(b) Elections — Should You Pay Taxes Now?

In startups and early-stage companies, founders often receive restricted equity grants as compensation for their services. With some planning, founders can potentially lower the taxes they pay on the appreciation of the equity…more

Employee Benefits, Filing Deadlines, Income Taxes, IRC Section 83(b), IRS

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George Soussou

To Threat or Not to Threat, That is the DJ Question: Judge Rakoff Dismisses DJ Action and Finds the Court Does Not Have Jurisdiction to Address Request for Declaratory Relief

On April 1, 2025, United States District Judge Jed S. Rakoff granted Defendants Marut Enterprises LLC and Brett Marut’s (collectively, “Defendants”) motion to dismiss and entered final judgment against Foto Electric Supply Co.,…more

Cease and Desist Orders, Declaratory Judgments, Design Patent, Jurisdiction, Motion to Dismiss

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Tiffany Tam

Rising From the Ashes: How Nonprofits and Donors Can Help California Wildfire Recovery Efforts

In the wake of the Los Angeles wildfires that have destroyed tens of thousands of acres and leveled entire communities, there is a significant and growing need for funding recovery, rebuilding, and resiliency efforts. The full…more

501(c)(3), Charitable Donations, Charitable Organizations, Disaster Relief Fund, Internal Revenue Code (IRC)

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Douglas Tang

Section 83(b) Elections — Should You Pay Taxes Now?

In startups and early-stage companies, founders often receive restricted equity grants as compensation for their services. With some planning, founders can potentially lower the taxes they pay on the appreciation of the equity…more

Employee Benefits, Filing Deadlines, Income Taxes, IRC Section 83(b), IRS

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Peter Tomlinson

The Impact of the Supreme Court’s Recent Halliburton Decision on Securities Litigation

On June 23, 2014, the Supreme Court issued its long-awaited decision in Halliburton Co. v. Erica P. John Fund, Inc. In Halliburton, the Court declined to overrule Basic v. Levinson, but rather imposed limitations on the…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

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Charles Tso

EEOC and DOJ Issue Guidance on “Unlawful DEI-Related Discrimination” under Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released guidance documents warning that employers’ Diversity, Equity, and Inclusion (“DEI”) policies,…more

Administrative Procedure Act, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Richard Upton

New Rules on Section 83(b) Elections

Prior to a recent change, in order for a Section 83(b) election to be effective, the taxpayer had to: - File the Section 83(b) election within 30 days of the receipt of restricted property (typically, restricted stock) with…more

Equity Compensation, Filing Requirements, IRC Section 83(b), IRS, Restricted Stocks

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Amy Vegari

DOJ’s Updated Guidance for Corporate Compliance Programs Provides Insight on Criminal Antitrust Priorities

The Antitrust Division of the Department of Justice issued updated Guidance in November on the evaluation of corporate compliance programs in criminal antitrust investigations. The 2024 Compliance Guidance continues to…more

Antitrust Division, Antitrust Investigations, Antitrust Violations, Compliance, Compliance Monitoring

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Susan Vignola

Rising From the Ashes: How Nonprofits and Donors Can Help California Wildfire Recovery Efforts

In the wake of the Los Angeles wildfires that have destroyed tens of thousands of acres and leveled entire communities, there is a significant and growing need for funding recovery, rebuilding, and resiliency efforts. The full…more

501(c)(3), Charitable Donations, Charitable Organizations, Disaster Relief Fund, Internal Revenue Code (IRC)

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Jason Vitullo

Courts Reinstates Embezzlement Charges Dismissed as Untimely, Holding that Dismissal was Based on a Premature Assessment of the Government’s Evidence

In United States v. Sampson, decided August 6, 2018, the Court (Cabranes, Livingston, Carney, C.J.J.) reversed the district court’s dismissal of embezzlement charges levied against former New York State Senator John Sampson…more

Criminal Convictions, Criminal Prosecution, Embezzlement, False Statements, Federal Rules of Criminal Procedure

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Peter Vogel

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved Nationally

Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest that…more

Discrimination, First Amendment, Grants, Hedge Funds, Race Discrimination

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Jonah Wacholder

Bankruptcy Court Issues New Decision on Recognition of Foreign Proceedings Under Chapter 15

The U.S. bankruptcy court in New York recently issued an important decision under Chapter 15 of the U.S. Bankruptcy Code concerning the restructuring of U.S. law governed debt in a foreign insolvency proceeding. In re Mega Newco…more

Bankruptcy Code, Bankruptcy Court, Chapter 15, Corporate Restructuring, Cross-Border Transactions

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Henry Wainhouse

Joint Juice Ruling Fails to Quench Thirst for Guidance on Class-Wide Statutory Damages Awards

A few months ago, we previewed an imminent decision that would address, for the first time, a long-unsettled question for class actions brought under New York’s General Business Law (“GBL”): can a class of consumers obtain…more

Beverage Manufacturers, Class Action, Statutory Damages

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Kaiying Wang

Takeaways from the SEC Division of Enforcement’s FY 2024 Report

On November 22, 2024, the Securities and Exchange Commission (the “SEC”) published its enforcement results for fiscal year of 2024. The report shows a mixed result. The SEC only brought 583 actions in FY 2024, a 26% decrease…more

Compliance, Dodd-Frank, Enforcement Actions, Enforcement Priorities, Regulatory Requirements

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Frederick Warder III

FDA Promises Guidance on Lawful Off-Label Promotion

In June, the U.S. Food and Drug Administration (the "FDA") announced that by the end of the year, the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion. The…more

Draft Guidance, Enforcement, Federal Trade Commission (FTC), Financial Conduct Authority (FCA), Food and Drug Administration (FDA)

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Isaac Weingram

FDA Authorizes First Direct-to-Consumer Test for BRCA Gene Mutations

On March 6, 2018, the U.S. Food and Drug Administration (“FDA”) authorized, with special controls, the first direct-to-consumer test to detect the presence of genetic mutations in the BRCA1 and BRCA2 genes (“BRCA genes”)…more

23andMe, Biotechnology, BRCA, Cancer, Direct to Consumer Sales

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Matthew Weiss

Judge Hellerstein Finds “Substantial Sales Activity” in U.S. Defeats MTD

United States District Judge Alvin K. Hellerstein (S.D.N.Y.) recently denied Defendant R-PAC International LLC’s motion to dismiss Plaintiff Adasa Inc.’s patent infringement complaint. Slip Op. at 1. Defendant moved under Fed…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Maxwell Weiss

Court Orders Removal of Couple from Upper East Side Mansion

While the bankruptcy world’s eyes are locked on the genetic code up for auction in 23andMe’s chapter 11 proceedings, we are also focused on a more old fashioned asset: New York City real estate. 19 East 75th Street (the…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Limited Liability Company (LLC), Property Owners

See all updates »

Caitlyn Wigler

Trump’s January 2025 Executive Orders: Implications for Employers

Introduction - Shortly after his second inauguration, President Trump signed a series of executive orders addressing diversity, equity, and inclusion (“DEI”) programs in the federal government and supplanting such initiatives…more

Affirmative Action, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Executive Orders

See all updates »

Christopher Wilds

Court Considers Emails and Letters as “Documentary Evidence” in Dismissing Legal Malpractice Complaint Pursuant to CPLR 3211(a)(1) and (a)(7)

Citing “substantial documentary evidence” consisting of emails and letters, Justice Borrok of Manhattan’s Commercial Division concluded that a legal malpractice claim brought by former president of Universal Music Group’s…more

Attorney Malpractice, Commercial Court, Discovery, Dismissals, Electronic Communications

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Basil Williams

Trekkies, Rejoice: Judge Schofield Denies Motion in Limine Regarding Star Trek Materials

Judge Schofield recently resolved several motions in limine brought by Plaintiff Kewazinga Corporation in a patent infringement lawsuit against Google. Among the most notable rulings was her denial of a motion in…more

Google, Patent Infringement, Patent Litigation, Patents

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John Winter

HHS Broadens Scope of PREP Act Immunity for Individuals and Entities Fighting COVID-19

On December 3, 2020, the Secretary of the Department of Health and Human Services issued a fourth amended PREP Act declaration expanding the scope of immunity for covered entities engaged in the provision of goods and services…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Distributors, Healthcare Workers, Immunity

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Danhui Xu

Justice Department Withdraws Guidance on Information-Sharing

A few weeks ago, the Justice Department’s Antitrust Division announced the withdrawal of three long-standing policy statements related to antitrust enforcement in healthcare markets — Department of Justice and FTC Antitrust…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Health Care Providers, Information Governance

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Steven Zalesin

In re Asacol: First Circuit Sharply Limits Certification of Antitrust Classes Containing Uninjured Members

In a recent decision, the U.S. Court of Appeals for the First Circuit held that Rule 23’s “predominance” requirement barred certification of a class of all indirect purchasers of a prescription drug because the class included…more

Anti-Competitive, Antitrust Litigation, Class Action, Class Certification, Putative Class Actions

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Justin Zaremby

Section 83(b) Elections — Should You Pay Taxes Now?

In startups and early-stage companies, founders often receive restricted equity grants as compensation for their services. With some planning, founders can potentially lower the taxes they pay on the appreciation of the equity…more

Employee Benefits, Filing Deadlines, Income Taxes, IRC Section 83(b), IRS

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