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Erika K. Birk

Associate

New York, NY 212.336.2640

Erika K. Birk

Associate

New York, NY 212.336.2640

Erika Birk is an Associate in the firm's Litigation Department. From 2024-2026, Ms. Birk served as a law clerk to the Hon. Henry J. Ricardo of the U.S. District Court for the Southern District of New York.

New York
U.S. District Court, Southern and Eastern Districts of New York

University of Maryland Francis King Carey School of Law (J.D., magna cum laude)
- Executive Articles Editor, Maryland Law Review
- Order of the Coif
- Elizabeth Maxwell Carroll Chesnut Prize
Colgate University (B.A., magna cum laude)

Publications

July 26, 2023

TikTok Ban on Government Contractors’ Devices

In recent years, TikTok has become one of the most popular social media apps in the United States, with more than 150 million users,[i] and the most popular smartphone app in the United States.[ii] Despite its widespread popularity in the...

March 1, 2023

Nothing Fishy About Expecting Consumers to Read the Ingredient List

Four years ago, in a widely covered decision, the Second Circuit held that the phrases “WHOLE GRAIN” and “MADE WITH WHOLE GRAIN” on the front of Cheez-It cracker boxes could plausibly deceive reasonable consumers into believing “that the grain in...

July 26, 2023

TikTok Ban on Government Contractors’ Devices

In recent years, TikTok has become one of the most popular social media apps in the United States, with more than 150 million users,[i] and the most popular smartphone app in the United States.[ii] Despite its widespread popularity in the...

March 1, 2023

Nothing Fishy About Expecting Consumers to Read the Ingredient List

Four years ago, in a widely covered decision, the Second Circuit held that the phrases “WHOLE GRAIN” and “MADE WITH WHOLE GRAIN” on the front of Cheez-It cracker boxes could plausibly deceive reasonable consumers into believing “that the grain in...

All Publications

Firm Highlights

Bankruptcy Court Denies Motions to Convert Case and to Appoint an Examiner

A bankruptcy judge has ruled that a debtor can satisfy the Bankruptcy Code’s rehabilitation standard by selling its assets as a going concern and thereby avoid conversion from chapter 11 to chapter 7. In the same decision, the court denied a motion seeking the appointment of what the movants called an “examiner with expanded powers.” In re Deqser, LLC, Case No. 25-10687, 2026 Bankr. LEXIS 1004 (Bankr. D. Del. Apr. 22, 2026). The debtors operated a laundry business that serviced hotels located in New York City. The business suffered a downturn following an electrical fire at its facility as well as problems with its software. The debtors filed chapter 11 in early 2025. During their case, the debtors lost about $200,000 a...

Firm Files False Advertising Lawsuit on Behalf of Danone US

On June 15, 2026, Patterson Belknap filed a false advertising lawsuit on behalf of Danone US, LLC against rival Chobani LLC. To read a copy of the complaint, please click here.

New Executive Order Regarding IRA Enhancements

Introduction On April 30, 2026, President Trump signed an Executive Order (the “Order”) designed to expand access to retirement savings for the tens of millions of American workers who currently lack employer-sponsored retirement plans, including many small-business employees, part-time workers, independent contractors, and self-employed individuals facing barriers to saving for retirement. The Order is designed to complement the Federal Saver's Match enacted under the SECURE 2.0 Act, which provides eligible workers with a federal matching contribution of up to $1,000 for retirement savings, and to promote high-quality, low-cost individual retirement account (“IRA”) access. Key Provisions and Implications The Order directs the Secretary of the Treasury (the “Secretary”) to establish, by January 1, 2027, an informational website (TrumpIRA.gov) that will serve as a...

Justin Zaremby to Speak at NACUA's 2026 Annual Conference

On Tuesday, June 30, Partner Justin Zaremby will speak on a panel at the National Association of College and University Attorneys 2026 Annual Conference titled "Gifts and Endowments 101: Balancing Long-Term Planning with Short-Term Pressure." Mr. Zaremby will join Quinn Williams (General Counsel, University of Wisconsin) and Brittany Cvetanovich (Counsel, Massachusetts Institute of Technology) to explore the challenges of accepting and documenting charitable gifts and share considerations for managing complex gifting scenarios. To learn more, please click here.

Insider Trading Safeguards Can Mitigate Sports Betting Risk

From sports betting to prediction markets, the phenomenon some call "the casino-ification of America" has captured the American zeitgeist. Sports betting in particular has become ubiquitous since the U.S. Supreme Court's 2018 decision in Murphy v. NCAA, which opened the door for states to legalize sports gambling. Fans can now regularly bet on games and player performances directly from their smartphones. And, as several recent criminal indictments have alleged, some bettors are capitalizing on their access to inside information to obtain an unfair advantage on their wagers. This article will discuss how, because sports-related inside information continues to become more valuable, organizations including professional sports leagues, governing bodies, college athletic conferences, athletic departments and teams are playing an increasingly prominent role in...

Rest Assured: Pillow Design Patent Survives Inventorship and Invalidity Challenges

On June 7, 2026, District Judge Brian Cogan (E.D.N.Y.) granted Plaintiff Hit Notion LLC’s (Hit Notion’s) summary judgment motion on patent inventorship, on-sale bar, and obviousness, denying a summary judgment motion by Defendant Digitalprints USA Corporation d/b/a Cheer Collection (Cheer Collection) for invalidity based on similar issues and indefiniteness. Hit Notion LLC v. Digitalprints USA Corp., No. 24-cv-7986, 2026 BL 219173 (E.D.N.Y. June 7, 2026). This dispute arose in March 2017 when the parties, both pillow retailers, requested custom pillow designs from the same Chinese pillow manufacturer, MJ Textile. MJ Textile sent the same photo of a sample pillow to both parties, and the parties unknowingly purchased and began selling similar pillows. Id. at *1-2. Hit Notion filed a patent application for...

Retention of Bankruptcy Professionals: Court Concludes that a Debtor’s First Cousin is Not a “Relative” and Thus Not an “Insider”

A professional seeking to represent a debtor under Bankruptcy Code section 327(a) must not hold an interest adverse to the bankruptcy estate and must be disinterested. A debtor’s insiders often cannot satisfy these tests. The Bankruptcy Code defines “insider” to include a “relative” of the debtor. And a “relative” is someone related to the debtor “within the third degree as determined by the common law." What does this latter phrase mean and how is it applied? In a recent case, a chapter 11 debtor sought to employ an accounting firm under section 327(a). The principal of the accounting firm was the first cousin of the owner of the debtor corporation. The U.S. Trustee objected to the retention, arguing that the debtor’s cousin was an...

Employment Law Compliance for Start-Ups

Before you press "go" to launch your next business idea, as a founder and entrepreneur of a start-up company you should address an important (if uninspiring) step: employment law compliance. Complacency now can turn into an expensive distraction later, with the potential to create surprise liabilities and maybe even scuttle future deals. This alert flags core employment law issues every start-up should tackle now so they don't snowball later. Onboarding Compliance Checklist Before work can begin, employers must check an ever-growing number of compliance boxes: Register to Do Business: Register your company in each state where you have employees (e.g., the local departments of tax, labor, state, etc.). Workers' Compensation and Unemployment Insurance: Obtain both in each state where you have employees. New Hire Reporting:...

Firm Recognized With Top-Tier Rankings in The Legal 500 2026

Patterson Belknap is proud to announce that the firm has been recognized in The Legal 500’s United States guide as well as in its New York Elite and Private Client guides. The following firm practices were recognized by The Legal 500: Advertising and Marketing: Litigation – United States Art and Cultural Property – Private Client Cybersecurity and Data Protection – New York Elite Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Not-For-Profit: Fortune 1000 Private Foundations, National Trade Associations, and Charities – United States In addition, the following firm attorneys received recognition: Anne-Laure Alléhaut in Art and Cultural Property – Private Client H. Gregory Baker in Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Michael F. Buchanan in Dispute Resolution: Corporate Investigations and...

Julie Simeone to Speak on Trade Secrets Panel

On Monday, June 29, Partner Julie Simeone will speak on a World Services Group webinar titled "The Invisible Asset: Trade Secrets in US and Canada." Ms. Simeone will join Chantal Desjardins (Partner and Trademark Agent, Lavery) and James Duffy (Patent Agent and Senior Associate, Lavery) for a practical panel on trade secret protection enforcement examining how businesses identify and safeguard confidential information across the commercial lifecycle. To learn more, please click here.

Bankruptcy Court Denies Motions to Convert Case and to Appoint an Examiner

A bankruptcy judge has ruled that a debtor can satisfy the Bankruptcy Code’s rehabilitation standard by selling its assets as a going concern and thereby avoid conversion from chapter 11 to chapter 7. In the same decision, the court denied a motion seeking the appointment of what the movants called an “examiner with expanded powers.” In re Deqser, LLC, Case No. 25-10687, 2026 Bankr. LEXIS 1004 (Bankr. D. Del. Apr. 22, 2026). The debtors operated a laundry business that serviced hotels located in New York City. The business suffered a downturn following an electrical fire at its facility as well as problems with its software. The debtors filed chapter 11 in early 2025. During their case, the debtors lost about $200,000 a...

Firm Files False Advertising Lawsuit on Behalf of Danone US

On June 15, 2026, Patterson Belknap filed a false advertising lawsuit on behalf of Danone US, LLC against rival Chobani LLC. To read a copy of the complaint, please click here.

New Executive Order Regarding IRA Enhancements

Introduction On April 30, 2026, President Trump signed an Executive Order (the “Order”) designed to expand access to retirement savings for the tens of millions of American workers who currently lack employer-sponsored retirement plans, including many small-business employees, part-time workers, independent contractors, and self-employed individuals facing barriers to saving for retirement. The Order is designed to complement the Federal Saver's Match enacted under the SECURE 2.0 Act, which provides eligible workers with a federal matching contribution of up to $1,000 for retirement savings, and to promote high-quality, low-cost individual retirement account (“IRA”) access. Key Provisions and Implications The Order directs the Secretary of the Treasury (the “Secretary”) to establish, by January 1, 2027, an informational website (TrumpIRA.gov) that will serve as a...

Justin Zaremby to Speak at NACUA's 2026 Annual Conference

On Tuesday, June 30, Partner Justin Zaremby will speak on a panel at the National Association of College and University Attorneys 2026 Annual Conference titled "Gifts and Endowments 101: Balancing Long-Term Planning with Short-Term Pressure." Mr. Zaremby will join Quinn Williams (General Counsel, University of Wisconsin) and Brittany Cvetanovich (Counsel, Massachusetts Institute of Technology) to explore the challenges of accepting and documenting charitable gifts and share considerations for managing complex gifting scenarios. To learn more, please click here.

Insider Trading Safeguards Can Mitigate Sports Betting Risk

From sports betting to prediction markets, the phenomenon some call "the casino-ification of America" has captured the American zeitgeist. Sports betting in particular has become ubiquitous since the U.S. Supreme Court's 2018 decision in Murphy v. NCAA, which opened the door for states to legalize sports gambling. Fans can now regularly bet on games and player performances directly from their smartphones. And, as several recent criminal indictments have alleged, some bettors are capitalizing on their access to inside information to obtain an unfair advantage on their wagers. This article will discuss how, because sports-related inside information continues to become more valuable, organizations including professional sports leagues, governing bodies, college athletic conferences, athletic departments and teams are playing an increasingly prominent role in...

Rest Assured: Pillow Design Patent Survives Inventorship and Invalidity Challenges

On June 7, 2026, District Judge Brian Cogan (E.D.N.Y.) granted Plaintiff Hit Notion LLC’s (Hit Notion’s) summary judgment motion on patent inventorship, on-sale bar, and obviousness, denying a summary judgment motion by Defendant Digitalprints USA Corporation d/b/a Cheer Collection (Cheer Collection) for invalidity based on similar issues and indefiniteness. Hit Notion LLC v. Digitalprints USA Corp., No. 24-cv-7986, 2026 BL 219173 (E.D.N.Y. June 7, 2026). This dispute arose in March 2017 when the parties, both pillow retailers, requested custom pillow designs from the same Chinese pillow manufacturer, MJ Textile. MJ Textile sent the same photo of a sample pillow to both parties, and the parties unknowingly purchased and began selling similar pillows. Id. at *1-2. Hit Notion filed a patent application for...