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Firm News

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October 4, 2024

Firm Continues to Achieve Top Rankings in Benchmark Litigation's 2025 Guide

August 26, 2024

Lauren Schorr Potter Named as 2024 NYLJ Rising Star

August 22, 2024

Henry J. Ricardo Selected as SDNY Magistrate Judge

August 14, 2024

Barbara Mullin Named Among Benchmark Litigation's 2024 Top 250 Women in Litigation

July 18, 2024

Patterson Belknap Recognized by Chambers High Net Worth 2024

July 10, 2024

Firm Ranked in the Top 5 of The American Lawyer's 2024 Pro Bono Scorecard

June 17, 2024

Firm Files Amicus Briefs on Behalf of New York Council of Defense Lawyers

June 14, 2024

Firm Secures Third Consecutive Patent Litigation Win for Janssen Pharmaceuticals

June 13, 2024

Firm Files Discrimination Lawsuit on Behalf of Fair Housing Justice Center

June 12, 2024

Firm Continues to Earn Top-Tier Rankings in The Legal 500 United States 2024 Edition

June 6, 2024

20 Patterson Belknap Attorneys and Six Practices Recognized in Chambers USA 2024

May 28, 2024

Patterson Belknap Secures Victory for New Hampshire Educators in U.S. District Court

April 3, 2024

Firm Secures Mid-Trial Dismissal on Behalf of Universal Remote Control, Inc.

January 24, 2024

Firm Secures Win for Janssen in Arbitration

January 22, 2024

Patterson Belknap Shortlisted for 2024 Benchmark Litigation New York Award

January 8, 2024

Patterson Belknap Bolsters White Collar Defense and Investigations Practice with the Addition of Former Federal Prosecutor Robert J. Cleary

December 19, 2023

Litigation Partner, Harry Sandick, Elected to the American Law Institute

December 18, 2023

Patterson Belknap Announces Two New Partners and Six Counsel

December 15, 2023

Firm Secures Settlement in Multi-Million Dollar Investment Fraud Case

December 11, 2023

Geoffrey Potter Featured in CNBC Segment on Counterfeit Drug Schemes

October 31, 2023

Partner Bill Cavanaugh Represents Lead State Plaintiffs Colorado and Nebraska in Google Monopoly Search Lawsuit

October 20, 2023

Firm Attorneys Recognized for Pro Bono Work by New York County Lawyers Association

October 10, 2023

Firm Achieves Top Rankings in Benchmark Litigation’s 2024 Guide

September 28, 2023

Firm Represents Plaintiffs in Florida Redistricting Trial

September 13, 2023

Firm Helps Secure Grants of Clemency for Pro Bono Client

August 15, 2023

Robert M. Pennoyer, 1925-2023

August 1, 2023

Patterson Belknap Named to The American Lawyer’s 2023 “A-List” of Most Prestigious Law Firms

July 20, 2023

Patterson Belknap Recognized by Chambers High Net Worth 2023

June 19, 2023

Dahlia Doumar Named Among Crain’s New York Business’ 2023 Notable Women in Law

June 15, 2023

Partner Lisa E. Cleary Honored at NYLPI Law & Society Awards Luncheon

June 14, 2023

Patterson Belknap Wins Appeal of Pro Bono Client’s Conviction in the New Jersey Supreme Court

June 7, 2023

Firm Continues to Earn Top-Tier Practice Rankings in The Legal 500 United States 2023 Edition

June 6, 2023

Patterson Belknap and The Center for Constitutional Rights Successfully Quash Government Subpoenas on Behalf of Immigrant Rights Organizations

June 1, 2023

17 Patterson Belknap Attorneys and Six Practices Receive Recognition in Chambers USA 2023

May 26, 2023

Firm Secures Another Major Patent Litigation Win for Janssen Pharmaceuticals

May 19, 2023

Firm Secures Preliminary Injunction in Baldwin County Bridge Litigation Dispute

May 1, 2023

Joshua Goldberg Featured in The American Lawyer's "Litigation Leaders" Series

April 28, 2023

Firm Secures Notable Dismissal for The Coca-Cola Company in Advertising Litigation Case

April 3, 2023

Saul B. Shapiro and Steve Zalesin Named to the National Law Journal’s Media & Advertising Law 2023 Trailblazers List

March 31, 2023

Firm Secures $33 Million Judgment in Trademark Suit

March 29, 2023

Patterson Belknap and The Center for Constitutional Rights Challenge State Attorney General Subpoenas on Behalf of Louisiana Immigrant Rights Organizations

March 28, 2023

Patterson Belknap Submits Comments on Proposed Federal Regulation on Behalf of the National Citizen and Immigration Services Council 119

March 17, 2023

Patterson Belknap Named Benchmark Litigation’s 2023 “New York Firm of the Year” and “Impact Case” Award Winner

March 15, 2023

Firm Achieves Victory in Patent Litigation Dispute for Major Electronics Manufacturer

March 14, 2023

Firm Secures $131.4 Million Judgment in HIV Drug Program Case

February 8, 2023

Patterson Belknap and Advocates for Children Win Appellate Victory for Students with Disabilities

February 1, 2023

Partner Peter C. Harvey Appointed by Attorney General's Office to Lead New Jersey Election Investigation

January 30, 2023

Firm Secures Decision On Behalf of Johnson & Johnson Allowing Patient Assistance Dispute to Proceed

Page 2 of 13

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Firm Highlights

Publication
Ninth Circuit Finds First Amendment Right to Donate to Patient Assistance Charities, With Possible Impact on Enforcement of Federal Anti-Kickback Statute
Last week, the Ninth Circuit issued a published decision striking down California’s Assembly Bill 290 (“AB 290”) on First Amendment grounds. See Fresenius Med. Care Orange Cnty., LLC v. Bonta, No. 24-3654 (9th Cir. Apr. 7, 2026). Its central holding was that providers of medical services have a protected First Amendment right to make donations to patient assistance charities that engage in expressive activity, even if those donations are driven by commercial self-interest. Although the case did not directly involve the federal Anti-Kickback Statute (“AKS”)—or any federal statute—it arguably calls into question the constitutionality of AKS proceedings often brought against pharmaceutical manufacturers that make analogous donations to patient assistance charities out of alleged self-interest. AB 290, the California statute at issue...
Event
Geoffrey Potter to Speak at National Association of Boards of Pharmacy 122nd Annual Meeting
On Wednesday, May 13, Partner Geoffrey Potter will present a program at the National Association of Boards of Pharmacy's 122nd Annual Meeting on the illegal importation of pharmaceuticals by alternative funding programs for employer-sponsored health plans. He will open a panel presentation titled "The Increasing Complexity of the Supply Chain: Shining a Light on Alternative Funding Programs and Prescription Drug Facilitators/Non-Dispensing 'Pharmacies.'" He will speak about how millions of insured workers and their families are forced to use dangerous and illegal misbranded medications paid for by their healthcare plans and what pharmacy boards can do to stop it.  To learn more, please click here.
Event
Jenny Longman to Speak at American Bar Association's 2026 May Tax Meeting
On Friday, May 8, Counsel Jenny Longman will speak on a panel at the American Bar Association's 2026 May Tax Meeting entitled "Entering the U.S. Tax System: Key Rules, Risks, and Planning Opportunities for High Net Worth Individuals." Ms. Longman will join Heather Fincher (Associate, Kostelanetz), Kirsten Burmester (Member, Caplin & Drysdale), Seth Entin (Shareholder, Greenberg Traurig), and John Fusco (Principal, EY) to share an overview of important U.S. federal income and transfer tax considerations for high-net-worth individuals and families seeking to immigrate to the U.S., along with practical strategies for evaluating existing structures, reducing risks of double taxation, and identifying planning opportunities while avoiding common pitfalls. To learn more, please click here.
Blog Post
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...
Blog Post
SEC Enforcement Results for FY 2025: “Unique Period of Transition”
The Securities and Exchange Commission issued a press release on April 7, 2026, announcing the agency’s enforcement results for transitional period under the new presidential administration.[1] Describing FY 2025 as “a unique period of transition,” the statement pointed to a pulse of enforcement actions initiated between October and December 2024 [2] under outgoing SEC Chair Gary Gensler, critiquing the activity as “unprecedented rush” and the focus as an “aggressive pursuit of novel legal theories.”[3]. Current SEC Chair Paul S. Atkins described the shift as having “redirected resources toward the types of misconduct that inflict the greatest harm—particularly fraud, market manipulation, and abuses of trust.”[4] During FY 2025, the SEC brought 303 standalone enforcement actions, a combination of civil suits and administrative procedures that...
Firm News
Firm Secures Appellate Victory on Behalf of Brita Products Company
On April 16, 2026, the firm secured an appellate victory on behalf of Brita Products Company ("Brita"), a unit of The Clorox Company, in a putative class action challenging the labeling of Brita's water filtration products. The U.S. Court of Appeals for the Ninth Circuit upheld a lower court ruling dismissing the complaint, agreeing that the product labeling contained no misstatements and would not mislead a reasonable consumer.  Plaintiff originally sued Brita in the U.S. District Court for the Central District of California, alleging that certain representations on the products’ labels, such as “Cleaner, Great-Tasting Water,” implied that the filters fully remove all contaminants from tap water or reduce them to levels below lab detection limits. The district court granted Brita’s motion to dismiss...
Blog Post
It’s All Relative: Judge Komitee Holds That an Infringing Sale Can Take Place at Multiple Times Both Before and After a Patent Issues
Judge Eric Komitee recently denied a motion to dismiss patent infringement claims accusing flood prevention products sold pursuant to a contract that was entered into before the patent issued but delivered and installed after issuance.   In 2013, plaintiff FloodBreak, LLC filed its patent application for a device that prevents flooding in subway systems. In 2016, while that application was pending, defendants T. Moriarty & Son, Inc. and James P. Moriarty, Jr. (collectively, “TMS”) contracted with the Metropolitan Transportation Authority (“MTA”) to supply flood-mitigation devices for the New York City subway. After the patent issued in 2017, FloodBreak sued TMS’s supplier and obtained a stipulated judgment that its devices infringe. FloodBreak then filed suit against TMS alleging infringement by TMS’s offer...
Firm News
Firm Achieves Significant Lanham Act Win for Johnson & Johnson
On April 17, 2026, Patterson Belknap secured a significant victory for our clients, Johnson & Johnson and Janssen Biotech, Inc. (“J&J”), when the U.S. District Court for the Southern District of New York denied a preliminary injunction in a Lanham Act suit filed by Bayer HealthCare LLC (“Bayer”).   The dispute concerned a retrospective scientific study sponsored by J&J that compared the real-world efficacy of both companies’ prostate cancer medications, concluding that J&J’s ERLEADA was associated with a reduction in overall risk of death approximately 50% greater than Bayer’s NUBEQA. Bayer alleged that the study was methodologically flawed, and that J&J’s publication of the study results therefore constituted “false advertising.” The statements at issue included a presentation given by the study authors at a medical...
Publication
Department of Labor Proposes New Safe Harbor for Fiduciary Investment Selection in Participant-Directed Retirement Plans
Introduction On March 24, 2026, the Department of Labor (the “Department”) published proposed regulations (the “Proposed Regulations”) implementing Section 3(c) of President Trump's Executive Order 14330, titled "Democratizing Access to Alternative Assets for 401(k) Investors" (the “Order”). The Proposed Regulations address the fiduciary duty of prudence under the Employee Retirement Income Security Act of 1974 ("ERISA") related to the selection of investment options for participant-directed individual account plans, including alternative investments as defined under the Order (“Alternative Investments”)[1]. The stated goal of the Proposed Regulations is to alleviate regulatory burdens and litigation risks that, in the Department's view, have interfered with the ability of American workers to achieve sufficiently competitive returns and meaningful asset diversification through their retirement accounts. The Department...
Publication
Fresenius Ruling May Shift Anti-Kickback Enforcement
When is it illegal to donate to a charity? According to the federal government, when you're a pharmaceutical manufacturer, and the charity helps Medicare patients afford your medicines. The government has argued that such donations may be illegal kickbacks. Courts have largely agreed with this view, but a recent decision by the U.S. Court of Appeals for the Ninth Circuit in Fresenius Medical Care Orange County LLC v. Bonta raises new doubts, suggesting that businesses have a First Amendment right to donate to certain charities — even when those donations are motivated by economic self-interest and have distortive economic effects. To continue reading Jonah Knobler's article in Law360, click here.
Publication
Ninth Circuit Finds First Amendment Right to Donate to Patient Assistance Charities, With Possible Impact on Enforcement of Federal Anti-Kickback Statute
Last week, the Ninth Circuit issued a published decision striking down California’s Assembly Bill 290 (“AB 290”) on First Amendment grounds. See Fresenius Med. Care Orange Cnty., LLC v. Bonta, No. 24-3654 (9th Cir. Apr. 7, 2026). Its central holding was that providers of medical services have a protected First Amendment right to make donations to patient assistance charities that engage in expressive activity, even if those donations are driven by commercial self-interest. Although the case did not directly involve the federal Anti-Kickback Statute (“AKS”)—or any federal statute—it arguably calls into question the constitutionality of AKS proceedings often brought against pharmaceutical manufacturers that make analogous donations to patient assistance charities out of alleged self-interest. AB 290, the California statute at issue...
Event
Geoffrey Potter to Speak at National Association of Boards of Pharmacy 122nd Annual Meeting
On Wednesday, May 13, Partner Geoffrey Potter will present a program at the National Association of Boards of Pharmacy's 122nd Annual Meeting on the illegal importation of pharmaceuticals by alternative funding programs for employer-sponsored health plans. He will open a panel presentation titled "The Increasing Complexity of the Supply Chain: Shining a Light on Alternative Funding Programs and Prescription Drug Facilitators/Non-Dispensing 'Pharmacies.'" He will speak about how millions of insured workers and their families are forced to use dangerous and illegal misbranded medications paid for by their healthcare plans and what pharmacy boards can do to stop it.  To learn more, please click here.
Event
Jenny Longman to Speak at American Bar Association's 2026 May Tax Meeting
On Friday, May 8, Counsel Jenny Longman will speak on a panel at the American Bar Association's 2026 May Tax Meeting entitled "Entering the U.S. Tax System: Key Rules, Risks, and Planning Opportunities for High Net Worth Individuals." Ms. Longman will join Heather Fincher (Associate, Kostelanetz), Kirsten Burmester (Member, Caplin & Drysdale), Seth Entin (Shareholder, Greenberg Traurig), and John Fusco (Principal, EY) to share an overview of important U.S. federal income and transfer tax considerations for high-net-worth individuals and families seeking to immigrate to the U.S., along with practical strategies for evaluating existing structures, reducing risks of double taxation, and identifying planning opportunities while avoiding common pitfalls. To learn more, please click here.
Blog Post
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...
Blog Post
SEC Enforcement Results for FY 2025: “Unique Period of Transition”
The Securities and Exchange Commission issued a press release on April 7, 2026, announcing the agency’s enforcement results for transitional period under the new presidential administration.[1] Describing FY 2025 as “a unique period of transition,” the statement pointed to a pulse of enforcement actions initiated between October and December 2024 [2] under outgoing SEC Chair Gary Gensler, critiquing the activity as “unprecedented rush” and the focus as an “aggressive pursuit of novel legal theories.”[3]. Current SEC Chair Paul S. Atkins described the shift as having “redirected resources toward the types of misconduct that inflict the greatest harm—particularly fraud, market manipulation, and abuses of trust.”[4] During FY 2025, the SEC brought 303 standalone enforcement actions, a combination of civil suits and administrative procedures that...
Firm News
Firm Secures Appellate Victory on Behalf of Brita Products Company
On April 16, 2026, the firm secured an appellate victory on behalf of Brita Products Company ("Brita"), a unit of The Clorox Company, in a putative class action challenging the labeling of Brita's water filtration products. The U.S. Court of Appeals for the Ninth Circuit upheld a lower court ruling dismissing the complaint, agreeing that the product labeling contained no misstatements and would not mislead a reasonable consumer.  Plaintiff originally sued Brita in the U.S. District Court for the Central District of California, alleging that certain representations on the products’ labels, such as “Cleaner, Great-Tasting Water,” implied that the filters fully remove all contaminants from tap water or reduce them to levels below lab detection limits. The district court granted Brita’s motion to dismiss...
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