Bill of Rights, Part 3: Military Amendments
June 25, 2019
Harry Sandick
The Patterson team discusses the English and colonial antecedents of the Second Amendment, the fear of standing armies motivating its proposal, and the Congressional modifications before ratification. We then examine every federal appellate case interpreting the Third Amendment. (It doesn’t take long.)
Firm Highlights
Blog Post
SEC Enforcement Launches New Financial Reporting and Accounting Unit
On August 5, 2026, the Securities and Exchange Commission announced its most recent step in its shift of enforcement priorities with the establishment of a new Financial Reporting and Accounting Unit.[1] According to the SEC’s press release, the Unit will operate within the Enforcement Division as a central resource for all SEC divisions pursuing financial reporting fraud as well as broader efforts.[2]
This move is the latest in Chair Atkin’s efforts to “retur[n] the agency to its core mission of protecting investors; facilitating capital formation; and maintaining fair, orderly, and efficient markets.”[3]
Commenting on the new unit’s launch, David Woodcock, Director of the Agency’s Enforcement Division, stated:
Since my return to the Division, I have been assessing every aspect of our staffing to...
Blog Post
You Win Some and Lose Some: Judge Liman Decides Competing Motions to Compel
On September 4, 2026, District Judge Lewis J. Liman (S.D.N.Y.) granted in part and denied in part Plaintiff Lashify, Inc.’s (“Lashify”) motion to compel discovery and denied Defendants Qingdao Network Technology Co., Ltd., d/b/a UCoolMe and Vivicute Limited’s (“UCoolMe”) motion to compel. Lashify, Inc. v. Qingdao Network Tech. Co., Ltd., No. 25-cv-4183 (S.D.N.Y. Sep. 4, 2026).
Lashify’s Motion to Compel
Lashify moved to compel UCoolMe to provide responses to discovery requests relating to: (i) product samples and raw materials; (ii) manufacturing; (iii) employees and supply chain; (iv) marketing; and (v) finances. Id. at *2. The Court found that each of those topics were relevant under Fed. R. Civ. P. 26(a) and that UCoolMe did not sufficiently respond to discovery requests related to...
Publication
DOJ Issues Press Release on Liability for Unregistered Foreign Agents
On September 16, 2026, the Department of Justice (“DOJ”) issued a press release “remind[ing] the public of federal laws that require individuals to register as foreign agents when they act in the United States at the direction or control of a foreign government or foreign principal, and that they will face civil and criminal liability if they fail to do so.” The press release points specifically to two federal laws that require such registration: the Foreign Agents Registration Act (“FARA”), 22 U.S.C. § 611 et seq., and 18 U.S.C. § 951. The press release is a departure from former Attorney General Pam Bondi’s February 5, 2025 memorandum to DOJ employees, which directed that criminal charges under FARA should be limited...
Publication
How Cos. Can Fight Consumers' Tariff Refund Class Actions
On Feb. 20, the U.S. Supreme Court held in Learning Resources Inc. v. Trump that the International Emergency Economic Powers Act, or IEEPA, does not authorize the president to impose tariffs. The decision immediately invalidated an estimated $165 billion or more in customs duties collected on imports over the preceding year.
In its wake, a wave of consumer class actions has emerged against retailers, brands, manufacturers and logistics companies, alleging that those businesses unjustly profited by passing unlawful tariff costs to consumers, while simultaneously pursuing, or being eligible for, government refunds of those same tariffs.
In June, the federal government appealed the U.S. Court of International Trade's March 4 order requiring refunds on all duties paid under the IEEPA. Some companies have announced that they will pass refunds along to...
Event
Michael Arlein to Speak on Barbri Webinar
On Thursday, October 1, Partner Michael Arlein will speak on a Barbri webinar titled "Planning for Cryptocurrency Investors: Estate Planning, Asset Protection, and Investments." Mr. Arlein will be joined by Matt E. Kirk (Partner, Holland & Knight) to explore the latest developments in federal cryptocurrency regulations and their impact on asset management and share effective planning strategies for owning and investing in cryptocurrency.
To learn more, please click here.
Firm News
Firm Secures Complete Patent Litigation Victory on Behalf of J&J
On August 31, 2026, Patterson Belknap secured a victory on behalf of Janssen Pharmaceuticals, Inc. (a subsidiary of Johnson & Johnson) in a Hatch-Waxman patent infringement litigation relating to Spravato®, its blockbuster esketamine nasal spray approved for the treatment of treatment-resistant depression and major depressive disorder with suicidal ideation.
This litigation was initiated after an ANDA filing by Sandoz, Inc. (“Sandoz”) in 2023, seeking FDA approval for its generic version of Spravato. Janssen asserted that Sandoz’s proposed generic product would infringe certain claims of U.S. Patent Nos. 11,446,260, 10,869,844; 11,173,134; and 11,311,500. Sandoz counterclaimed for declaratory judgment that each of the asserted patent claims was invalid under 35 U.S.C. §103 and/or § 112. On August 31, 2026, the U.S. District...
Event
Michael Arlein to Speak at QSBS Rollover's 2026 QSBS Summit
On Thursday, September 24, Partner Michael Arlein will present a program at QSBS Rollover's 2026 QSBS Summit titled "QSBSmaxxing: The Latest Trends in Stacking Strategies for Founders." Mr. Arlein will discuss how startup founders are using trusts to maximize their QSBS benefits in a post-OBBBA world.
To learn more, please click here.
Firm News
Barbara Mullin Named Among Benchmark Litigation’s 2026 Top 250 Women in Litigation
Partner Barbara Mullin has been named one of Benchmark Litigation’s 2026 Top 250 Women in Litigation. The ranking uses an extensive research process, including “months of investigation into individual litigators’ professional activities as well as client feedback surveys and one-on-one interviews” to identify women who are “top players” in their field.
To learn more, please click here.
Blog Post
AI Companies Find Value in Bankrupt Companies
Spirit Airlines filed for bankruptcy in November 2024 and, after emerging from bankruptcy, filed again in August 2025. During the second case, the company tried to find a way to keep the airline in business but to no avail. In May 2026, Spirit Airlines pivoted towards a wind-down and ceased operations.
This summer, as a part of its wind-down, Spirit Airlines began marketing its remaining assets. It had plenty of traditional assets to sell. For example, the debtors’ bid procedures motion filed in May 2026 listed the following assets: takeoff and landing slots at LaGuardia Airport; aircraft hangar(s); corporate headquarters; training center; multi-family residential buildings; ground service equipment; spare engines; flight simulators; aircraft maintenance equipment; and assets related to the...
Publication
New York State Overhauls Employee Access to Workplace Records
Employers in New York State will soon face extensive mandates that grant New York employees unprecedented access to their personnel records.
By November 8, 2026, employers must provide employees with copies of their personnel records within five days of request, notify employees when certain negative information is added to their files, and comply with new recordkeeping obligations. In a major expansion of employee rights, employers must also allow employees to dispute information contained in their file.
Background
On September 9, 2026, Governor Hochul signed New York Senate Bill S3460 into law, effective November 8, 2026. The law is codified at New York Labor Law § 210-b. Prior to this legislation, an employee’s personnel file was generally considered the property of the employer,...
Blog Post
SEC Enforcement Launches New Financial Reporting and Accounting Unit
On August 5, 2026, the Securities and Exchange Commission announced its most recent step in its shift of enforcement priorities with the establishment of a new Financial Reporting and Accounting Unit.[1] According to the SEC’s press release, the Unit will operate within the Enforcement Division as a central resource for all SEC divisions pursuing financial reporting fraud as well as broader efforts.[2]
This move is the latest in Chair Atkin’s efforts to “retur[n] the agency to its core mission of protecting investors; facilitating capital formation; and maintaining fair, orderly, and efficient markets.”[3]
Commenting on the new unit’s launch, David Woodcock, Director of the Agency’s Enforcement Division, stated:
Since my return to the Division, I have been assessing every aspect of our staffing to...
Blog Post
You Win Some and Lose Some: Judge Liman Decides Competing Motions to Compel
On September 4, 2026, District Judge Lewis J. Liman (S.D.N.Y.) granted in part and denied in part Plaintiff Lashify, Inc.’s (“Lashify”) motion to compel discovery and denied Defendants Qingdao Network Technology Co., Ltd., d/b/a UCoolMe and Vivicute Limited’s (“UCoolMe”) motion to compel. Lashify, Inc. v. Qingdao Network Tech. Co., Ltd., No. 25-cv-4183 (S.D.N.Y. Sep. 4, 2026).
Lashify’s Motion to Compel
Lashify moved to compel UCoolMe to provide responses to discovery requests relating to: (i) product samples and raw materials; (ii) manufacturing; (iii) employees and supply chain; (iv) marketing; and (v) finances. Id. at *2. The Court found that each of those topics were relevant under Fed. R. Civ. P. 26(a) and that UCoolMe did not sufficiently respond to discovery requests related to...
Publication
DOJ Issues Press Release on Liability for Unregistered Foreign Agents
On September 16, 2026, the Department of Justice (“DOJ”) issued a press release “remind[ing] the public of federal laws that require individuals to register as foreign agents when they act in the United States at the direction or control of a foreign government or foreign principal, and that they will face civil and criminal liability if they fail to do so.” The press release points specifically to two federal laws that require such registration: the Foreign Agents Registration Act (“FARA”), 22 U.S.C. § 611 et seq., and 18 U.S.C. § 951. The press release is a departure from former Attorney General Pam Bondi’s February 5, 2025 memorandum to DOJ employees, which directed that criminal charges under FARA should be limited...
Publication
How Cos. Can Fight Consumers' Tariff Refund Class Actions
On Feb. 20, the U.S. Supreme Court held in Learning Resources Inc. v. Trump that the International Emergency Economic Powers Act, or IEEPA, does not authorize the president to impose tariffs. The decision immediately invalidated an estimated $165 billion or more in customs duties collected on imports over the preceding year.
In its wake, a wave of consumer class actions has emerged against retailers, brands, manufacturers and logistics companies, alleging that those businesses unjustly profited by passing unlawful tariff costs to consumers, while simultaneously pursuing, or being eligible for, government refunds of those same tariffs.
In June, the federal government appealed the U.S. Court of International Trade's March 4 order requiring refunds on all duties paid under the IEEPA. Some companies have announced that they will pass refunds along to...
Event
Michael Arlein to Speak on Barbri Webinar
On Thursday, October 1, Partner Michael Arlein will speak on a Barbri webinar titled "Planning for Cryptocurrency Investors: Estate Planning, Asset Protection, and Investments." Mr. Arlein will be joined by Matt E. Kirk (Partner, Holland & Knight) to explore the latest developments in federal cryptocurrency regulations and their impact on asset management and share effective planning strategies for owning and investing in cryptocurrency.
To learn more, please click here.
Firm News
Firm Secures Complete Patent Litigation Victory on Behalf of J&J
On August 31, 2026, Patterson Belknap secured a victory on behalf of Janssen Pharmaceuticals, Inc. (a subsidiary of Johnson & Johnson) in a Hatch-Waxman patent infringement litigation relating to Spravato®, its blockbuster esketamine nasal spray approved for the treatment of treatment-resistant depression and major depressive disorder with suicidal ideation.
This litigation was initiated after an ANDA filing by Sandoz, Inc. (“Sandoz”) in 2023, seeking FDA approval for its generic version of Spravato. Janssen asserted that Sandoz’s proposed generic product would infringe certain claims of U.S. Patent Nos. 11,446,260, 10,869,844; 11,173,134; and 11,311,500. Sandoz counterclaimed for declaratory judgment that each of the asserted patent claims was invalid under 35 U.S.C. §103 and/or § 112. On August 31, 2026, the U.S. District...