Barbara Mullin Named Among Benchmark Litigation’s 2026 Top 250 Women in Litigation

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September 16, 2026

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.

Firm Highlights

Second Circuit Vacates Conviction Based on District Court’s Improper Exclusion of Exculpatory Evidence

In United States v. Roldan, the Second Circuit (Carney, Park, and Robinson) vacated defendant Jey James Roldan Cardenas’s conviction for conspiracy to import cocaine into the United States, finding that the district court erred in excluding evidence related to Roldan’s defense at trial that he lacked the requisite criminal intent. The Second Circuit addressed whether the excluded evidence—testimony from a witness corroborating Roldan’s testimony bearing on his state of mind—was relevant, if its admission would run afoul of Federal Rule of Evidence 404(b), and if its exclusion was harmless. In the course of reversing, the Court determined that the evidence: (i) tended to make it more probable that Roldan did not have the requisite intent; (ii) did not implicate Rule 404(b); and (iii) was...

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...

Clint Morrison to Speak at Association of Corporate Counsel NYC Strategic Counsel Summit

On Tuesday, September 22, Partner Clint Morrison will speak on a panel at the Association of Corporate Counsel NYC's 2026 Strategic Counsel Summit titled "Privilege and Ethical Implications of the In-House Use of GenAI Tools." Mr. Morrison will join Norman Greenberg (Deputy Chief Legal Office Managing Director and General Counsel for Credit and Real Estate, Sculptor Capital) and Sarah Kalin (Deputy General Counsel, Arevon) for a CLE program exploring legal trends relating to the intersection of attorney-client privilege and materials created by in-house lawyers and their non-lawyer colleagues through generative AI tools. To learn more, please click here.

Jason Vitullo to Speak at SCG Legal's 2026 Annual Meeting

On Friday, September 18, Partner Jason Vitullo will speak at SCG Legal's 2026 Annual Meeting, a conference designed to provide timely insights on the latest factors impacting the legal profession to help firms strengthen client relations and capitalize on new opportunities. Mr. Vitullo will speak on a breakout session titled "Litigation in Focus: Navigating Complex Disputes." With Guillermo Bayas Fernández (Partner, AGM Abogados), Enbar Toledano (Partner, Wiley), Charles Van Horn (Shareholder, Berman Fink Van Horn), and Deborah Pollack-Milgate (Partner, Barnes & Thornburg), Mr. Vitullo will discuss the latest trends and best practices in litigation, including managing complex disputes, leveraging technology, and navigating regulatory and cross-border challenges. To learn more, please click here.

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...

IRS Proposes Standardized Rollover Forms and Process to Facilitate Plan-to-Plan Transfers

The Internal Revenue Service (“IRS”) recently released Notice 2026-49 (the “Notice”), proposing sample forms and a standardized five-step process for rollovers to eligible retirement plans under Section 324 of the SECURE 2.0 Act. The proposed process is intended to simplify, standardize, facilitate, and expedite rollovers by shifting toward standardized, electronic, plan-to-plan processing. Use of the sample forms and procedures is currently optional, and the Notice does not provide safe harbors for plans that adopt them. Background The rollover process has long lacked uniformity, and has been burdened with inefficiencies and delays relating to the use of paper checks. The Government Accountability Office (“GAO”) reached similar conclusions in its 2013 and 2024 reports.[1] The Notice cites these concerns and explains that Section 324...

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...

SEC Proposes Regulation E-Delivery: Practical Implications

On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. Comments on the proposal are due September 21, 2026, and the Commission proposes a two-year compliance period following any final rule adoption. In Part 1 of this series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In Part 2, we explained how electronic delivery would function under the proposed rule. In Part 3, we address the practical implications and the potential economic impact...

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...

Second Circuit Vacates Conviction Based on District Court’s Improper Exclusion of Exculpatory Evidence

In United States v. Roldan, the Second Circuit (Carney, Park, and Robinson) vacated defendant Jey James Roldan Cardenas’s conviction for conspiracy to import cocaine into the United States, finding that the district court erred in excluding evidence related to Roldan’s defense at trial that he lacked the requisite criminal intent. The Second Circuit addressed whether the excluded evidence—testimony from a witness corroborating Roldan’s testimony bearing on his state of mind—was relevant, if its admission would run afoul of Federal Rule of Evidence 404(b), and if its exclusion was harmless. In the course of reversing, the Court determined that the evidence: (i) tended to make it more probable that Roldan did not have the requisite intent; (ii) did not implicate Rule 404(b); and (iii) was...

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...

Clint Morrison to Speak at Association of Corporate Counsel NYC Strategic Counsel Summit

On Tuesday, September 22, Partner Clint Morrison will speak on a panel at the Association of Corporate Counsel NYC's 2026 Strategic Counsel Summit titled "Privilege and Ethical Implications of the In-House Use of GenAI Tools." Mr. Morrison will join Norman Greenberg (Deputy Chief Legal Office Managing Director and General Counsel for Credit and Real Estate, Sculptor Capital) and Sarah Kalin (Deputy General Counsel, Arevon) for a CLE program exploring legal trends relating to the intersection of attorney-client privilege and materials created by in-house lawyers and their non-lawyer colleagues through generative AI tools. To learn more, please click here.

Jason Vitullo to Speak at SCG Legal's 2026 Annual Meeting

On Friday, September 18, Partner Jason Vitullo will speak at SCG Legal's 2026 Annual Meeting, a conference designed to provide timely insights on the latest factors impacting the legal profession to help firms strengthen client relations and capitalize on new opportunities. Mr. Vitullo will speak on a breakout session titled "Litigation in Focus: Navigating Complex Disputes." With Guillermo Bayas Fernández (Partner, AGM Abogados), Enbar Toledano (Partner, Wiley), Charles Van Horn (Shareholder, Berman Fink Van Horn), and Deborah Pollack-Milgate (Partner, Barnes & Thornburg), Mr. Vitullo will discuss the latest trends and best practices in litigation, including managing complex disputes, leveraging technology, and navigating regulatory and cross-border challenges. To learn more, please click here.

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...

IRS Proposes Standardized Rollover Forms and Process to Facilitate Plan-to-Plan Transfers

The Internal Revenue Service (“IRS”) recently released Notice 2026-49 (the “Notice”), proposing sample forms and a standardized five-step process for rollovers to eligible retirement plans under Section 324 of the SECURE 2.0 Act. The proposed process is intended to simplify, standardize, facilitate, and expedite rollovers by shifting toward standardized, electronic, plan-to-plan processing. Use of the sample forms and procedures is currently optional, and the Notice does not provide safe harbors for plans that adopt them. Background The rollover process has long lacked uniformity, and has been burdened with inefficiencies and delays relating to the use of paper checks. The Government Accountability Office (“GAO”) reached similar conclusions in its 2013 and 2024 reports.[1] The Notice cites these concerns and explains that Section 324...