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Publications

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December 22, 2015

New York City Joins a Growing Chorus of Cities and States that Believe in Second Chances: What Does the New "Ban the Box" Legislation Mean for NYC Employers?

December 9, 2015

Mind the GAAP: Financial Reporting Impact of New Accounting Standards for Not-for-Profits

December 8, 2015

Second Circuit Reverses Conviction in Bond Market Misrepresentation Case, but Endorses Government Theory of Materiality

December 8, 2015

The “Cannibal Cop” and Protection of Computerized Data

November 24, 2015

New York State Takes an Ax to the Workplace Glass Ceiling: New Legislation to Advance the Rights of Women and Transgender Individuals in the Workplace

November 23, 2015

Upping the Ante: Cybersecurity, the SEC and the Perils of Being Unprepared

November 13, 2015

Impact of Nautilus on Biotech and Pharmaceutical Patents

November 12, 2015

SEC Adopts Final Crowdfunding Rules under the JOBS Act

November 10, 2015

Final IRS Regulations Will Impact U.S. Private Foundation Grant-making to Foreign Charitable Organizations

November 5, 2015

New Year, New Required Transit Perk for NYC Employees

October 27, 2015

Federal Trade Commission v. Wyndham Worldwide Corporation: Regulatory Implications for Consumer-Related Data Breaches

October 27, 2015

TPP Biologics Exclusivity Period Maintains The Status Quo

October 8, 2015

United States v. Microsoft: 'Global Chaos,' Outdated Legislation And a Judge's Plea to Congress

October 5, 2015

Entering the U.S. Without Entering Its Tax System: Holding Company Structures for U.S. Operations

September 18, 2015

IRS Rationalizes Prudence Standards for Mission-Related Investments of Private Foundations

September 15, 2015

Antitrust Inside Counsel Article Series

September 11, 2015

The DOJ’s New Policy of Prosecuting Individuals

September 1, 2015

Charitable Constraints

August 31, 2015

Excess business holdings: How much is too much?

August 25, 2015

Third Circuit Affirms FTC’s Authority Over Companies’ Cybersecurity Practices

August 24, 2015

Election 2016: A Primer on Political Campaign Activities

August 21, 2015

Coming Unwired: Time to Reconsider How We Deliver Market Moving News

July 2015

Remijas v. Neiman Marcus: Seventh Circuit Affords Broad Standing To Sue Over Consumer Data Breaches

July 2015

With the Flick of a Pen, U.S. Department of Labor Announces that Most Workers Are Employees

July 2015

Unpaid Internships Revived?: Second Circuit Gives the Green Light to Unpaid Internships So Long as the Intern “Benefits”

July 2015

Overtime Expansion Unveiled: Proposed USDOL Rule Would More Than Double the Salary Threshold for Overtime Exemptions

July 1, 2015

What’s in a Name? Defining Fundraising Models for Nonprofits

June 2015

New Target Ruling Places Your Company's Cyber Oversight in the Crosshairs

June 2015

Biobetters: The Advantages and Challenges of Being Better

June 18, 2015

Mayo Test Dooms Breakthrough Biotech Invention

June 17, 2015

White House Announces MRI/PRI Guidance with a Focus on Climate Change and the Environment

June 2015

EU Pursues Questionable Antitrust Case Against Google

June 2015

New Targets in the Crosshairs: A forum to invalidate patents is now being used on biotech firms

May 2015

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

May 2015

Credit Checks on the Chopping Block: NYC Restricts Credit Inquiries During Hiring

May 2015

Supreme Court Issues Decision on EEOC Conciliation in Mach Mining

April 2015

Limited Relief for Certain Employer Health Plan Premium Payments or Reimbursements

April 2015

Get Healthy (Or Else?): The EEOC Proposes New Rules to Define When Participation in an Employer Wellness Program Is “Voluntary”

April 9, 2015

Attorney General Issues Audit Committee Guidance

April 2015

SEC Cracks Down On Employment Agreements That Stifle Corporate Whistleblowers

March 2015

The Supreme Court Weighs in on The Pregnancy Discrimination Act – Providing Guidance to Employers and Protections for Pregnant Workers

March 2015

Class Actions in the Second Circuit: Do Plaintiffs Have Unfair Advantage?

February 2015

Supreme Court Rejects the Government’s “Fishy” Interpretation of Sarbanes-Oxley Obstruction Statute

February 2015

Internal Investigations and the Risk of Defamation Lawsuits

February 2015

Second Circuit: Class Certification is Alive and Well in Employment Cases Involving Individualized Damages

February 2015

Second Circuit Lays Out New Rules for Restitution

January 2015

2015 Proposed Amendments to Fraud Sentencing Guidelines: A Good Start

January 2015

Patterson Belknap Launches Online Guide Addressing Recent Commercial Division Reforms

Page 13 of 18

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Firm Highlights

Event
Firm Partners to Speak at Personal Care Products Council's 2026 Legal & Regulatory Conference
On Wednesday, June 3, 2026, Partners Joshua Kipnees and Thomas Kurland will present a program at the Personal Care Products Council's 2026 Legal & Regulatory Conference titled "Strategies for Combating Counterfeiters Through Civil Litigation." Mr. Kipnees and Mr. Kurland will provide an overview of the tools trademark law provides to fight counterfeiters through affirmative litigation and share examples of how they have been used to protect cosmetic and personal care products from counterfeiting. To learn more, please click here.
Publication
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...
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...
Publication
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...
Publication
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:...
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...
Firm News
Firm Secures Significant Victory in Trade Secrets Dispute on Behalf of Recess
On May 27, 2026, Patterson Belknap secured a significant victory on behalf of its client, Drink Recess, Inc. ("Recess"). The dispute involves allegations of trade secret misappropriation and breach of contract claims against Recess and three Recess employees (including its co-CEO), each of whom had previously worked at plaintiffs’ company. Plaintiffs alleged that the individual employees had breached their non-competes by accepting employment at Recess and that prior to their departures these employees had taken numerous documents containing trade secrets and other confidential information. Plaintiffs also alleged that Recess tortiously interfered with the individual defendants’ contracts, knowingly participated in the individual defendants’ breaches of fiduciary duty, and engaged in trade secret misappropriation. In March 2026, Plaintiffs filed a motion for a temporary restraining order...
Blog Post
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...
Firm News
Firm Obtains Dismissal of False Claims Act Suit on Behalf of McGraw Hill
On May 15, 2026, Patterson Belknap successfully secured the dismissal of a False Claims Act lawsuit brought by the Florida Attorney General's Office (the "Florida AG Office") against the firm’s client, education solutions provider McGraw Hill, LLC ("McGraw Hill"), in Florida's Second Judicial Circuit Court. The lawsuit was brought in August 2025 following an investigation and subpoena process in which the Florida AG's Office alleged that McGraw Hill violated Florida’s “most favored nation” pricing statute. The Court ruled that Florida’s most favored nation statute did not regulate the sale of materials within Florida, requiring dismissal of the entirety of the Florida AG Office’s complaint with prejudice. The case was brought by the State of Florida against McGraw Hill and Savvas, another provider...
Event
Stephanie Glaser to Speak at American Conference Institute's 6th Annual Summit for Women Leaders in IP Law
On Wednesday, June 3, Counsel Stephanie Bunting Glaser will speak on a program at the American Conference Institute's 6th Annual Summit for Women Leaders in IP Law titled "Copyrights in Synthetic Media: Protecting Creativity in the AI Era." Ms. Glaser will join Emily Lanza (Senior Counsel, U.S. Copyright Office, Office of Policy & International Affairs) to explore new challenges created by artificial intelligence in copyright law and offer strategies for safeguarding creative assets. To learn more, please click here.
Event
Firm Partners to Speak at Personal Care Products Council's 2026 Legal & Regulatory Conference
On Wednesday, June 3, 2026, Partners Joshua Kipnees and Thomas Kurland will present a program at the Personal Care Products Council's 2026 Legal & Regulatory Conference titled "Strategies for Combating Counterfeiters Through Civil Litigation." Mr. Kipnees and Mr. Kurland will provide an overview of the tools trademark law provides to fight counterfeiters through affirmative litigation and share examples of how they have been used to protect cosmetic and personal care products from counterfeiting. To learn more, please click here.
Publication
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...
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...
Publication
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...
Publication
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:...
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...
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