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Publications

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April 20, 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

January 2015

District Court Vacates Insider Trading Guilty Pleas in Misappropriation Case in Light of Landmark Newman Decision

January 2015

Supreme Court Permits Appeal to Go Forward In LIBOR Antitrust Lawsuit

January 6, 2015

New York Wage Theft Prevention Act Amended – Annual Wage Notices No Longer Required

December 2014

Major Reversal of Insider Trading Convictions after Trial: Second Circuit Sets High Bar for Tippee Liability

December 2014

Amendments needed to reflect $2,500 limit on Health FSA contributions by year end

October 16, 2014

Tax Reform Act of 2014 and the Charitable Deduction

October 2014

If High Court Reverses Teva, Litigation Costs May Increase

October 2014

New Developments and Impending Deadlines for Employer Group Health Plans

October 2014

Scholarships, Grants, and Foreign Students - Tax Compliance Tips for U.S. Institutions

October 2014

Tough Choices Confront Trade Creditors When a Retailer Faces Bankruptcy

September 2014

Adobe Data Breach Ruling Gives New Hope to Plaintiffs

August 2014

Exemption From PFIC Regime for Indirect Ownership Expanded

July 2014

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination

July 2014

The Use of Expert Witnesses for Penalty Determinations in Criminal Antitrust Cases: A Study of United States v. AU Optronics

July 21, 2014

6 Easy-to-Miss Points about New York’s Non-Profit Revitalization Act, Part II of II

July 2014

Unpacking the Employment Implications of Comcast Corp. v. Behrend: The Second Circuit Prepares to Dive In

July 2014

IRS Announces Changes to the Offshore Voluntary Disclosure Program

July 1, 2014

6 Easy-to-Miss Points about New York’s Non-Profit Revitalization Act, Part I of II

July 2014

Appeals Court Confirms that Results of Internal Investigation are Privileged

June 2014

FDA Promises Guidance on Lawful Off-Label Promotion

June 2014

Supreme Court Rejects “Presumption of Prudence” in ESOP Cases

June 2014

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

June 2014

The Impact of the Supreme Court’s Recent Halliburton Decision on Securities Litigation

June 2014

Antitrust Update: Second Circuit Adopts Rule Making it Easier to Find Liability for Foreign Anticompetitive Conduct

June 2014

What Donors Need to Know About Appreciated Property

May 2014

FCPA Update: Eleventh Circuit Defines "Instrumentalities" of Foreign Governments

May 2014

New IRS Guidance Regarding Same-Sex Spouses: Employer Action Needed

April 17, 2014

Julie Simeone ’14 wins best oralist at the 42nd Annual Orison S. Marden Moot Court Competition

NYU Law News
April 2014

Significant Changes to New York Estate and Income Tax Enacted

April 2014

5 Steps for Handling an Antitrust Subpoena or CID

March 2014

Who Is a U.S. Person? Disparities Between U.S. Tax and Immigration Law

March 2014

Supreme Court Clarifies Standing For False Advertising Cases

March 2014

Final Employer "Play or Pay" Mandate Guidance: Employer Action Needed

March 2014

U.S. District Court Rules that Results of Internal Investigations Conducted in the Ordinary Course of Business are Not Privileged and Must be Produced to Whistleblower

March 2014

Significant Changes Proposed to New York Estate and Income Tax Laws

January 2014

Equitable Mootness: Two Recent Third Circuit Decisions

December 2013

New York City’s Earned Sick Time Act to Go into Effect on April 1, 2014

Page 14 of 19

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Firm Highlights

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.
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...
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...
Event
Michael Arlein to Speak on Digital Asset Estate Planning Webinar
On Wednesday, October 14, Partner Michael Arlein will speak on a SMQKE Room webinar titled "Digital Asset Estate Planning for Crypto Founders & Holders." Mr. Arlein will share practical guidance on the legal mechanics and multi-generational planning required for significant digital asset holdings.
Publication
New York Appellate Court Limits the Manhattan DA’s Use of Criminal Turnover Orders to Resolve Disputed Art Ownership
On September 17, 2026, the New York Appellate Division, First Department, issued a major decision in In the Matter of an Application for a Search Warrant to Search the Premises Located at The Art Institute of Chicago. The court considered whether N.Y. Penal Law § 450.10, a criminal turnover statute, authorizes a court to adjudicate disputed ownership of property and order its surrender without affording the holder full civil due process (and instead proceeding by way of a summary proceeding in criminal court). The First Department unanimously held that it does not, vacating a seizure warrant and turnover orders that had directed the Art Institute of Chicago (“AIC”) to surrender a painting to the heirs of a Holocaust victim. (Slip Op....
Publication
DOJ Revises Justice Manual to Strengthen False Claims Act Enforcement
On September 18, 2026, the Department of Justice announced two revisions to the Justice Manual aimed at strengthening False Claims Act (“FCA”) enforcement. The first revision reinforces DOJ's longstanding position that sub-regulatory guidance cannot impose legal obligations beyond those established by statute or regulation. The second—and, for companies facing qui tam litigation exposure, the more consequential—directs DOJ attorneys to consider exercising the government's dismissal authority when it declines to intervene in a qui tam action. In particular, where the government does not seek immediate dismissal, the new guidance calls for DOJ to revisit that assessment as the litigation progresses. In other words, when DOJ declines to join a whistleblower lawsuit, its attorneys are now encouraged to affirmatively dismiss unmeritorious complaints....
Publication
Pharmacy Benefit Managers in the Crosshairs of Enforcement and Reform
Pharmacy benefit managers have been in the crosshairs of enforcement and reform efforts for several years. At the federal level, the Federal Trade Commission has obtained favorable settlements for the government, and Congress passed PBM reform in the Comprehensive Appropriations Act in February. Some states have also enacted their own legislation, which has become the latest battleground as PBMs level constitutional challenges to state efforts to regulate PBMs’ limitations on where and how patients can fill prescriptions. The outcome of these challenges may dictate whether other states take similar action, and whether PBM influence on pharmacy selection continues to grow. To continue reading Amy N. Vegari and Sarah Brand Wasson's article in The National Law Journal, please click here.
Blog Post
Delaware Bankruptcy Court Crafts Test Concerning Post-Confirmation “Related-To” Jurisdiction
The filing of a bankruptcy case creates an estate consisting of the debtor’s legal and equitable property. The estate will continue until the debtor’s confirmed plan of reorganization or liquidation goes effective. It will then terminate, and the property will either revest in the reorganized debtor or be transferred to another entity such as a post-confirmation liquidation trust. Now and then, bankruptcy judges face this issue: after plan confirmation, when can a liquidation trustee assert state law claims in a lawsuit filed in the bankruptcy court? In terms of a bankruptcy court’s subject matter jurisdiction, the question can be articulated this way: when can a bankruptcy court have post-confirmation related-to jurisdiction over such claims under 28 U.S.C. section 1334?[i] A bankruptcy judge...
Event
Greg Baker to Speak at Practising Law Institute's Broker/Dealer Regulation and Enforcement 2026
On Thursday, October 8, Partner Greg Baker will speak on a panel at the Practising Law Institute's Broker/Dealer Regulation and Enforcement 2026 conference titled "Ethical Issues Facing Lawyers in the Financial Services Industry." Mr. Baker will join James Q. Walker (Partner, Ashurst Perkins Coie), Allison Cambria (Head of Litigation and Regulatory Enforcement - Americas, Deutsche Bank), Ilene B. Marquardt (Head of Legal Engagement, Client Relationship Group, Wells Fargo Advisors), and Christopher K. Williams (Associate General Counsel, Fidelity Investments) to share guidance on managing conflicts of interest and privilege issues. To learn more, please click here.
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...
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.
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...
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...
Event
Michael Arlein to Speak on Digital Asset Estate Planning Webinar
On Wednesday, October 14, Partner Michael Arlein will speak on a SMQKE Room webinar titled "Digital Asset Estate Planning for Crypto Founders & Holders." Mr. Arlein will share practical guidance on the legal mechanics and multi-generational planning required for significant digital asset holdings.
Publication
New York Appellate Court Limits the Manhattan DA’s Use of Criminal Turnover Orders to Resolve Disputed Art Ownership
On September 17, 2026, the New York Appellate Division, First Department, issued a major decision in In the Matter of an Application for a Search Warrant to Search the Premises Located at The Art Institute of Chicago. The court considered whether N.Y. Penal Law § 450.10, a criminal turnover statute, authorizes a court to adjudicate disputed ownership of property and order its surrender without affording the holder full civil due process (and instead proceeding by way of a summary proceeding in criminal court). The First Department unanimously held that it does not, vacating a seizure warrant and turnover orders that had directed the Art Institute of Chicago (“AIC”) to surrender a painting to the heirs of a Holocaust victim. (Slip Op....
Publication
DOJ Revises Justice Manual to Strengthen False Claims Act Enforcement
On September 18, 2026, the Department of Justice announced two revisions to the Justice Manual aimed at strengthening False Claims Act (“FCA”) enforcement. The first revision reinforces DOJ's longstanding position that sub-regulatory guidance cannot impose legal obligations beyond those established by statute or regulation. The second—and, for companies facing qui tam litigation exposure, the more consequential—directs DOJ attorneys to consider exercising the government's dismissal authority when it declines to intervene in a qui tam action. In particular, where the government does not seek immediate dismissal, the new guidance calls for DOJ to revisit that assessment as the litigation progresses. In other words, when DOJ declines to join a whistleblower lawsuit, its attorneys are now encouraged to affirmatively dismiss unmeritorious complaints....
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