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Publications

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April 11, 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

December 2013

New Carryover Option for Health Flexible Spending Arrangements

November 2013

Recovery Now Available To Madoff Feeder Fund Victims

November 2013

3 Key Issues To Consider Before Choosing An Ad Slogan

November 2013

9 Questions to Ask in Suing a Rival for False Advertising

November 2013

SEC Proposes Crowdfunding Rules Under the JOBS Act

October 2013

Federal Guidance on HRAs, Health FSAs and Other Employer Funding Arrangements Under Health Care Reform

October 2013

New Wage Deduction Regulations Finalized by New York State Department of Labor

October 2013

Stanwich Clarifies Wagoner Rule in Fraudulent Transfer Cases

October 2013

Mayor Bloomberg Signs Pregnancy Discrimination Ban Into Law

September 2013

Important IRS Guidance on Same-Sex Marriage

July 2013

SEC Adopts JOBS Act Private Placement Provisions: Lifts Ban on General Solicitation and Advertising in Private Placements

July 2013

UPDATE: One-Time Extension for Furnishing Annual Fee Disclosures to Participants

July 2013

Implications of the Supreme Court’s Windsor Decision on Estate Planning for Same-sex Couples

July 2013

IRS/Treasury Provides One-Year Delay For Certain Employer Health Coverage Reporting And Employer “Pay Or Play” Penalty Taxes

July 2013

REMINDER: Ongoing Participant Fee Disclosure Obligations for Retirement Plan Sponsors

July 2013

Supreme Court Ruling on Same-Sex Marriage: Impact on Employee Benefits

July 2013

Action Items for Employers: Notice to Employees of Health Insurance Marketplace & Related Updates to COBRA Election Notices

June 2013

Decision Alert: Supreme Court Holds Class Action Waiver in Arbitration Agreement is Enforceable

June 2013

New York City Passes Law Prohibiting Discrimination Against the Unemployed

May 2013

Eagerly Anticipated Proposed Wage Deduction Regulations Announced by New York State DOL

May 2013

Settling Its First Genetic Information Nondiscrimination Act (GINA) Lawsuit, EEOC Acts on Priority

April 2013

Delaware Chancery Court Holds that a Reverse Triangular Merger Is Not an Assignment by Operation of Law

April 2013

SEC Outlines Position on FD Disclosure Using Social Media

April 2013

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

March 2013

IRS Relief for 403(b) Retirement Plans

March 2013

New Employer Shared Responsibility Penalty Guidance: Timely Employer Action Needed

February 2013

New Year Brings New FCRA Forms for Employers and Possibly Additional Notification Requirements

January 2013

Pregnancy Discrimination Law Update

January 2013

FTC Drops Bomb on Pom: Finds Ads Touting Health Benefits of Pomegranates Unsubstantiated and False

January 2013

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

January 2013

Fiscal Cliff Legislation - Employee Benefits and Compensation Provisions of Interest

January 2013

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

January 2013

American Taxpayer Relief Act of 2012 Alerts

January 2013

American Taxpayer Relief Act of 2012: Tax Implications for U.S. Taxpayers Living Abroad

January 2013

Estate Planning Implications of the Fiscal Cliff Deal

January 2013

EEOC Alerts Employers to Potential Title VII and ADA Rights of Employees Who Experience Domestic Violence, Sexual Assault or Stalking

January 2013

Charitable Giving Under the New Tax Law: A Unique (But Brief) Opportunity for IRA Rollovers and Other Highlights

January 2013

Tax-Free Employee Educational Assistance Programs Extended by Fiscal Cliff Legislation

December 2012

Impending Change in Tax Treatment of Educational Assistance Programs

December 2012

A.G. Schneiderman Announces New Electioneering Disclosure Requirements for Nonprofits

Page 15 of 19

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Firm Highlights

Publication
New York Restricts “Pay or Stay” Agreements Under the Trapped at Work Act
New York employers will soon face new restrictions on agreements requiring employees to repay certain amounts if their employment ends before a specified period of time. New York’s Trapped at Work Act (the “Act”) generally prohibits employers from requiring employees or prospective employees, as a condition of employment, to enter into so-called “pay or stay” agreements, subject to exceptions for certain educational expenses, bonuses, relocation assistance, and other incentive payments. Originally enacted in December 2025 and amended in February 2026, the Act left some uncertainty as to whether its effective date would be December 19, 2026 or February 13, 2027. On October 22, 2026, the New York State Department of Labor (“NYSDOL”) issued guidance confirming that the Act will take effect...
Event
Thomas Kurland to Speak on Social Media Mass Torts at ACI’s 2026 Drug & Medical Device Litigation Conference
On Wednesday, December 2, Partner Thomas Kurland will speak on a panel titled "The New Mental Health Mass Tort: Product Design, Warnings, and Causation Lessons from the Social Media Litigation" at the American Conference Institute's Drug & Medical Device Litigation conference.  Mr. Kurland will join Manuel F. Cachán (Partner, Skadden, Arps, Slate, Meagher & Flom LLP), TaCara Harris (Partner, King & Spalding), and Jobina Jones-McDonnell (VP and Assistant General Counsel, Litigation and Risk, Keenova) to discuss the growing field of social media mass tort litigation and how it relates to—and may end up impacting—more mature mass torts involving pharmaceuticals and medical devices. To learn more, please click here.
Publication
The Billion-Dollar Interview: How the Wrong Hiring Process Can Create Personal Liability for Founders
The right talent can make or break a startup, and effective founders build recruiting processes to land exceptional people. But a process built to win talent can, if run the wrong way, expose a founder to personal liability to the competitor they are hiring from. A recent lawsuit by Apple shows how. Tang Tan spent 24 years at Apple, rising to vice president of product design for the iPhone and Apple Watch. After co-founding startup io Products and selling the company to OpenAI, he was tasked with building OpenAI’s hardware team. He turned to the engineers he knew best: Apple’s. Tan’s interviews were hands-on. Candidates explained their contributions and engineering decisions and brought physical components from Apple to illustrate their work at...
Blog Post
Can Subchapter V’s Increased Debt Limit Save In-Court Business Reorganizations?
Chapter 11 is intended to enable businesses to reorganize while continuing normal operations under the control of existing management. The primary goal of chapter 11 is for companies to reorganize rather than liquidate to the benefit of owners, employees, suppliers, customers and others relying on the businesses’ ongoing survival. But the process has become expensive. Some would-be chapter 11 debtors opt out of the court process altogether, instead seeking out-of-court options, including consensual debt restructurings and liability management exercises (or “LMEs”). These debtors seek to renegotiate their debts to make shifts within their capital structure without the expense of a bankruptcy filing. When companies do file chapter 11, they often do so with prepackaged or pre-negotiated plans of reorganization, which...
Firm News
Firm Lawyers Honored for Pro Bono Work by New York County Lawyers Association
On Tuesday, October 20, 2026, the New York County Lawyers Association (NYCLA) recognized three firm attorneys for achievements in connection with their pro bono work. Shelley Attadgie was recognized for her work related to the State Central Registry (SCR) Project. Ms. Attadgie represented a client in connection with a petition to amend and seal a report entered against them in the SCR by the Administration for Children's Services. Ms. Attadgie prepared the client for his hearing testimony before an Administrative Law Judge, drafted and collected supporting evidence, cross-examined the Agency’s witness, and assisted the client with his direct testimony. Following the two-day hearing, the finding of maltreatment was amended to unfounded and sealed, removing a significant barrier that had impacted the client...
Firm News
Firm Attorneys Honored for Pro Bono Work by Sanctuary for Families
On Wednesday, October 28, 2026, Partner Lauren Schorr Potter and Associates Folasade Famakinwa, Jillian Horowitz, and Tiffany Li were honored by Sanctuary for Families with the 2026 Above & Beyond Pro Bono Achievement Award for achievements in connection with their pro bono work. Ms. Potter, Ms. Famakinwa, and Ms. Li were recognized for their work successfully representing a survivor of sexual abuse as a victim witness in a high-profile federal criminal trial that received significant public attention. The team guided the client through an intense period of preparation, including numerous meetings and testimony preparation, coordination with the U.S. Attorney’s Office, and support on trial days. Sanctuary for Families celebrated “not only the team’s legal advocacy, but also the extraordinary care, commitment,...
Publication
McDonald's Antitrust Suits Spotlight Risks Of AI Pricing Tools
The Oct. 15 Rossi v. McDonald's and the Oct. 2 Thomas v. McDonald's class action filings in the U.S. District Court for the Northern District of Illinois mark the latest in a series of cases targeting companies' use of algorithmic price tools to evaluate and allegedly set prices using consumer and competitor data. Private plaintiffs, regulators and legislators alike have increasingly criticized such practices as creating opportunities for companies to engage in anticompetitive behavior to the detriment of consumers and other market participants who are operating without the benefit of pricing tools. This article examines the various theories under which antitrust challenges can arise when companies use artificial intelligence pricing tools and personalize prices through individual consumers. To continue reading Amy Vegari and...
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...
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
Andrew Haddad to Speak on American Bar Association Webinar
On Thursday, November 12, Counsel Andrew Haddad will speak on an American Bar Association webinar titled "United Against Fakes: The Counterfeit Drug Problem." Mr. Haddad will join Laura Manschreck (Partner, Morgan Lewis & Bockius LLP) and Erin McDermott (Principal, Charles River Associates) to explore the rise of counterfeit life sciences products and its impact on manufacturers and discuss the latest enforcement and litigation trends. To learn more, please click here.
Publication
New York Restricts “Pay or Stay” Agreements Under the Trapped at Work Act
New York employers will soon face new restrictions on agreements requiring employees to repay certain amounts if their employment ends before a specified period of time. New York’s Trapped at Work Act (the “Act”) generally prohibits employers from requiring employees or prospective employees, as a condition of employment, to enter into so-called “pay or stay” agreements, subject to exceptions for certain educational expenses, bonuses, relocation assistance, and other incentive payments. Originally enacted in December 2025 and amended in February 2026, the Act left some uncertainty as to whether its effective date would be December 19, 2026 or February 13, 2027. On October 22, 2026, the New York State Department of Labor (“NYSDOL”) issued guidance confirming that the Act will take effect...
Event
Thomas Kurland to Speak on Social Media Mass Torts at ACI’s 2026 Drug & Medical Device Litigation Conference
On Wednesday, December 2, Partner Thomas Kurland will speak on a panel titled "The New Mental Health Mass Tort: Product Design, Warnings, and Causation Lessons from the Social Media Litigation" at the American Conference Institute's Drug & Medical Device Litigation conference.  Mr. Kurland will join Manuel F. Cachán (Partner, Skadden, Arps, Slate, Meagher & Flom LLP), TaCara Harris (Partner, King & Spalding), and Jobina Jones-McDonnell (VP and Assistant General Counsel, Litigation and Risk, Keenova) to discuss the growing field of social media mass tort litigation and how it relates to—and may end up impacting—more mature mass torts involving pharmaceuticals and medical devices. To learn more, please click here.
Publication
The Billion-Dollar Interview: How the Wrong Hiring Process Can Create Personal Liability for Founders
The right talent can make or break a startup, and effective founders build recruiting processes to land exceptional people. But a process built to win talent can, if run the wrong way, expose a founder to personal liability to the competitor they are hiring from. A recent lawsuit by Apple shows how. Tang Tan spent 24 years at Apple, rising to vice president of product design for the iPhone and Apple Watch. After co-founding startup io Products and selling the company to OpenAI, he was tasked with building OpenAI’s hardware team. He turned to the engineers he knew best: Apple’s. Tan’s interviews were hands-on. Candidates explained their contributions and engineering decisions and brought physical components from Apple to illustrate their work at...
Blog Post
Can Subchapter V’s Increased Debt Limit Save In-Court Business Reorganizations?
Chapter 11 is intended to enable businesses to reorganize while continuing normal operations under the control of existing management. The primary goal of chapter 11 is for companies to reorganize rather than liquidate to the benefit of owners, employees, suppliers, customers and others relying on the businesses’ ongoing survival. But the process has become expensive. Some would-be chapter 11 debtors opt out of the court process altogether, instead seeking out-of-court options, including consensual debt restructurings and liability management exercises (or “LMEs”). These debtors seek to renegotiate their debts to make shifts within their capital structure without the expense of a bankruptcy filing. When companies do file chapter 11, they often do so with prepackaged or pre-negotiated plans of reorganization, which...
Firm News
Firm Lawyers Honored for Pro Bono Work by New York County Lawyers Association
On Tuesday, October 20, 2026, the New York County Lawyers Association (NYCLA) recognized three firm attorneys for achievements in connection with their pro bono work. Shelley Attadgie was recognized for her work related to the State Central Registry (SCR) Project. Ms. Attadgie represented a client in connection with a petition to amend and seal a report entered against them in the SCR by the Administration for Children's Services. Ms. Attadgie prepared the client for his hearing testimony before an Administrative Law Judge, drafted and collected supporting evidence, cross-examined the Agency’s witness, and assisted the client with his direct testimony. Following the two-day hearing, the finding of maltreatment was amended to unfounded and sealed, removing a significant barrier that had impacted the client...
Firm News
Firm Attorneys Honored for Pro Bono Work by Sanctuary for Families
On Wednesday, October 28, 2026, Partner Lauren Schorr Potter and Associates Folasade Famakinwa, Jillian Horowitz, and Tiffany Li were honored by Sanctuary for Families with the 2026 Above & Beyond Pro Bono Achievement Award for achievements in connection with their pro bono work. Ms. Potter, Ms. Famakinwa, and Ms. Li were recognized for their work successfully representing a survivor of sexual abuse as a victim witness in a high-profile federal criminal trial that received significant public attention. The team guided the client through an intense period of preparation, including numerous meetings and testimony preparation, coordination with the U.S. Attorney’s Office, and support on trial days. Sanctuary for Families celebrated “not only the team’s legal advocacy, but also the extraordinary care, commitment,...
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