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Publications

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May 17, 2012

Is It Privileged? Privilege Issues for In-House Counsel

May 2012

EEOC Issues New Enforcement Guidance on the Use of Criminal Background Checks

May 2012

Courts Open Door to Computer-Assisted Document Review

May 2012

IRS Releases Long-Awaited Program-Related Investment Guidance

April 2012

Asset Sales in Bankruptcy: An Important Decision

March 2012

Alert: Fee Disclosure Rules for Defined Contribution Plans: Deadlines Extended for Disclosures to Plan Participants & New Obligations on Plan Sponsors under Service Provider Regulations

March 2012

Lehman Bankruptcy Update: Lehman Plan Becomes Effective; Distributions to Begin April 17

March 2012

The Avengers

The American Lawyer
February 2012

IRS Issues Foreign Account Tax Compliance Act (FATCA) Proposed Regulations

February 2012

In FCA Case, Court Finds Civil Penalties Would be Unconstitutional

February 2012

New U.S. Tax Basis Reporting Rules Imposed on Certain Securities Issuers

February 2012

A Win for Religious-Based Employers: Supreme Court Recognizes "Ministerial Exception" to Employment Discrimination

February 2012

FDA Issues Draft Guidelines for Biosimilars

January 2012

TheFlyonTheWall: A Judicial Paradox?

January 2012

SEC Staff Limits Non-Public Submission Policy

January 2012

Supreme Court Upholds Restoration of U.S. Copyright Protection for Foreign Works in the Public Domain

January 2012

The Uninvited Guest: Dodd-Frank and the Family Office

January 2012

Putting the Brakes on National Class Actions: The Ninth Circuit Substantially Limits The California Supreme Court's Tobacco II Decision

January 2012

Partnering With The Feds For IP Enforcement: Part 1

January 2012

Proposed Bill to Allow Private Enforcement of the FCPA

December 2011

New IRS Foreign Asset Disclosure Requirements

November 2011

American Airlines Files for Bankruptcy

November 2011

Action Item for Defined Contribution Plans: New Disclosures to Participants Required in 2012

November 2011

Tax Law Update

November 2011

Terminating a 403(b) Plan: Final Regulations Give a Green Light, but Employers Should Proceed with Caution

November 2011

UPDATE: Employee Notices Under New York's Wage Theft Prevention Act

October 2011

District Court Ruling Could Significantly Limit Madoff Trustee's Claims Against Mets' Owners

September 2011

Important Information Regarding New Form 5500 Schedule Form 8955-SSA

September 2011

New .XXX Top-Level Domain to Debut – Protect Your Trademark Now

September 2011

‘Marvel’ and the Importance of Careful Drafting in Transferring IP Rights

September 2011

What To Expect When A Receiver Takes Over A Troubled Property

August 2011

Lehman Bankruptcy Update: Approval of Disclosure Statement

August 2011

Effective Immediately: New Employer Reporting Requirements Regarding Dependent Health Coverage Availability

August 2011

Seventh Circuit Disagrees with Third on Selling Collateral Without Credit Bidding in a Cramdown: Rule of Philly Papers Rejected

August 2011

The Truth Hurts: Two Circuits Now Recognize That Consumer Surveys Cannot Be Used to Dispute Unambiguous Advertising Claims

August 2011

New York State Issues Tax Guidance on Same Sex Marriage and Employee Benefits

Summer 2011

Current Issues in the Design and Operation of Defined Contribution Plans

June 2011

Put Up Your Dukes: Supreme Court Hands Advertisers New Weapons to Fight Spurious Class Actions

June 2011

Supreme Court Decision: Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

May 2011

IP Audits: Making the Most of Your Intellectual Property

April 2011

UPDATE: New York Labor Law Amended: The Wage Theft Prevention Act

April 7, 2011

EEOC Releases New Regulations for the Americans with Disabilities Act

April 1, 2011

Final FBAR Rules – Some Retirement Plan Relief But Reporting Obligations Remain

March 2011

NYPMIFA Revisited: A Summary Incorporating the Attorney General's Recent Guidance

February 28, 2011

Supreme Court To Decide Scope of FCA Public Disclosure Bar

February 2, 2011

Recent Developments in the New York False Claims Act

January, 2011

Bank Failures in the US and Bankruptcy Code Section 365(o)

December 2010

Federal Estate, Gift and Generation Skipping Transfer Tax Update

Page 16 of 18

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Firm Highlights

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...
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...
Event
Firm Partners to Speak at American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference
On Tuesday, June 2 and Wednesday, June 3, 2026, Partners Jay Cho and Aron Fischer will speak at the American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference, the premier forum for biosimilars strategy, innovation, and litigation trends. On June 2 at 12:00pm, Mr. Cho will speak on a panel titled "The Evolving Parameters of the Safe Harbor Defense to Patent Infringement: Excluded Activities and the 'Reasonably Related' Standard." He will join Eric W. Dittmann (Partner, Paul Hastings), James T. Evans, Ph.D. (Senior Director, Assistant General Counsel, Global IP Litigation, Regeneron Pharmaceuticals, Inc.), and Henry Gu (SVP, Head of Intellectual Property, Zentalis Pharmaceuticals) for a discussion on critical elements of the Safe Harbor defense and recent case law. On June 3 at 2:00pm, Mr....
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.
Firm News
Firm Achieves Significant Lanham Act Win for Johnson & Johnson
On April 17, 2026, Patterson Belknap secured a significant victory for our clients, Johnson & Johnson and Janssen Biotech, Inc. (“J&J”), when the U.S. District Court for the Southern District of New York denied a preliminary injunction in a Lanham Act suit filed by Bayer HealthCare LLC (“Bayer”).   The dispute concerned a retrospective scientific study sponsored by J&J that compared the real-world efficacy of both companies’ prostate cancer medications, concluding that J&J’s ERLEADA was associated with a reduction in overall risk of death approximately 50% greater than Bayer’s NUBEQA. Bayer alleged that the study was methodologically flawed, and that J&J’s publication of the study results therefore constituted “false advertising.” The statements at issue included a presentation given by the study authors at a medical...
Blog Post
Retention of Bankruptcy Court Professionals: Court Concludes that Debtor’s First Cousin is Not “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...
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...
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:...
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...
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...
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...
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...
Event
Firm Partners to Speak at American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference
On Tuesday, June 2 and Wednesday, June 3, 2026, Partners Jay Cho and Aron Fischer will speak at the American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference, the premier forum for biosimilars strategy, innovation, and litigation trends. On June 2 at 12:00pm, Mr. Cho will speak on a panel titled "The Evolving Parameters of the Safe Harbor Defense to Patent Infringement: Excluded Activities and the 'Reasonably Related' Standard." He will join Eric W. Dittmann (Partner, Paul Hastings), James T. Evans, Ph.D. (Senior Director, Assistant General Counsel, Global IP Litigation, Regeneron Pharmaceuticals, Inc.), and Henry Gu (SVP, Head of Intellectual Property, Zentalis Pharmaceuticals) for a discussion on critical elements of the Safe Harbor defense and recent case law. On June 3 at 2:00pm, Mr....
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.
Firm News
Firm Achieves Significant Lanham Act Win for Johnson & Johnson
On April 17, 2026, Patterson Belknap secured a significant victory for our clients, Johnson & Johnson and Janssen Biotech, Inc. (“J&J”), when the U.S. District Court for the Southern District of New York denied a preliminary injunction in a Lanham Act suit filed by Bayer HealthCare LLC (“Bayer”).   The dispute concerned a retrospective scientific study sponsored by J&J that compared the real-world efficacy of both companies’ prostate cancer medications, concluding that J&J’s ERLEADA was associated with a reduction in overall risk of death approximately 50% greater than Bayer’s NUBEQA. Bayer alleged that the study was methodologically flawed, and that J&J’s publication of the study results therefore constituted “false advertising.” The statements at issue included a presentation given by the study authors at a medical...
Blog Post
Retention of Bankruptcy Court Professionals: Court Concludes that Debtor’s First Cousin is Not “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...
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