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Publications

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April 28, 2009

Protecting a Commercial Sublandlord from Its Subtenant's Holdover

April 2009

IP Alert Update: Google Books Settlement Deadline Extended

April 2009

IP Alert: Critical May 5 Deadline Under Google Books Settlement

Spring 2009

The Legal Canvas, Spring 2009

Spring 2009

The Admission of Government Agency Reports under Federal Rule of Evidence 803(8)(c)

April 2009

On Appeal Alert: Google's Sale of Trademark as a Keyword is a "Use In Commerce" That May Constitute Trademark Infringement

March 2009

Underwater Endowments: Understanding Your Options

March 2009

Ready or Not: New Federal COBRA Subsidy Law Requires Prompt Employer Action

March 2009

The New York State Sales Tax Net Widens for Sales by Exempt Organizations

March 2009

Tax Provisions in Stimulus Act for Businesses and Individuals

February 2009

New York Department of Labor Issues Emergency/Proposed State WARN Act Regulations

February 2009

New Decision Eases Burden for Employees Bringing Sexual Harassment Claims Under NYC Human Rights Law

February 2009

Estate Planning Update

December 2008

Tribune Company Files For Bankruptcy

November 2008

New FMLA Rule Effective January 16, 2009

December 2008

President-Elect Barack Obama's Tax Proposals

November 2008

Circuit City Files for Bankruptcy

October 2008

New Amendments to the Americans with Disabilities Act Expand Employee Protections and Employer Obligations

October 2008

EO Special Edition: Impact of the New Form 990 on Conflicts and Disclosure Policies

September 2008

IRS Issues Temporary Regulations Eliminating Advance Ruling Process and Making Other Changes to Implement the New Form 990

July 2008

Negotiating the Major Office Lease

September 2008

SEC Addresses Use of Company Websites

September 2008

SEC Liberalizes Exemption from Registration for Non–U.S. Companies under Rule 12g3-2(b)

September/October 2008

Real Property Tax Exemptions at Risk

August 2008

DOL Proposed Regulations Regarding Service Provider Disclosures: A New and Improved (?) Way of Doing Business for Both Service Providers and Plan Sponsors

August 15, 2008

Important Changes to New York Sales Tax Law Affecting Exempt Organizations

August 2008

Whither Regulation?

August, 2008

The Net, Net Gift

July 2008

Required Changes to Deferred Compensation Plans

July 2008

Final 403(b) Regulations

July 2008

SEC Proposes Amendments Affecting Ratings by Credit Rating Agencies

Summer 2008

New IRS Form 990 Changes the Landscape for Public Disclosure by Exempt Organizations

June 2008

Increased Bankruptcy Risk For Newspapers: Economic Woes Could Force Publishers Into Chapter 11

Spring 2008

IP OnTrial

March 14, 2008

Dan Lowenthal Helps Patterson Build Its Bankruptcy Practice

Winter 2008

Rethinking Corporate Criminal Liability, ABA's Winter 2008 Litigation Journal

February 2008

SEC Adopts Rule 144 and Rule 145 Amendments

February 2008

Department of Labor Publishes Proposed FMLA Regulations

February 2008

SEC Proposes Amendments to Rules Affecting Non-U.S. Issuers

February 2008

New FMLA Provisions for Families of Military Servicemembers

March 5, 2007

Terrorists' defender?

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Firm Highlights

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...
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
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...
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...
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:...
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.
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...
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
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.
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...
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
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...
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...
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:...
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