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Publications

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October 1, 2025

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable

The Bankruptcy Strategist
September 29, 2025

Administration Actions Targeting Domestic Terrorism and Their Implications for Nonprofits

Tax-Exempt Organizations Alert
August 31, 2025

Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST Marks

The Intellectual Property Strategist
August 21, 2025

Pooled Employer Plans: DOL Issues New Interpretive Guidance and Tips for Employers

Employee Benefits and Executive Compensation Alert
August 15, 2025

DOL Begins to Act Under the New Executive Order Aimed to Increase Alternative Investments in Retirement Plans

Employee Benefits and Executive Compensation Alert
August 14, 2025

AI- and Cryptocurrency-Related Securities Class Action Filings in 2025 H1

August 4, 2025

U.S. Attorney General Issues New Guidance on DEI Programs and Policies

Employment Law Alert
July 30, 2025

Prediction Markets Set to Benefit from U.S. Enforcement Shift

July 24, 2025

The One Big Beautiful Bill: Top Tax Takeaways for Nonprofits

Tax-Exempt Organizations Alert
July 23, 2025

Highlights of the Employee Benefits Provisions in the One Big Beautiful Bill

Employee Benefits and Executive Compensation Alert
July 18, 2025

Strict Liability for Content Providers is Gaining Traction in New York

New York Law Journal
July 7, 2025

Changes to QSBS Rules

Founder Focus Alert
July 2025

Federal Circuit: District Court Did Not Err In Declining to Find Infringement By Moderna’s Activities Involving COVID-19 Vaccine

The Intellectual Property Strategist
July 2025

High Court Expands the Reach of the Wire Fraud Statute (Part III)

Business Crimes Bulletin
June 30, 2025

The Divestiture Rule Explained: A Judge-Made Doctrine Doesn't Necessarily Deprive a Lower Court of Ongoing Subject Matter Jurisdiction

The Bankruptcy Strategist
June 24, 2025

Even Nazi Saboteurs Deserve A Pro Bono Lawyer

The National Law Journal
June 13, 2025

The SEC Solicits Feedback to Potentially Amend the Definition of Foreign Private Issuer

Cross-Border Capital Markets Alert
June 12, 2025

Supreme Court Rejects Heightened Evidentiary Burden For “Reverse Discrimination” Title VII Plaintiffs

Employment Law and Employee Benefits and Executive Compensation Alert
June 10, 2025

New DOL Guidance for Retirement Plans on Cryptocurrency and ESG Investments

Employee Benefits and Executive Compensation Alert
May 21, 2025

DOJ Announces Guidance on White Collar Enforcement Priorities and Corporate Cooperation

White Collar Defense and Investigations Alert
May 19, 2025

Trump Administration Announces False Claims Act Investigation Into Harvard

Tax-Exempt Organizations Alert; White Collar Defense and Investigations Alert
May 2025

Federal Circuit Examines Written Description Requirements for U.S. Patent Application Publications Used as Prior Art Under Pre-AIA

Intellectual Property Strategist
April 30, 2025

Drawing the Line: What Constitutes Harboring Under the Alien Harboring Statute?

Business Crimes Bulletin
Spring 2025

Formal & Informal Negotiations ASAP!

Eurofenix, the Journal of INSOL Europe
April 24, 2025

'Medical Marijuana v. Horn': High Time for RICO Reform

The National Law Journal
April 22, 2025

Section 83(b) Elections — Should You Pay Taxes Now?

Founder Focus Alert
April 18, 2025

Fed. Circ.'s PTAB Ruling Highlights Obsolete Rationale

Law360
April 15, 2025

DOL Clarifies Annual Funding Notice Requirements and Updates Model Notices

Employee Benefits and Executive Compensation Alert
April 9, 2025

A Primer on Chapter 11 Trustees & Examiners

New York Law Journal
April 8, 2025

FinCEN Issues Interim Final Rule Under the Corporate Transparency Act

Corporate Law Alert
April 4, 2025

Delaware Enacts Changes to the Delaware General Corporation Law

Corporate Law Alert
March 24, 2025

EEOC and DOJ Issue Guidance on “Unlawful DEI-Related Discrimination” under Title VII

Employment Law Alert
March 12, 2025

Don't Wait Until It's Too Late: Estate Essentials for Wealthy Individuals

Serious Coin Podcast
March 5, 2025

DraftKings NFT Settlement Leaves Securities Question in Limbo

March 4, 2025

The First Circuit Requires But-For Causation in False Claims Act Cases Predicated on Violations of the Anti-Kickback Statute, Adding to Circuit Split

Litigation Alert
March 1, 2025

Federal Circuit: PTAB Jurisdiction Exists Over Expired Patents

The Intellectual Property Strategist
February 24, 2025

AI Training Using Copyrighted Works Ruled Not Fair Use

Intellectual Property Transactions Alert
February 18, 2025

The Fourth Circuit Broadly Interprets “Inducement” and “Remuneration” Under the Anti-Kickback Statute and Creates a Circuit Split

Litigation Alert
February 7, 2025

New Proposed Catch-Up Contribution Regulations Answer Many Questions

Employee Benefits and Executive Compensation Alert
February 6, 2025

Trump’s January 2025 Executive Orders: Implications for Employers

Employment Law Alert
February 6, 2025

U.S. Department of Education Confirms It Will Enforce 2020 Title IX Rule and Regulations Following District Court Ruling and Executive Order

Employment Law and Tax-Exempt Organizations Alert
January 28, 2025

Transition Agreements

Founder Focus Alert
January 16, 2025

A supreme double standard: Samuel Alito stretches the ethical gulf between justices and judges

Salon
January 15, 2025

Rising From the Ashes: How Nonprofits and Donors Can Help California Wildfire Recovery Efforts

Tax-Exempt Organizations Alert
January 9, 2025

Takeaways from DOJ, FTC End to Collaboration Guidelines

Law360
January 8, 2025

2024 Employment Year-End Roundup

Employment Law Alert
January 1, 2025

Federal Circuit: District Courts May Impose Deterrence Sanctions Even After They Had Already Awarded Attorney Fees and Costs Under 35 U.S.C. § 285

The Intellectual Property Strategist
December 19, 2024

High Court May Limit the Reach of the Wire Fraud Statute
(Part 2)

Law.com

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Firm Highlights

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...
Event
Michael Arlein to Speak on Barbri Webinar
On Thursday, October 1, Partner Michael Arlein will speak on a Barbri webinar titled "Planning for Cryptocurrency Investors: Estate Planning, Asset Protection, and Investments." Mr. Arlein will be joined by Matt E. Kirk (Partner, Holland & Knight) to explore the latest developments in federal cryptocurrency regulations and their impact on asset management and share effective planning strategies for owning and investing in cryptocurrency. To learn more, please click here.
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.
Publication
DOJ Issues Press Release on Liability for Unregistered Foreign Agents
On September 16, 2026, the Department of Justice (“DOJ”) issued a press release “remind[ing] the public of federal laws that require individuals to register as foreign agents when they act in the United States at the direction or control of a foreign government or foreign principal, and that they will face civil and criminal liability if they fail to do so.” The press release points specifically to two federal laws that require such registration: the Foreign Agents Registration Act (“FARA”), 22 U.S.C. § 611 et seq., and 18 U.S.C. § 951. The press release is a departure from former Attorney General Pam Bondi’s February 5, 2025 memorandum to DOJ employees, which directed that criminal charges under FARA should be limited...
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...
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
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...
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....
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.
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...
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...
Event
Michael Arlein to Speak on Barbri Webinar
On Thursday, October 1, Partner Michael Arlein will speak on a Barbri webinar titled "Planning for Cryptocurrency Investors: Estate Planning, Asset Protection, and Investments." Mr. Arlein will be joined by Matt E. Kirk (Partner, Holland & Knight) to explore the latest developments in federal cryptocurrency regulations and their impact on asset management and share effective planning strategies for owning and investing in cryptocurrency. To learn more, please click here.
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.
Publication
DOJ Issues Press Release on Liability for Unregistered Foreign Agents
On September 16, 2026, the Department of Justice (“DOJ”) issued a press release “remind[ing] the public of federal laws that require individuals to register as foreign agents when they act in the United States at the direction or control of a foreign government or foreign principal, and that they will face civil and criminal liability if they fail to do so.” The press release points specifically to two federal laws that require such registration: the Foreign Agents Registration Act (“FARA”), 22 U.S.C. § 611 et seq., and 18 U.S.C. § 951. The press release is a departure from former Attorney General Pam Bondi’s February 5, 2025 memorandum to DOJ employees, which directed that criminal charges under FARA should be limited...
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...
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.
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