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Publications

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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
Spring 2025

Planning for and Disposing of Difficult and Dangerous Tangibles

WealthCounsel Quarterly
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 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
December 1, 2024

High Court May Limit the Reach of the Wire Fraud Statute

Business Crimes Bulletin
November 22, 2024

This Lawyer’s Life: Gregory Diskant, Big Law Leadership and Litigation

New York City Bar Association Podcast
November 14, 2024

Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss

The Bankruptcy Strategist
November 7, 2024

High Court 'Violent Crimes' Case Tangled Up In Hypotheticals

Law360
October 25, 2024

We Need a Binding and Enforceable Supreme Court Ethics Code

The National Law Journal
October 7, 2024

DOL Updates and Confirms Cybersecurity Guidance Applies to All ERISA Plans

Employee Benefits and Executive Compensation Alert
October 2, 2024

Unpacking Nazi-Era Art Restitution Cases Under HEAR Act

Law360
September 19, 2024

Cross-Border Issues for Founders with U.S. Companies

Founder Focus Alert
September 12, 2024

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved Nationally

Employment Law and Tax-Exempt Organizations Alert
September 11, 2024

Court Blocks FTC Rule Banning Almost All Worker Non-Compete Deals

Employment Law Alert
September 5, 2024

Ch. 11 Ruling Shows Early Attempt To Tackle Purdue Fallout

Law360
September 3, 2024

Interim Guidance on Matching Qualified Student Loan Payments

Employee Benefits and Executive Compensation Alert
September 1, 2024

Purchase Agreement Pitfalls to Avoid - Traps for the Unwary

ABA's Probate & Property Magazine
August 2024

International Arbitration, Difficulty, and Pakistan

The American Review of International Arbitration
August 30, 2024

Bayer Antitrust Case Hinged On Evolving Market Definition

Law360

Page 2 of 18

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Firm Highlights

Event
Justin Zaremby to Speak at NACUA's 2026 Annual Conference
On Tuesday, June 30, Partner Justin Zaremby will speak on a panel at the National Association of College and University Attorneys 2026 Annual Conference titled "Gifts and Endowments 101: Balancing Long-Term Planning with Short-Term Pressure." Mr. Zaremby will join Quinn Williams (General Counsel, University of Wisconsin) and Brittany Cvetanovich (Counsel, Massachusetts Institute of Technology) to explore the challenges of accepting and documenting charitable gifts and share considerations for managing complex gifting scenarios. To learn more, please click here.
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...
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...
Firm News
Firm Files False Advertising Lawsuit on Behalf of Danone US
On June 15, 2026, Patterson Belknap filed a false advertising lawsuit on behalf of Danone US, LLC against rival Chobani LLC. To read a copy of the complaint, please click here.
Firm News
Firm Recognized With Top-Tier Rankings in The Legal 500 2026
Patterson Belknap is proud to announce that the firm has been recognized in The Legal 500’s United States guide as well as in its New York Elite and Private Client guides.    The following firm practices were recognized by The Legal 500: Advertising and Marketing: Litigation – United States Art and Cultural Property – Private Client Cybersecurity and Data Protection – New York Elite Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Not-For-Profit: Fortune 1000 Private Foundations, National Trade Associations, and Charities – United States In addition, the following firm attorneys received recognition: Anne-Laure Alléhaut in Art and Cultural Property – Private Client H. Gregory Baker in Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Michael F. Buchanan in Dispute Resolution: Corporate Investigations and...
Blog Post
Rest Assured: Pillow Design Patent Survives Inventorship and Invalidity Challenges
On June 7, 2026, District Judge Brian Cogan (E.D.N.Y.) granted Plaintiff Hit Notion LLC’s (Hit Notion’s) summary judgment motion on patent inventorship, on-sale bar, and obviousness, denying a summary judgment motion by Defendant Digitalprints USA Corporation d/b/a Cheer Collection (Cheer Collection) for invalidity based on similar issues and indefiniteness. Hit Notion LLC v. Digitalprints USA Corp., No. 24-cv-7986, 2026 BL 219173 (E.D.N.Y. June 7, 2026). This dispute arose in March 2017 when the parties, both pillow retailers, requested custom pillow designs from the same Chinese pillow manufacturer, MJ Textile. MJ Textile sent the same photo of a sample pillow to both parties, and the parties unknowingly purchased and began selling similar pillows. Id. at *1-2. Hit Notion filed a patent application for...
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...
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...
Event
Julie Simeone to Speak on Trade Secrets Panel
On Monday, June 29, Partner Julie Simeone will speak on a World Services Group webinar titled "The Invisible Asset: Trade Secrets in US and Canada." Ms. Simeone will join Chantal Desjardins (Partner and Trademark Agent, Lavery) and James Duffy (Patent Agent and Senior Associate, Lavery) for a practical panel on trade secret protection enforcement examining how businesses identify and safeguard confidential information across the commercial lifecycle. To learn more, please click here.
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
Justin Zaremby to Speak at NACUA's 2026 Annual Conference
On Tuesday, June 30, Partner Justin Zaremby will speak on a panel at the National Association of College and University Attorneys 2026 Annual Conference titled "Gifts and Endowments 101: Balancing Long-Term Planning with Short-Term Pressure." Mr. Zaremby will join Quinn Williams (General Counsel, University of Wisconsin) and Brittany Cvetanovich (Counsel, Massachusetts Institute of Technology) to explore the challenges of accepting and documenting charitable gifts and share considerations for managing complex gifting scenarios. To learn more, please click here.
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...
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...
Firm News
Firm Files False Advertising Lawsuit on Behalf of Danone US
On June 15, 2026, Patterson Belknap filed a false advertising lawsuit on behalf of Danone US, LLC against rival Chobani LLC. To read a copy of the complaint, please click here.
Firm News
Firm Recognized With Top-Tier Rankings in The Legal 500 2026
Patterson Belknap is proud to announce that the firm has been recognized in The Legal 500’s United States guide as well as in its New York Elite and Private Client guides.    The following firm practices were recognized by The Legal 500: Advertising and Marketing: Litigation – United States Art and Cultural Property – Private Client Cybersecurity and Data Protection – New York Elite Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Not-For-Profit: Fortune 1000 Private Foundations, National Trade Associations, and Charities – United States In addition, the following firm attorneys received recognition: Anne-Laure Alléhaut in Art and Cultural Property – Private Client H. Gregory Baker in Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Michael F. Buchanan in Dispute Resolution: Corporate Investigations and...
Blog Post
Rest Assured: Pillow Design Patent Survives Inventorship and Invalidity Challenges
On June 7, 2026, District Judge Brian Cogan (E.D.N.Y.) granted Plaintiff Hit Notion LLC’s (Hit Notion’s) summary judgment motion on patent inventorship, on-sale bar, and obviousness, denying a summary judgment motion by Defendant Digitalprints USA Corporation d/b/a Cheer Collection (Cheer Collection) for invalidity based on similar issues and indefiniteness. Hit Notion LLC v. Digitalprints USA Corp., No. 24-cv-7986, 2026 BL 219173 (E.D.N.Y. June 7, 2026). This dispute arose in March 2017 when the parties, both pillow retailers, requested custom pillow designs from the same Chinese pillow manufacturer, MJ Textile. MJ Textile sent the same photo of a sample pillow to both parties, and the parties unknowingly purchased and began selling similar pillows. Id. at *1-2. Hit Notion filed a patent application for...
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