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Publications

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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 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

Page 2 of 18

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Firm Highlights

Firm News
Firm Achieves Appellate Victory on Behalf of Gilead Sciences
On August 13, 2026, Patterson Belknap secured a significant appellate victory for our client, Gilead Sciences, Inc. (“Gilead”), in a trademark lawsuit brought to stop the alleged illegal importation and sale in the United States of international, non-FDA-approved Gilead medicines. The Court of Appeals for the Fourth Circuit affirmed the district court’s issuance of a preliminary injunction against all defendants in the action, enjoining them from violating Gilead’s trademark rights by importing or facilitating the importation of these foreign medicines through illicit and potentially unsafe channels. The lawsuit was initially filed in the U.S. District Court for the District of Maryland in December 2024, after Gilead received a report from a concerned physician that a Maryland patient had received through the mail...
Event
Clint Morrison to Speak at Kisaco Research's 2026 Trade Secret Legal Protection North America Conference
On Monday, September 14, Partner Clint Morrison will speak on a panel at Kisaco Research's 2026 Trade Secret Legal Protection North America Conference titled "Reverse Engineering and Trade Secret Misappropriation: Where Courts are Drawing the Line." Mr. Morrison will join Carl Alexander Dinges (Partner, Bonabry), Eda Stark (Global IP Transactions & Litigation Managing Counsel, Olympus), and Victoria Cundiff (Adjust Professor, University of Pennsylvania Carey Law School) to discuss when a reverse engineering defense may be helpful, and how recent decisions have brought the defense under the spotlight. To learn more, please click here.
Blog Post
SEC Enforcement Launches New Financial Reporting and Accounting Unit
On August 5, 2026, the Securities and Exchange Commission announced its most recent step in its shift of enforcement priorities with the establishment of a new Financial Reporting and Accounting Unit.[1] According to the SEC’s press release, the Unit will operate within the Enforcement Division as a central resource for all SEC divisions pursuing financial reporting fraud as well as broader efforts.[2] This move is the latest in Chair Atkin’s efforts to “retur[n] the agency to its core mission of protecting investors; facilitating capital formation; and maintaining fair, orderly, and efficient markets.”[3] Commenting on the new unit’s launch, David Woodcock, Director of the Agency’s Enforcement Division, stated: Since my return to the Division, I have been assessing every aspect of our staffing to...
Blog Post
Fees Recoverable by Oversecured Creditors in Bankruptcy: The Application of Code Sections 506(b) and 502(b)
Bankruptcy Code section 506(b) entitles an oversecured creditor to post-petition interest and reasonable fees and other charges. Are a creditor’s pre-petition charges also subject to a court’s view of what is reasonable? Courts are split on this issue. A judge in New York recently explained why, in his view, reasonableness is not the right standard for the pre-petition portion of a claim. Pre-petition charges should be determined by applicable state law and not a judge’s analysis of what is reasonable. In re 1300 Desert Willow Road, LLC, No. 25-11375, 2026 WL 2088511 (Bankr. S.D.N.Y. Jul. 20, 2026). The debtor is a single-asset real estate company. The creditor had loaned the debtor $20 million secured by a mortgage on real property. The debtor...
Event
Firm Partners to Speak at Kisaco Research's 2026 Pharma & Biotech Patent Litigation North America Conference
On Tuesday, September 15, Partners Andrew D. Cohen and Lachlan S. Campbell-Verduyn will moderate a roundtable discussion at Kisaco Research's 2026 Pharma & Biotech Patent Litigation North America Conference titled "Formulation, Delivery, and Route-of-Administration Patents." Dr. Cohen and Dr. Campbell-Verduyn will explore how branded and biosimilar companies build, litigate, and defend formulation and delivery patents as core composition claims expire and these assets become the last line of exclusivity. To learn more, please click here.
Publication
SEC Proposes Regulation E-Delivery: How Will E-Delivery Work?
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. In Part 1 of this 3-Part series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In this Part 2, we provide a high-level overview of how electronic delivery as proposed under Regulation E-Delivery is expected to function. In Part 3, we will address the practical implications Regulation E-Delivery is expected to have on covered entities. How Electronic Delivery is Expected to Work Electronic Address and...
Firm News
Patterson Belknap Recognized by Chambers in its 2026 High Net Worth Guide
Patterson Belknap Webb & Tyler is pleased to announce that the firm has been recognized by Chambers High Net Worth 2026 in the following practice areas: Art and Cultural Property Law – USA-Nationwide Private Wealth Law – New York Chambers is a leading independent professional legal research company, delivering detailed rankings and insights into the world’s top lawyers and law firms. Its research methodology includes detailed interviews with clients and peers and analysis of capabilities, achievement, and sector presence. The firm also received individual recognitions by Chambers in both practice areas: Anne-Laure Alléhaut is ranked in the Art and Cultural Property Law practice area in the USA. Michael Arlein is ranked in the Private Wealth Law practice area in New York. Comments regarding the firm in the Chambers High Net Worth...
Blog Post
Regulation E-Delivery: SEC Proposes to Make Electronic Communication the Default
On July 16, 2026, the Securities and Exchange Commission announced a proposed rule to broaden many financial market participants’ use of electronic communications with investors and others who receive information pursuant to federal securities laws.[1]  Referred to as “Reg E-Delivery,” the new rule aims to help issuers and others who disseminate SEC-required information transition away from delivering paper documents, a communication method the Agency pointed out imposes “unnecessary costs and expenses” while “no longer reflect[ing] the preference of most investors.”[2] Commenting on the proposed rule, Chair Atkins stated: The world has changed dramatically since many of our rules were first adopted. But, all too often, our regulatory framework has remained static. … In an age of artificial intelligence and blockchain technology, a...
Publication
SEC Proposes Regulation E-Delivery: Practical Implications
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. Comments on the proposal are due September 21, 2026, and the Commission proposes a two-year compliance period following any final rule adoption. In Part 1 of this series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In Part 2, we explained how electronic delivery would function under the proposed rule. In Part 3, we address the practical implications and the potential economic impact...
Publication
SEC Proposes Regulation E-Delivery: Default Electronic Delivery for Federal Securities Law Communications
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. In an accompanying statement, SEC Chairman Paul S. Atkins characterized the proposal as “an important step toward allowing the financial services industry to harness technology for the benefit of everyday American investors” and “another stride toward a regulatory framework suitable for the modern era.”[ii] Proposed Regulation E-Delivery would establish uniform conditions under which the federal securities laws’ information delivery requirements are satisfied by electronic delivery. The proposal would generally supersede the Commission’s 1995[iii] and 1996[iv] e-delivery...
Firm News
Firm Achieves Appellate Victory on Behalf of Gilead Sciences
On August 13, 2026, Patterson Belknap secured a significant appellate victory for our client, Gilead Sciences, Inc. (“Gilead”), in a trademark lawsuit brought to stop the alleged illegal importation and sale in the United States of international, non-FDA-approved Gilead medicines. The Court of Appeals for the Fourth Circuit affirmed the district court’s issuance of a preliminary injunction against all defendants in the action, enjoining them from violating Gilead’s trademark rights by importing or facilitating the importation of these foreign medicines through illicit and potentially unsafe channels. The lawsuit was initially filed in the U.S. District Court for the District of Maryland in December 2024, after Gilead received a report from a concerned physician that a Maryland patient had received through the mail...
Event
Clint Morrison to Speak at Kisaco Research's 2026 Trade Secret Legal Protection North America Conference
On Monday, September 14, Partner Clint Morrison will speak on a panel at Kisaco Research's 2026 Trade Secret Legal Protection North America Conference titled "Reverse Engineering and Trade Secret Misappropriation: Where Courts are Drawing the Line." Mr. Morrison will join Carl Alexander Dinges (Partner, Bonabry), Eda Stark (Global IP Transactions & Litigation Managing Counsel, Olympus), and Victoria Cundiff (Adjust Professor, University of Pennsylvania Carey Law School) to discuss when a reverse engineering defense may be helpful, and how recent decisions have brought the defense under the spotlight. To learn more, please click here.
Blog Post
SEC Enforcement Launches New Financial Reporting and Accounting Unit
On August 5, 2026, the Securities and Exchange Commission announced its most recent step in its shift of enforcement priorities with the establishment of a new Financial Reporting and Accounting Unit.[1] According to the SEC’s press release, the Unit will operate within the Enforcement Division as a central resource for all SEC divisions pursuing financial reporting fraud as well as broader efforts.[2] This move is the latest in Chair Atkin’s efforts to “retur[n] the agency to its core mission of protecting investors; facilitating capital formation; and maintaining fair, orderly, and efficient markets.”[3] Commenting on the new unit’s launch, David Woodcock, Director of the Agency’s Enforcement Division, stated: Since my return to the Division, I have been assessing every aspect of our staffing to...
Blog Post
Fees Recoverable by Oversecured Creditors in Bankruptcy: The Application of Code Sections 506(b) and 502(b)
Bankruptcy Code section 506(b) entitles an oversecured creditor to post-petition interest and reasonable fees and other charges. Are a creditor’s pre-petition charges also subject to a court’s view of what is reasonable? Courts are split on this issue. A judge in New York recently explained why, in his view, reasonableness is not the right standard for the pre-petition portion of a claim. Pre-petition charges should be determined by applicable state law and not a judge’s analysis of what is reasonable. In re 1300 Desert Willow Road, LLC, No. 25-11375, 2026 WL 2088511 (Bankr. S.D.N.Y. Jul. 20, 2026). The debtor is a single-asset real estate company. The creditor had loaned the debtor $20 million secured by a mortgage on real property. The debtor...
Event
Firm Partners to Speak at Kisaco Research's 2026 Pharma & Biotech Patent Litigation North America Conference
On Tuesday, September 15, Partners Andrew D. Cohen and Lachlan S. Campbell-Verduyn will moderate a roundtable discussion at Kisaco Research's 2026 Pharma & Biotech Patent Litigation North America Conference titled "Formulation, Delivery, and Route-of-Administration Patents." Dr. Cohen and Dr. Campbell-Verduyn will explore how branded and biosimilar companies build, litigate, and defend formulation and delivery patents as core composition claims expire and these assets become the last line of exclusivity. To learn more, please click here.
Publication
SEC Proposes Regulation E-Delivery: How Will E-Delivery Work?
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. In Part 1 of this 3-Part series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In this Part 2, we provide a high-level overview of how electronic delivery as proposed under Regulation E-Delivery is expected to function. In Part 3, we will address the practical implications Regulation E-Delivery is expected to have on covered entities. How Electronic Delivery is Expected to Work Electronic Address and...
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