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Publications

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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 2, 2024

UPDATE: District Court Win Lets “Flash Boy” Traders Avoid SEC Registration – For Now

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
August 12, 2024

Navigating Class Certification Challenges in the Antitrust Context

GCR's Americas Antitrust Review 2025
June 5, 2024

Fearless Fund Decision May Impact Race-Based Grantmaking

Employment Law and Tax-Exempt Organizations Alert
June 3, 2024

Key Employment Issues for Founders

Founder Focus Alert
May 28, 2024

FTC Approves Final Rule Banning Non-Compete Clauses

Employment Law Alert
May 22, 2024

Playbook for Advising Young High-Net-Worth Entrepreneurs

Wealth Management's Trusts & Estates Magazine
May 14, 2024

When The Platform Is The Product, Strict Liability Can Attach

Law360
May 13, 2024

U.S. Regulators Emphasize Pursuit of Enforcement Actions Against Non-U.S. Persons and Entities

Business Crimes Bulletin
May 9, 2024

Extended Relief for Required Minimum Distributions in 2024

Employee Benefits and Executive Compensation Alert
April 24, 2024

EEOC Issues Final Rule and Interpretive Guidance on Pregnant Workers Fairness Act

Employment Law Alert
April 11, 2024

Back Labels in False Ad Cases Get Some Clarity In 9th Circ.

Law360
April 4, 2024

Does Your Retirement Plan Need a 'PLESA'?

Employee Benefits and Executive Compensation Alert
April 2, 2024

New York City's Notice and Distribution Requirement of "Workers' Bill of Rights"

Employment Law Alert
March 29, 2024

The Hateful Attacks on Adeel Mangi

The Atlantic
March 28, 2024

Is a Platform Also a Product? One New York Court Says Yes, and It's Not Alone

New York Law Journal
March 25, 2024

Bankruptcy Ruling Stresses Value of Client Communication

Law360
March 19, 2024

Labor Department Issues New Independent Contractor Rule

Employment Law Alert
March 13, 2024

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

Art and Museum Law Alert
March 7, 2024

501(c)(4) Organizations: Giving with an Edge

Founder Focus Alert
March 5, 2024

Increase in Securities Litigation and Regulatory Scrutiny Concerning Artificial Intelligence

March 2024

Federal Circuit: ITC Did Not Err In Finding Violation Of Section 337

The Intellectual Property Strategist
February 28, 2024

Your Estate Plan and the Corporate Transparency Act

Trusts and Estates Alert
February 12, 2024

New York State Education Department Proposes Rules Relating to Affiliations Between New York and Out-of-State Institutions of Higher Education

Tax-Exempt Organizations Alert
February 5, 2024

Grin and Bare It, Part III: U.S. Tax Consequences For a Bare Owner Who Is a U.S. Taxpayer

Tax Notes

Page 3 of 19

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Firm Highlights

Event
Thomas Kurland to Speak on Social Media Mass Torts at ACI’s 2026 Drug & Medical Device Litigation Conference
On Wednesday, December 2, Partner Thomas Kurland will speak on a panel titled "The New Mental Health Mass Tort: Product Design, Warnings, and Causation Lessons from the Social Media Litigation" at the American Conference Institute's Drug & Medical Device Litigation conference.  Mr. Kurland will join Manuel F. Cachán (Partner, Skadden, Arps, Slate, Meagher & Flom LLP), TaCara Harris (Partner, King & Spalding), and Jobina Jones-McDonnell (VP and Assistant General Counsel, Litigation and Risk, Keenova) to discuss the growing field of social media mass tort litigation and how it relates to—and may end up impacting—more mature mass torts involving pharmaceuticals and medical devices. To learn more, please click here.
Blog Post
Can Subchapter V’s Increased Debt Limit Save In-Court Business Reorganizations?
Chapter 11 is intended to enable businesses to reorganize while continuing normal operations under the control of existing management. The primary goal of chapter 11 is for companies to reorganize rather than liquidate to the benefit of owners, employees, suppliers, customers and others relying on the businesses’ ongoing survival. But the process has become expensive. Some would-be chapter 11 debtors opt out of the court process altogether, instead seeking out-of-court options, including consensual debt restructurings and liability management exercises (or “LMEs”). These debtors seek to renegotiate their debts to make shifts within their capital structure without the expense of a bankruptcy filing. When companies do file chapter 11, they often do so with prepackaged or pre-negotiated plans of reorganization, which...
Firm News
Firm Attorneys Honored for Pro Bono Work by Sanctuary for Families
On Wednesday, October 28, 2026, Partner Lauren Schorr Potter and Associates Folasade Famakinwa, Jillian Horowitz, and Tiffany Li were honored by Sanctuary for Families with the 2026 Above & Beyond Pro Bono Achievement Award for achievements in connection with their pro bono work. Ms. Potter, Ms. Famakinwa, and Ms. Li were recognized for their work successfully representing a survivor of sexual abuse as a victim witness in a high-profile federal criminal trial that received significant public attention. The team guided the client through an intense period of preparation, including numerous meetings and testimony preparation, coordination with the U.S. Attorney’s Office, and support on trial days. Sanctuary for Families celebrated “not only the team’s legal advocacy, but also the extraordinary care, commitment,...
Publication
The Billion-Dollar Interview: How the Wrong Hiring Process Can Create Personal Liability for Founders
The right talent can make or break a startup, and effective founders build recruiting processes to land exceptional people. But a process built to win talent can, if run the wrong way, expose a founder to personal liability to the competitor they are hiring from. A recent lawsuit by Apple shows how. Tang Tan spent 24 years at Apple, rising to vice president of product design for the iPhone and Apple Watch. After co-founding startup io Products and selling the company to OpenAI, he was tasked with building OpenAI’s hardware team. He turned to the engineers he knew best: Apple’s. Tan’s interviews were hands-on. Candidates explained their contributions and engineering decisions and brought physical components from Apple to illustrate their work at...
Publication
McDonald's Antitrust Suits Spotlight Risks Of AI Pricing Tools
The Oct. 15 Rossi v. McDonald's and the Oct. 2 Thomas v. McDonald's class action filings in the U.S. District Court for the Northern District of Illinois mark the latest in a series of cases targeting companies' use of algorithmic price tools to evaluate and allegedly set prices using consumer and competitor data. Private plaintiffs, regulators and legislators alike have increasingly criticized such practices as creating opportunities for companies to engage in anticompetitive behavior to the detriment of consumers and other market participants who are operating without the benefit of pricing tools. This article examines the various theories under which antitrust challenges can arise when companies use artificial intelligence pricing tools and personalize prices through individual consumers. To continue reading Amy Vegari and...
Event
Andrew Haddad to Speak on American Bar Association Webinar
On Thursday, November 12, Counsel Andrew Haddad will speak on an American Bar Association webinar titled "United Against Fakes: The Counterfeit Drug Problem." Mr. Haddad will join Laura Manschreck (Partner, Morgan Lewis & Bockius LLP) and Erin McDermott (Principal, Charles River Associates) to explore the rise of counterfeit life sciences products and its impact on manufacturers and discuss the latest enforcement and litigation trends. To learn more, please click here.
Publication
New York Restricts “Pay or Stay” Agreements Under the Trapped at Work Act
New York employers will soon face new restrictions on agreements requiring employees to repay certain amounts if their employment ends before a specified period of time. New York’s Trapped at Work Act (the “Act”) generally prohibits employers from requiring employees or prospective employees, as a condition of employment, to enter into so-called “pay or stay” agreements, subject to exceptions for certain educational expenses, bonuses, relocation assistance, and other incentive payments. Originally enacted in December 2025 and amended in February 2026, the Act left some uncertainty as to whether its effective date would be December 19, 2026 or February 13, 2027. On October 22, 2026, the New York State Department of Labor (“NYSDOL”) issued guidance confirming that the Act will take effect...
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...
Firm News
Firm Lawyers Honored for Pro Bono Work by New York County Lawyers Association
On Tuesday, October 20, 2026, the New York County Lawyers Association (NYCLA) recognized three firm attorneys for achievements in connection with their pro bono work. Shelley Attadgie was recognized for her work related to the State Central Registry (SCR) Project. Ms. Attadgie represented a client in connection with a petition to amend and seal a report entered against them in the SCR by the Administration for Children's Services. Ms. Attadgie prepared the client for his hearing testimony before an Administrative Law Judge, drafted and collected supporting evidence, cross-examined the Agency’s witness, and assisted the client with his direct testimony. Following the two-day hearing, the finding of maltreatment was amended to unfounded and sealed, removing a significant barrier that had impacted the client...
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...
Event
Thomas Kurland to Speak on Social Media Mass Torts at ACI’s 2026 Drug & Medical Device Litigation Conference
On Wednesday, December 2, Partner Thomas Kurland will speak on a panel titled "The New Mental Health Mass Tort: Product Design, Warnings, and Causation Lessons from the Social Media Litigation" at the American Conference Institute's Drug & Medical Device Litigation conference.  Mr. Kurland will join Manuel F. Cachán (Partner, Skadden, Arps, Slate, Meagher & Flom LLP), TaCara Harris (Partner, King & Spalding), and Jobina Jones-McDonnell (VP and Assistant General Counsel, Litigation and Risk, Keenova) to discuss the growing field of social media mass tort litigation and how it relates to—and may end up impacting—more mature mass torts involving pharmaceuticals and medical devices. To learn more, please click here.
Blog Post
Can Subchapter V’s Increased Debt Limit Save In-Court Business Reorganizations?
Chapter 11 is intended to enable businesses to reorganize while continuing normal operations under the control of existing management. The primary goal of chapter 11 is for companies to reorganize rather than liquidate to the benefit of owners, employees, suppliers, customers and others relying on the businesses’ ongoing survival. But the process has become expensive. Some would-be chapter 11 debtors opt out of the court process altogether, instead seeking out-of-court options, including consensual debt restructurings and liability management exercises (or “LMEs”). These debtors seek to renegotiate their debts to make shifts within their capital structure without the expense of a bankruptcy filing. When companies do file chapter 11, they often do so with prepackaged or pre-negotiated plans of reorganization, which...
Firm News
Firm Attorneys Honored for Pro Bono Work by Sanctuary for Families
On Wednesday, October 28, 2026, Partner Lauren Schorr Potter and Associates Folasade Famakinwa, Jillian Horowitz, and Tiffany Li were honored by Sanctuary for Families with the 2026 Above & Beyond Pro Bono Achievement Award for achievements in connection with their pro bono work. Ms. Potter, Ms. Famakinwa, and Ms. Li were recognized for their work successfully representing a survivor of sexual abuse as a victim witness in a high-profile federal criminal trial that received significant public attention. The team guided the client through an intense period of preparation, including numerous meetings and testimony preparation, coordination with the U.S. Attorney’s Office, and support on trial days. Sanctuary for Families celebrated “not only the team’s legal advocacy, but also the extraordinary care, commitment,...
Publication
The Billion-Dollar Interview: How the Wrong Hiring Process Can Create Personal Liability for Founders
The right talent can make or break a startup, and effective founders build recruiting processes to land exceptional people. But a process built to win talent can, if run the wrong way, expose a founder to personal liability to the competitor they are hiring from. A recent lawsuit by Apple shows how. Tang Tan spent 24 years at Apple, rising to vice president of product design for the iPhone and Apple Watch. After co-founding startup io Products and selling the company to OpenAI, he was tasked with building OpenAI’s hardware team. He turned to the engineers he knew best: Apple’s. Tan’s interviews were hands-on. Candidates explained their contributions and engineering decisions and brought physical components from Apple to illustrate their work at...
Publication
McDonald's Antitrust Suits Spotlight Risks Of AI Pricing Tools
The Oct. 15 Rossi v. McDonald's and the Oct. 2 Thomas v. McDonald's class action filings in the U.S. District Court for the Northern District of Illinois mark the latest in a series of cases targeting companies' use of algorithmic price tools to evaluate and allegedly set prices using consumer and competitor data. Private plaintiffs, regulators and legislators alike have increasingly criticized such practices as creating opportunities for companies to engage in anticompetitive behavior to the detriment of consumers and other market participants who are operating without the benefit of pricing tools. This article examines the various theories under which antitrust challenges can arise when companies use artificial intelligence pricing tools and personalize prices through individual consumers. To continue reading Amy Vegari and...
Event
Andrew Haddad to Speak on American Bar Association Webinar
On Thursday, November 12, Counsel Andrew Haddad will speak on an American Bar Association webinar titled "United Against Fakes: The Counterfeit Drug Problem." Mr. Haddad will join Laura Manschreck (Partner, Morgan Lewis & Bockius LLP) and Erin McDermott (Principal, Charles River Associates) to explore the rise of counterfeit life sciences products and its impact on manufacturers and discuss the latest enforcement and litigation trends. To learn more, please click here.
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