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Publications

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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
January 30, 2024

2024: A New Year; A New Reporting Regime

Corporate Alert
January 25, 2024

January 2024 Legislative Round Up

Tax-Exempt Organizations Alert
January 2024

Federal Circuit: PTAB Did Not Err In Finding That It Retained Authority to Issue Final Written Decision After Deadline Passed

The Intellectual Property Strategist
January 17, 2024

Supply Demanded: Ninth Circuit Confirms Classwide Damages Models Must Account for Supply-Side Factors

December 28, 2023

Fraud Detection and Investigation

Elgar's Encyclopedia of Nonprofit Management, Leadership and Governance
December 22, 2023

2023 Amendments to General Obligations Law 5-336

Employment Law Alert
December 14, 2023

Lessons from DOJ's Wave of Labor Market Prosecutions

Law360
December 11, 2023

Navigating Asset Tracing Challenges in Bankruptcy

Law360
December 4, 2023

Takeaways from the SEC Division of Enforcement’s FY 2023 Report

Page 3 of 19

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Firm Highlights

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.
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.
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...
Event
Michael Arlein to Speak on Digital Asset Estate Planning Webinar
On Wednesday, October 14, Partner Michael Arlein will speak on a SMQKE Room webinar titled "Digital Asset Estate Planning for Crypto Founders & Holders." Mr. Arlein will share practical guidance on the legal mechanics and multi-generational planning required for significant digital asset holdings.
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...
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 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...
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
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
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.
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.
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...
Event
Michael Arlein to Speak on Digital Asset Estate Planning Webinar
On Wednesday, October 14, Partner Michael Arlein will speak on a SMQKE Room webinar titled "Digital Asset Estate Planning for Crypto Founders & Holders." Mr. Arlein will share practical guidance on the legal mechanics and multi-generational planning required for significant digital asset holdings.
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...
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...
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