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Publications

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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 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
November 30, 2023

QSBS Rollovers

Founder Focus Alert
November 27, 2023

IRS Issues Proposed Regulations on Donor-Advised Funds

Tax-Exempt Organizations Alert
November 2023

Enhanced Oversight of Search Warrants and Title III Wiretaps

Business Crimes Bulletin
October 19, 2023

EEOC Proposes New Enforcement Guidance on Harassment in the Workplace

Employment Law Alert
October 18, 2023

NYC Department of Consumer and Worker Protection Issues Final Rules Under NYC's Earned Safe and Sick Time Act

Employment Law Alert
October 17, 2023

New York State Pay Transparency Law

Employment Law Alert
October 2, 2023

Protective Refund Claims in Light of Pending Moore v. United States Decision

Tax Law Alert
September 26, 2023

Section 363 Ruling Lines Up With Avoidance Action Precedent

Law360
September 2023

Samia v. United States: The Bruton Problem Continues

For the Defense
September 7, 2023

The Second Circuit Revisits Legal Standard for Retaliation Claims

Employment Law Alert
August 30, 2023

House Ways and Means Committee Issues Request for Information Regarding Political Activities of Tax-Exempt Organizations

Tax-Exempt Organizations Alert
August 22, 2023

AI Regulations Hit New York City

LexisNexis Practical Guidance
August 22, 2023

Venture Capital Fund Sued on Allegations of Discrimination in Grantmaking

Employment Law Alert
August 21, 2023

Biden Administration Provides Guidance to Colleges and Universities Following SFFA

Employment Law Alert
August 15, 2023

The National Labor Relations Board Tightens Restrictions on Workplace Conduct Policies

Employment Law Alert
August 14, 2023

The EEOC Issues Notice of Proposed Rulemaking Under the Pregnant Workers Fairness Act

Employment Law Alert
July 28, 2023

Patterson Belknap Attorneys Author “Trends in Class Certification” Chapter in GCR’s US Courts Annual Review – Edition 4

GCR's US Courts Annual Review
July 26, 2023

TikTok Ban on Government Contractors’ Devices

July 17, 2023

The Supreme Court Is At War With Itself On Extraterritoriality

Law360

Page 3 of 18

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Firm Highlights

Blog Post
SEC Enforcement Results for FY 2025: “Unique Period of Transition”
The Securities and Exchange Commission issued a press release on April 7, 2026, announcing the agency’s enforcement results for transitional period under the new presidential administration.[1] Describing FY 2025 as “a unique period of transition,” the statement pointed to a pulse of enforcement actions initiated between October and December 2024 [2] under outgoing SEC Chair Gary Gensler, critiquing the activity as “unprecedented rush” and the focus as an “aggressive pursuit of novel legal theories.”[3]. Current SEC Chair Paul S. Atkins described the shift as having “redirected resources toward the types of misconduct that inflict the greatest harm—particularly fraud, market manipulation, and abuses of trust.”[4] During FY 2025, the SEC brought 303 standalone enforcement actions, a combination of civil suits and administrative procedures that...
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...
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...
Firm News
Firm Achieves Significant Lanham Act Win for Johnson & Johnson
On April 17, 2026, Patterson Belknap secured a significant victory for our clients, Johnson & Johnson and Janssen Biotech, Inc. (“J&J”), when the U.S. District Court for the Southern District of New York denied a preliminary injunction in a Lanham Act suit filed by Bayer HealthCare LLC (“Bayer”).   The dispute concerned a retrospective scientific study sponsored by J&J that compared the real-world efficacy of both companies’ prostate cancer medications, concluding that J&J’s ERLEADA was associated with a reduction in overall risk of death approximately 50% greater than Bayer’s NUBEQA. Bayer alleged that the study was methodologically flawed, and that J&J’s publication of the study results therefore constituted “false advertising.” The statements at issue included a presentation given by the study authors at a medical...
Firm News
Firm Obtains Dismissal of False Claims Act Suit on Behalf of McGraw Hill
On May 15, 2026, Patterson Belknap successfully secured the dismissal of a False Claims Act lawsuit brought by the Florida Attorney General's Office (the "Florida AG Office") against the firm’s client, education solutions provider McGraw Hill, LLC ("McGraw Hill"), in Florida's Second Judicial Circuit Court. The lawsuit was brought in August 2025 following an investigation and subpoena process in which the Florida AG's Office alleged that McGraw Hill violated Florida’s “most favored nation” pricing statute. The Court ruled that Florida’s most favored nation statute did not regulate the sale of materials within Florida, requiring dismissal of the entirety of the Florida AG Office’s complaint with prejudice. The case was brought by the State of Florida against McGraw Hill and Savvas, another provider...
Blog Post
It’s All Relative: Judge Komitee Holds That an Infringing Sale Can Take Place at Multiple Times Both Before and After a Patent Issues
Judge Eric Komitee recently denied a motion to dismiss patent infringement claims accusing flood prevention products sold pursuant to a contract that was entered into before the patent issued but delivered and installed after issuance.   In 2013, plaintiff FloodBreak, LLC filed its patent application for a device that prevents flooding in subway systems. In 2016, while that application was pending, defendants T. Moriarty & Son, Inc. and James P. Moriarty, Jr. (collectively, “TMS”) contracted with the Metropolitan Transportation Authority (“MTA”) to supply flood-mitigation devices for the New York City subway. After the patent issued in 2017, FloodBreak sued TMS’s supplier and obtained a stipulated judgment that its devices infringe. FloodBreak then filed suit against TMS alleging infringement by TMS’s offer...
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...
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
Stephanie Glaser to Speak at American Conference Institute's 6th Annual Summit for Women Leaders in IP Law
On Wednesday, June 3, Counsel Stephanie Bunting Glaser will speak on a program at the American Conference Institute's 6th Annual Summit for Women Leaders in IP Law titled "Copyrights in Synthetic Media: Protecting Creativity in the AI Era." Ms. Glaser will join Emily Lanza (Senior Counsel, U.S. Copyright Office, Office of Policy & International Affairs) to explore new challenges created by artificial intelligence in copyright law and offer strategies for safeguarding creative assets. To learn more, please click here.
Event
Firm Partners to Speak at American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference
On Tuesday, June 2 and Wednesday, June 3, 2026, Partners Jay Cho and Aron Fischer will speak at the American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference, the premier forum for biosimilars strategy, innovation, and litigation trends. On June 2 at 12:00pm, Mr. Cho will speak on a panel titled "The Evolving Parameters of the Safe Harbor Defense to Patent Infringement: Excluded Activities and the 'Reasonably Related' Standard." He will join Eric W. Dittmann (Partner, Paul Hastings), James T. Evans, Ph.D. (Senior Director, Assistant General Counsel, Global IP Litigation, Regeneron Pharmaceuticals, Inc.), and Henry Gu (SVP, Head of Intellectual Property, Zentalis Pharmaceuticals) for a discussion on critical elements of the Safe Harbor defense and recent case law. On June 3 at 2:00pm, Mr....
Blog Post
SEC Enforcement Results for FY 2025: “Unique Period of Transition”
The Securities and Exchange Commission issued a press release on April 7, 2026, announcing the agency’s enforcement results for transitional period under the new presidential administration.[1] Describing FY 2025 as “a unique period of transition,” the statement pointed to a pulse of enforcement actions initiated between October and December 2024 [2] under outgoing SEC Chair Gary Gensler, critiquing the activity as “unprecedented rush” and the focus as an “aggressive pursuit of novel legal theories.”[3]. Current SEC Chair Paul S. Atkins described the shift as having “redirected resources toward the types of misconduct that inflict the greatest harm—particularly fraud, market manipulation, and abuses of trust.”[4] During FY 2025, the SEC brought 303 standalone enforcement actions, a combination of civil suits and administrative procedures that...
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...
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...
Firm News
Firm Achieves Significant Lanham Act Win for Johnson & Johnson
On April 17, 2026, Patterson Belknap secured a significant victory for our clients, Johnson & Johnson and Janssen Biotech, Inc. (“J&J”), when the U.S. District Court for the Southern District of New York denied a preliminary injunction in a Lanham Act suit filed by Bayer HealthCare LLC (“Bayer”).   The dispute concerned a retrospective scientific study sponsored by J&J that compared the real-world efficacy of both companies’ prostate cancer medications, concluding that J&J’s ERLEADA was associated with a reduction in overall risk of death approximately 50% greater than Bayer’s NUBEQA. Bayer alleged that the study was methodologically flawed, and that J&J’s publication of the study results therefore constituted “false advertising.” The statements at issue included a presentation given by the study authors at a medical...
Firm News
Firm Obtains Dismissal of False Claims Act Suit on Behalf of McGraw Hill
On May 15, 2026, Patterson Belknap successfully secured the dismissal of a False Claims Act lawsuit brought by the Florida Attorney General's Office (the "Florida AG Office") against the firm’s client, education solutions provider McGraw Hill, LLC ("McGraw Hill"), in Florida's Second Judicial Circuit Court. The lawsuit was brought in August 2025 following an investigation and subpoena process in which the Florida AG's Office alleged that McGraw Hill violated Florida’s “most favored nation” pricing statute. The Court ruled that Florida’s most favored nation statute did not regulate the sale of materials within Florida, requiring dismissal of the entirety of the Florida AG Office’s complaint with prejudice. The case was brought by the State of Florida against McGraw Hill and Savvas, another provider...
Blog Post
It’s All Relative: Judge Komitee Holds That an Infringing Sale Can Take Place at Multiple Times Both Before and After a Patent Issues
Judge Eric Komitee recently denied a motion to dismiss patent infringement claims accusing flood prevention products sold pursuant to a contract that was entered into before the patent issued but delivered and installed after issuance.   In 2013, plaintiff FloodBreak, LLC filed its patent application for a device that prevents flooding in subway systems. In 2016, while that application was pending, defendants T. Moriarty & Son, Inc. and James P. Moriarty, Jr. (collectively, “TMS”) contracted with the Metropolitan Transportation Authority (“MTA”) to supply flood-mitigation devices for the New York City subway. After the patent issued in 2017, FloodBreak sued TMS’s supplier and obtained a stipulated judgment that its devices infringe. FloodBreak then filed suit against TMS alleging infringement by TMS’s offer...
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