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Publications

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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

November 30, 2023

QSBS Rollovers

Founder Focus Alert
November 27, 2023

IRS Issues Proposed Regulations on Donor-Advised Funds

Tax-Exempt Organizations Alert
November 7, 2023

UPDATE: Issue Lines Drawn in SEC Shadow Trading Case

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

Private Funds Industry Sues SEC over New Private Fund Adviser Rule

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
July 13, 2023

Second Circuit Revisits 'Mantikas' in 'Taste of Mexico' Case

New York Law Journal
July 10, 2023

'Mallory' Decision Could Have Profound Implications for Out-of-State Companies Registered to Do Business in NY

New York Law Journal
July 5, 2023

Supreme Court Curtails Consideration of Race in Higher Education

Employment Law Alert, Tax-Exempt Organizations Alert
June 29, 2023

Preparing For A Greater AI Presence In The Securities Industry

Law360
June 27, 2023

Upside For Advertisers After 2nd Circ. False Ad Suit Revival

Law360
June 26, 2023

The Supreme Court Confirms The Government’s Significant Discretion To Dismiss False Claims Act Cases

White Collar Defense and Investigations Alert
June 23, 2023

The Supreme Court Acts to Protect People from Over-Zealous Prosecutors and Unduly Broad Criminal Statutes

NYU Law's Compliance & Enforcement Blog
June 21, 2023

Introducing the GOAT Trust

Founder Focus Alert
June 20, 2023

New York City Bans Employment Discrimination Based on Height and Weight

Employment Law Alert
June 19, 2023

Grin and Bare It, Part II: Tax Issues for the Usufruct Owner in the United States

Tax Notes
June 16, 2023

Tofurky's Beef With La. Labeling Law Leaves Open Questions

Law360
June 5, 2023

New York Expands Employees’ Lactation Accommodations

Employment Law Alert
June 5, 2023

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

White Collar Defense and Investigations Alert
June 1, 2023

Joining Other Government Regulators, NLRB GC Seeks to Curb Most Non-Compete Agreements

Employment Law Alert
May 31, 2023

New York Looks to Bolster Its Lead as Digital Regulator with CRPTO Act

May 30, 2023

New York City Adopts Final Rule on Use of Artificial Intelligence in Employment Screening and Hiring Process

Employment Law Alert
May 17, 2023

Commercial Division Reaffirms that a Party May Waive Right to Arbitration Through Conduct

May 16, 2023

Commercial Division Dismisses Duplicative Claims under the Doctrines of Res Judicata and Collateral Estoppel

May 2023

Acquitted-Conduct Sentencing: A Quagmire Neither the Supreme Court Nor the U.S. Sentencing Commission Can Continue to Avoid

Business Crimes Bulletin
May 11, 2023

The End of the COVID-19 Emergency Declarations

Employee Benefits and Executive Compensation Alert
May 9, 2023

New York State Division of Human Rights Model Anti-Harassment Policy Updates

Employment Law Alert
May 3, 2023

The Pregnant Workers Fairness Act Expands Federal Protections

Employment Law Alert

Page 4 of 19

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Firm Highlights

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...
Publication
Supreme Court Declines to Revisit “Undue Hardship” Standard in Religious Accommodations Cases
On October 5, 2026, the Supreme Court of the United States denied a request by a group of Washington firefighters for further clarification as to whether employers accused of illegally denying religious accommodations pursuant to Title VII of the Civil Rights Act (“Title VII”) must show that the requested workplace adjustments present an actual hardship. Petersen et al. v. Snohomish Regional Fire & Rescue et al., No. 25-1210. The Court’s denial of the petition for certiorari signals a vote of confidence from the Justices in their landmark 2023 Groff v. DeJoy decision, 600 U.S. 447 (2023), which heightened the previous “de minimis” standard for employers’ showing of undue hardship in cases of denied religious accommodations requests. Religious Accommodations and Undue...
Publication
Data Sale In Spirit Bankruptcy Raises Novel Privacy Risks
In August 2025, Spirit Airlines filed its second bankruptcy less than a year after its first. Although the company tried to find a way to keep the lights on, in May 2026, Spirit Airlines pivoted toward liquidation in the U.S. Bankruptcy Court for the Southern District of New York. Though asset sales are routine practice in large Chapter 11 cases like Spirit Airlines, in this case, the debtors' proposed sale of assets has raised novel data privacy questions that the law may not be ready to answer. To continue reading Daniel A. Lowenthal and Kimberly Black's article on this topic, please click here.
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
Law360 Spotlights Firm’s Litigation Department
Joshua Goldberg, Partner and Chair of the firm’s Litigation Department, was profiled by Law360 on the hallmarks of the department, including its trial-ready mindset and commitment to zealous advocacy. The feature also highlights the firm’s single-office operation as a key strength, along with its unique clerkship hiring model, focus on talent development, strategic lateral recruiting, and diverse litigation practice offerings. The profile is featured in Law360’s Litigation Daily and New York Pulse. To read the full profile, please click here.
Firm News
Firm Attorneys Honored by The Legal Aid Society at 2026 Pro Publico Awards
On October 7, 2026, The Legal Aid Society honored Of Counsel David Dykhouse and Associates Kimberly Black and Jillian Horowitz at its annual Pro Bono Publico Awards Ceremony. The Pro Bono Publico Award recognizes pro bono partners for their outstanding contributions to advancing equal justice for New Yorkers. Mr. Dykhouse, Ms. Black, and Ms. Horowitz were honored for their work representing a group of tenants in connection with a real estate group’s bankruptcy filing. Prior to its bankruptcy, the group owned 93 different properties with over 5,000 residential units. The tenants lived in unsafe and unsanitary conditions due to real estate group’s years of neglect. Patterson Belknap filed an objection to the group’s proposed sale of its real estate portfolio, asserting that the...
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...
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.
Publication
U.S. Department of Education Formally Reverts to Title IX Rules from 2020
On September 29, 2026, the U.S. Department of Education (the “ED”) published a Final Rule, “Recodification of Title IX Rules,” formally removing the 2024 Title IX Rule from the Code of Federal Regulations (“CFR”) and restoring the provisions of the 2020 Title IX Rule, with a few exceptions.[1] The 2026 Title IX Rule took effect upon publication. For most schools, colleges, and other recipients of federal education funding, the 2026 Rule does not change day-to-day obligations, because the 2020 framework has governed since early 2025. It does, however, close a chapter of litigation and set the stage for further regulatory action. As we reported in our February 6, 2025 Alert, a federal district court vacated the entirety of the 2024...
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...
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...
Publication
Supreme Court Declines to Revisit “Undue Hardship” Standard in Religious Accommodations Cases
On October 5, 2026, the Supreme Court of the United States denied a request by a group of Washington firefighters for further clarification as to whether employers accused of illegally denying religious accommodations pursuant to Title VII of the Civil Rights Act (“Title VII”) must show that the requested workplace adjustments present an actual hardship. Petersen et al. v. Snohomish Regional Fire & Rescue et al., No. 25-1210. The Court’s denial of the petition for certiorari signals a vote of confidence from the Justices in their landmark 2023 Groff v. DeJoy decision, 600 U.S. 447 (2023), which heightened the previous “de minimis” standard for employers’ showing of undue hardship in cases of denied religious accommodations requests. Religious Accommodations and Undue...
Publication
Data Sale In Spirit Bankruptcy Raises Novel Privacy Risks
In August 2025, Spirit Airlines filed its second bankruptcy less than a year after its first. Although the company tried to find a way to keep the lights on, in May 2026, Spirit Airlines pivoted toward liquidation in the U.S. Bankruptcy Court for the Southern District of New York. Though asset sales are routine practice in large Chapter 11 cases like Spirit Airlines, in this case, the debtors' proposed sale of assets has raised novel data privacy questions that the law may not be ready to answer. To continue reading Daniel A. Lowenthal and Kimberly Black's article on this topic, please click here.
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
Law360 Spotlights Firm’s Litigation Department
Joshua Goldberg, Partner and Chair of the firm’s Litigation Department, was profiled by Law360 on the hallmarks of the department, including its trial-ready mindset and commitment to zealous advocacy. The feature also highlights the firm’s single-office operation as a key strength, along with its unique clerkship hiring model, focus on talent development, strategic lateral recruiting, and diverse litigation practice offerings. The profile is featured in Law360’s Litigation Daily and New York Pulse. To read the full profile, please click here.
Firm News
Firm Attorneys Honored by The Legal Aid Society at 2026 Pro Publico Awards
On October 7, 2026, The Legal Aid Society honored Of Counsel David Dykhouse and Associates Kimberly Black and Jillian Horowitz at its annual Pro Bono Publico Awards Ceremony. The Pro Bono Publico Award recognizes pro bono partners for their outstanding contributions to advancing equal justice for New Yorkers. Mr. Dykhouse, Ms. Black, and Ms. Horowitz were honored for their work representing a group of tenants in connection with a real estate group’s bankruptcy filing. Prior to its bankruptcy, the group owned 93 different properties with over 5,000 residential units. The tenants lived in unsafe and unsanitary conditions due to real estate group’s years of neglect. Patterson Belknap filed an objection to the group’s proposed sale of its real estate portfolio, asserting that the...
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