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Publications

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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 12, 2023

Commercial Division Denies Car Dealership Owner’s Motion to Dismiss Suit Brought by Dealership’s Operating Companies, Puts Internal Dispute Back in Gear

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 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 15, 2023

Commercial Division Rejects Co-Owner's Petition for Judicial Corporate Dissolution Amidst Protracted Unwinding of a Bronx Family Business

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
April 26, 2023

Commercial Division Clarifies the Scope of Motions to Compel Arbitration in Commercial Disputes

April 12, 2023

Where Meat-Free Labeling Stands as 5th Circ. Mulls State Law

Law360
March 30, 2023

Commercial Division Finds Alleged Obligations Under Term Sheet Constitute Unenforceable Agreement to Agree

March 29, 2023

Commercial Division Dismisses Breach-of-Fiduciary-Duty Case on Summary Judgment in Long-Running Familial Dispute

March 27, 2023

Donations of Private Stock: Timing is Everything

March 22, 2023

Commercial Division Dismisses ’33 Act Claim for Lack of Contemporaneous Falsehood

March 16, 2023

"Fit" For Dismissal: SDNY Rejects Class Action Misapplying FDA's "Healthy" Regulation

March 7, 2023

Grin and Bare It: Usufruct and Naked Ownership Structures in the United States

Tax Notes
March 6, 2023

OFAC Advises Companies To Institute Rigorous Compliance Controls In Light Of Russia-Related Sanctions

March 1, 2023

Nothing Fishy About Expecting Consumers to Read the Ingredient List

February 15, 2023

Second Circuit Narrows Reach of Wire Fraud and Insider Trading Prohibitions

Business Crimes Bulletin
February 9, 2023

New Rules on Charitable Gifts of Cryptocurrency

February 6, 2023

Pending FDA Cosmetics Review Allows Class Action Defense

Law360
January 25, 2023

OFAC Announces Amendments Authorizing General Licenses For Humanitarian Relief

January 23, 2023

DOL Issues New Regulations on ESG Investing for ERISA Retirement Plans

January 18, 2023

FTC Proposes New Rule Banning Non-Compete Clauses

January 18, 2023

New York Employers Must Provide Digital Copies of Workplace Notices To Their Employees

January 18, 2023

New York Not-for-Profit Governance Reminders for the New Year

January 12, 2023

Commercial Division Decision Provides Example of a Pre-Answer Motion to Dismiss Based on Documentary Evidence

December 15, 2022

FinCEN Issues Final Rule for Beneficial Ownership Information Reporting Requirements Under the Corporate Transparency Act

November 9, 2022

The Pinckney Plan, Dubious History and Originalism

The National Law Journal
November 1, 2022

Carrots and Sticks: DAG Lisa Monaco Puts Her Stamp on DOJ’S Corporate Criminal Enforcement Policies

Business Crimes Bulletin
October 27, 2022

IRS Extends Deadline for Plan Amendments Under Certain Provisions of the CARES Act and the Relief Act

October 19, 2022

The End to Mandatory Arbitration of Sexual Assault and Sexual Harassment Disputes

Page 4 of 18

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Firm Highlights

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...
Event
Julie Simeone to Speak on Trade Secrets Panel
On Monday, June 29, Partner Julie Simeone will speak on a World Services Group webinar titled "The Invisible Asset: Trade Secrets in US and Canada." Ms. Simeone will join Chantal Desjardins (Partner and Trademark Agent, Lavery) and James Duffy (Patent Agent and Senior Associate, Lavery) for a practical panel on trade secret protection enforcement examining how businesses identify and safeguard confidential information across the commercial lifecycle. To learn more, please click here.
Event
Justin Zaremby to Speak at NACUA's 2026 Annual Conference
On Tuesday, June 30, Partner Justin Zaremby will speak on a panel at the National Association of College and University Attorneys 2026 Annual Conference titled "Gifts and Endowments 101: Balancing Long-Term Planning with Short-Term Pressure." Mr. Zaremby will join Quinn Williams (General Counsel, University of Wisconsin) and Brittany Cvetanovich (Counsel, Massachusetts Institute of Technology) to explore the challenges of accepting and documenting charitable gifts and share considerations for managing complex gifting scenarios. To learn more, please click here.
Firm News
Firm Files False Advertising Lawsuit on Behalf of Danone US
On June 15, 2026, Patterson Belknap filed a false advertising lawsuit on behalf of Danone US, LLC against rival Chobani LLC. To read a copy of the complaint, please click here.
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...
Firm News
Firm Recognized With Top-Tier Rankings in The Legal 500 2026
Patterson Belknap is proud to announce that the firm has been recognized in The Legal 500’s United States guide as well as in its New York Elite and Private Client guides.    The following firm practices were recognized by The Legal 500: Advertising and Marketing: Litigation – United States Art and Cultural Property – Private Client Cybersecurity and Data Protection – New York Elite Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Not-For-Profit: Fortune 1000 Private Foundations, National Trade Associations, and Charities – United States In addition, the following firm attorneys received recognition: Anne-Laure Alléhaut in Art and Cultural Property – Private Client H. Gregory Baker in Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Michael F. Buchanan in Dispute Resolution: Corporate Investigations and...
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:...
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...
Blog Post
Rest Assured: Pillow Design Patent Survives Inventorship and Invalidity Challenges
On June 7, 2026, District Judge Brian Cogan (E.D.N.Y.) granted Plaintiff Hit Notion LLC’s (Hit Notion’s) summary judgment motion on patent inventorship, on-sale bar, and obviousness, denying a summary judgment motion by Defendant Digitalprints USA Corporation d/b/a Cheer Collection (Cheer Collection) for invalidity based on similar issues and indefiniteness. Hit Notion LLC v. Digitalprints USA Corp., No. 24-cv-7986, 2026 BL 219173 (E.D.N.Y. June 7, 2026). This dispute arose in March 2017 when the parties, both pillow retailers, requested custom pillow designs from the same Chinese pillow manufacturer, MJ Textile. MJ Textile sent the same photo of a sample pillow to both parties, and the parties unknowingly purchased and began selling similar pillows. Id. at *1-2. Hit Notion filed a patent application for...
Blog Post
Retention of Bankruptcy Professionals: Court Concludes that a Debtor’s First Cousin is Not a “Relative” and Thus Not an “Insider”
A professional seeking to represent a debtor under Bankruptcy Code section 327(a) must not hold an interest adverse to the bankruptcy estate and must be disinterested.   A debtor’s insiders often cannot satisfy these tests. The Bankruptcy Code defines “insider” to include a “relative” of the debtor. And a “relative” is someone related to the debtor “within the third degree as determined by the common law." What does this latter phrase mean and how is it applied? In a recent case, a chapter 11 debtor sought to employ an accounting firm under section 327(a). The principal of the accounting firm was the first cousin of the owner of the debtor corporation. The U.S. Trustee objected to the retention, arguing that the debtor’s cousin was an...
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...
Event
Julie Simeone to Speak on Trade Secrets Panel
On Monday, June 29, Partner Julie Simeone will speak on a World Services Group webinar titled "The Invisible Asset: Trade Secrets in US and Canada." Ms. Simeone will join Chantal Desjardins (Partner and Trademark Agent, Lavery) and James Duffy (Patent Agent and Senior Associate, Lavery) for a practical panel on trade secret protection enforcement examining how businesses identify and safeguard confidential information across the commercial lifecycle. To learn more, please click here.
Event
Justin Zaremby to Speak at NACUA's 2026 Annual Conference
On Tuesday, June 30, Partner Justin Zaremby will speak on a panel at the National Association of College and University Attorneys 2026 Annual Conference titled "Gifts and Endowments 101: Balancing Long-Term Planning with Short-Term Pressure." Mr. Zaremby will join Quinn Williams (General Counsel, University of Wisconsin) and Brittany Cvetanovich (Counsel, Massachusetts Institute of Technology) to explore the challenges of accepting and documenting charitable gifts and share considerations for managing complex gifting scenarios. To learn more, please click here.
Firm News
Firm Files False Advertising Lawsuit on Behalf of Danone US
On June 15, 2026, Patterson Belknap filed a false advertising lawsuit on behalf of Danone US, LLC against rival Chobani LLC. To read a copy of the complaint, please click here.
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...
Firm News
Firm Recognized With Top-Tier Rankings in The Legal 500 2026
Patterson Belknap is proud to announce that the firm has been recognized in The Legal 500’s United States guide as well as in its New York Elite and Private Client guides.    The following firm practices were recognized by The Legal 500: Advertising and Marketing: Litigation – United States Art and Cultural Property – Private Client Cybersecurity and Data Protection – New York Elite Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Not-For-Profit: Fortune 1000 Private Foundations, National Trade Associations, and Charities – United States In addition, the following firm attorneys received recognition: Anne-Laure Alléhaut in Art and Cultural Property – Private Client H. Gregory Baker in Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense – United States Michael F. Buchanan in Dispute Resolution: Corporate Investigations and...
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