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Publications

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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

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

October 6, 2022

Avoiding a Trap for the Unwary: Gains from Secondary Sales Treated as Compensation

September 23, 2022

Deputy Attorney General Announces Further Revisions to Corporate Criminal Enforcement Policies

September 20, 2022

IRS Extends Deadline for Plan Amendments Under the SECURE Act, Miners Act, and Certain CARES Act Provisions

September 15, 2022

Joint Juice Ruling Fails to Quench Thirst for Guidance on Class-Wide Statutory Damages Awards

August 18, 2022

Johnson Stands (For Now): Eleventh Circuit Keeps Its Ban on Class Rep Incentive Awards

August 1, 2022

Coronavirus (COVID-19) Resource Center

August 1, 2022

EEOC Updates Workplace Guidance on COVID-19 Testing

July 26, 2022

Examining Equitable Mootness After High Court Ch. 11 Denial

Law360
July 22, 2022

The Reversal of Roe: Impact on Employer-sponsored Benefits post-Dobbs

July 21, 2022

Looking Back on the Breach: Fundamentals of Preserving Privilege of Forensic Analyses in the Wake of a Data Breach

Cybersecurity Law Report
July 5, 2022

Federal Court to Consider Constitutionality of Juiced-Up Statutory Damages Awards in Consumer Class Actions

June 28, 2022

Firm Attorneys Author “Trends in Class Certification” Chapter in GCR’s US Courts Annual Review

GCR's US Courts Annual Review
June 15, 2022

What Lawyers Need To Know About Non-Fungible Tokens: Part 2

New York Law Journal
June 8, 2022

New York City Wage Transparency Law Guidance Issued

May 26, 2022

Tenth Circuit Reverses, Finds Bakery’s Lanham Act Claim Under-Proofed

May 17, 2022

New OFAC General License Clarifies Ability to Engage in Humanitarian Aid in Ukraine and Russia

May 12, 2022

New York City Salary Law Amendment

May 10, 2022

New York Employers Now Required to Provide Notice of Electronic Monitoring

May 3, 2022

Federal Circuit Affirms Precedential Opinion Panel Decision Limiting the Circumstances In Which the Board Should Raise Sua Sponte Patentability Issues Against Proposed Substitute Claims

The Intellectual Property Strategist
May 3, 2022

Repairing the Foreign Agents Registration Act

Business Crimes Bulletin
May 3, 2022

SEC Reaches Settlement with App Annie: Alternative Data and Implications for Investors

April 19, 2022

Equity Compensation Highlight: Stock Options and Restricted Stock

April 14, 2022

New Decision on “Free Range” Hens Has Manufacturers Walking On Eggshells

April 4, 2022

Consumer Claims Melt Away Under District Court’s Scrutiny

March 31, 2022

New York City Salary Law Guidance and Proposed Amendment

March 28, 2022

What Lawyers Need To Know About Non-Fungible Tokens: Part 1

New York Law Journal
March 22, 2022

The Activation of Exposure Prevention Plans Under the NY HERO Act Has Ended

March 21, 2022

Is Daubert Now A Dirty Word?

American Bar Association
March 15, 2022

Tax Benefits of Advance Planning

March 9, 2022

Investing for Impact: Opportunities for Entrepreneurial Philanthropy

March 4, 2022

Federal Circuit: Applicant Admitted Prior Art Cannot Provide a “Basis” for a Ground of Unpatentability In an IPR, But Can be Cited for Other Purposes

The Intellectual Property Strategist

Page 5 of 19

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Firm Highlights

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...
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
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.
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.
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.
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
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.
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....
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
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
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...
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
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.
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.
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.
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...
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