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Publications

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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
March 2, 2022

Direct Investing: Structuring Family Investments in High-Growth Companies

March 1, 2022

SCOTUS ERISA Fee Litigation Update: Hughes et al. v. Northwestern University

February 23, 2022

Structuring a Home Purchase

February 22, 2022

New York Labor Law Section 740: Amendments Expand Whistleblower Protections

February 17, 2022

Accelerating Charitable Efforts Act Reaches the House

February 16, 2022

Five Situations When Founders Should Consider Engaging Their Own Legal Counsel

February 4, 2022

FinCEN Issues Notice of Proposed New Beneficial Ownership Information Reporting Requirements Under the Corporate Transparency Act

January 25, 2022

New York City Salary Law

January 24, 2022

Buttery Smooth Application: District Courts Narrowly Apply Second Circuit Precedent in False-Ad Cases

January 19, 2022

Supreme Court Rejects OSHA Mandate

January 10, 2022

Pair of Federal Circuit Decisions Address Standing to Appeal Adverse IPR Decision

The Intellectual Property Strategist
January 5, 2022

Expert Witness Testimony Rule Changes Would Serve Justice

Bloomberg Law
December 29, 2021

End of Year Update

December 21, 2021

Take 2: OSHA Vaccine or Testing Mandate Back in Effect

December 20, 2021

Court Split On Amazon's Seller Liability Could Be Moot

Law360
December 16, 2021

New York City Issues Guidance on Vaccine Mandate for Private Employers

December 10, 2021

Governor Hochul Issues Mask or Vaccine Mandate to New York Businesses

December 6, 2021

New York City Announces Vaccine Mandate for All Private Employers and Additional Expansions to Current Rules

December 3, 2021

New York City Health Commissioner Issues Omicron Variant Masking Advisory

December 2, 2021

Can A Private Citizen Perform An Official Act?

Business Crimes Bulletin
November 5, 2021

OSHA’s COVID-19 Vaccination Mandate: What This Means for Your Workplace

October 25, 2021

New York Department of Labor Issues Guidance on Adult Use Cannabis and the Workplace

September 13, 2021

SECURE Act Update: Lifetime Income Illustrations Implementing FAQs

September 9, 2021

Federal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgement of Invalidity Under 35 U.S.C. §101

The Intellectual Property Strategist
September 8, 2021

New York Requires Employers to Implement Airborne Infection Diseases Exposure Prevention Plans Under the NY HERO Act

August 26, 2021

The New Consumer Class Action Trend: Corporate Character Attacks

Bloomberg Law
August 16, 2021

Reminder: Notices Required For the End of COBRA Premium Assistance

July 22, 2021

NFTs May Come With Rewards, But Also Legal Risks

Law360
July 19, 2021

Adapting to Remote Proceedings in the Post-Pandemic Era

The National Law Journal
July 19, 2021

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

GCR's US Courts Annual Review

Second Edition

July 9, 2021

New York Releases New Guidance on Implementation of the HERO Act

July 7, 2021

Supreme Court Invalidates California Schedule B Disclosure Law

June 21, 2021

New York Lifts Most Statewide COVID-19 Restrictions

June 14, 2021

Senate Bill Proposes Dramatic Changes for Donor Advised Funds and Private Foundations

June 11, 2021

Senate Bill Proposes Dramatic Changes for Donor Advised Funds and Private Foundations

June 7, 2021

CFAA and the High Court's Fight Against Overcriminalization

Law360
June 7, 2021

OFAC Asks Non-U.S. Persons to Advance U.S. Foreign Policy

Business Crimes Bulletin
June 4, 2021

IRS Publishes Detailed Guidance Relating to ARPA COBRA Premium Assistance

May 26, 2021

NY’s New Marijuana Law: Implications for False Advertising and Products Liability Lawsuits

New York Law Journal
May 20, 2021

New Federal and State Guidance Regarding Vaccinated Employees

May 7, 2021

New York Imposes New Workplace Safety Measures with Passage of the HERO Act

May 3, 2021

Federal Circuit: The Doctrine of Equivalents is Not a Binary Choice

The Intellectual Property Strategist
April 15, 2021

American Rescue Plan Act: New Guidance on COBRA Premium Assistance

Page 6 of 19

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Firm Highlights

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
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 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...
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.
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
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
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
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
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 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...
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.
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.
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