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Publications

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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

April 14, 2021

The SCOTUS Ford Decision Is Good News for Mass Tort Defendants

Bloomberg Law
April 2, 2021

The EEOC Has Announced a New Deadline for Employers to Submit Workplace Diversity Data

April 1, 2021

IRS Guidance: COVID-19 PPE May be Eligible to be Reimbursed from Health FSAs, HRAs, and HSAs

March 24, 2021

Employee Retention Credit Further Expanded by the American Rescue Plan Act

Page 6 of 19

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Firm Highlights

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.
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
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
New York Appellate Court Limits the Manhattan DA’s Use of Criminal Turnover Orders to Resolve Disputed Art Ownership
On September 17, 2026, the New York Appellate Division, First Department, issued a major decision in In the Matter of an Application for a Search Warrant to Search the Premises Located at The Art Institute of Chicago. The court considered whether N.Y. Penal Law § 450.10, a criminal turnover statute, authorizes a court to adjudicate disputed ownership of property and order its surrender without affording the holder full civil due process (and instead proceeding by way of a summary proceeding in criminal court). The First Department unanimously held that it does not, vacating a seizure warrant and turnover orders that had directed the Art Institute of Chicago (“AIC”) to surrender a painting to the heirs of a Holocaust victim. (Slip Op....
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...
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.
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...
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.
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...
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.
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.
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
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
New York Appellate Court Limits the Manhattan DA’s Use of Criminal Turnover Orders to Resolve Disputed Art Ownership
On September 17, 2026, the New York Appellate Division, First Department, issued a major decision in In the Matter of an Application for a Search Warrant to Search the Premises Located at The Art Institute of Chicago. The court considered whether N.Y. Penal Law § 450.10, a criminal turnover statute, authorizes a court to adjudicate disputed ownership of property and order its surrender without affording the holder full civil due process (and instead proceeding by way of a summary proceeding in criminal court). The First Department unanimously held that it does not, vacating a seizure warrant and turnover orders that had directed the Art Institute of Chicago (“AIC”) to surrender a painting to the heirs of a Holocaust victim. (Slip Op....
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...
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.
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