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Publications

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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

October 14, 2021

Vaccine-Related Liability: Past Approaches, Current Challenges, and Proposals for Encouraging Future Innovation and More Widespread Vaccine Use

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

July 1, 2021

Supreme Court Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'

Business Crimes Bulletin
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 13, 2021

Challenging Class Cert. When Plaintiffs Missed 'False' Ad

Law360
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

March 22, 2021

American Rescue Plan: FFCRA Leave and Expansion of Pandemic Unemployment Assistance

March 19, 2021

American Rescue Plan Act: COBRA Premium Subsidies and Increased Limits for Dependent Care Benefits

March 18, 2021

New York Employees Now Entitled to Paid Leave for COVID-19 Vaccination

March 17, 2021

The Holding Foreign Companies Accountable Act and its Potential Repercussions

March 9, 2021

DOL Issues Additional Guidance Regarding the Duration of Previously Announced Deadline Extensions

March 4, 2021

Federal Circuit: Texas Court Abused Its Discretion By Delaying On Venue Transfer Motion While Proceeding With the Merits of the Case (March 2021)

The Intellectual Property Strategist
March 3, 2021

IRS Guidance on Additional Flexible Spending Account and Mid-Year Election Relief Under Cafeteria Plans in 2021 and 2020

February 18, 2021

Federal Circuit Axes Amgen Antibody Patents, Finding Lack of Enablement

February 12, 2021

Securities Market Urgently Needs Federal Insider Trading Law

Law360
February 9, 2021

EEOC Revises Enforcement Guidance on Religious Discrimination

February 4, 2021

Justices Should Revisit 2nd Circ. Theory In NCAA Bribe Case

Law360
February 2, 2021

New York State Issues New Guidance Clarifying Eligibility for COVID-19 Leave

February 1, 2021

2021 Biosimilar Approval and Litigation Update

January 19, 2021

Who Should Apply to IRS’ Voluntary Disclosure Program?

Think Advisor
January 8, 2021

What’s Ahead in 2021 for Reverse-Payment Settlement Litigation

Bloomberg Law

Page 6 of 18

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Firm Highlights

Blog Post
Supreme Court Reaffirms Disgorgement in Sripetch, But Jury Question Looms
In our January 2026 post, Supreme Court to Clarify the SEC’s Disgorgement Powers, we previewed the Supreme Court’s decision to take up Sripetch v. Securities & Exchange Commission,[1] a case in which defendants sought to pare back the SEC’s authority to seek disgorgement. The case resolves a circuit split that arose in the wake of Liu v. SEC.[2]  In Liu, the Court sought to clarify the SEC’s ability to impose the penalty of disgorgement, ruling that disgorgement was available as equitable relief, but to avoid transforming an equitable remedy into a punitive one, “the remedy [is restricted] to an individual wrongdoer’s net profits to be awarded for victims.” In response to Liu’s requirement that disgorgement be “awarded for victims,” the Second Circuit...
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.
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...
Firm News
Firm Secures Preliminary Injunction on Behalf of Eli Lilly in Prescription Rebate Fraud Litigation
On June 9, 2026, Patterson Belknap secured a preliminary injunction on behalf of the firm's client, Eli Lilly and Co. ("Eli Lilly"), in a litigation alleging that the defendants caused Eli Lilly to pay more than $200 million in fraudulent rebates.  The suit was brought against DrugPlace, Inc. ("DrugPlace") and several related entities and individuals in May 2026, alleging that the defendants claimed to have provided prescription drug coverage for tens of thousands of members of two national churches, but in fact neither the healthcare plans nor the patients existed. The U.S. District Court for the Southern District of Florida granted Eli Lilly's preliminary injunction, as agreed upon by DrugPlace and its related entities. The ruling restricts defendants from submitting rebate claims...
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...
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
Bankruptcy Court Decides Issue of First Impression Concerning Code Section 365(h)
When a debtor that is a landlord rejects a real property lease in bankruptcy, the tenant has a choice. Either the tenant can treat the lease as terminated or retain its rights under the lease. These rights include the use, possession, quiet enjoyment, subletting, and hypothecation of the property. In a recent case, the parties and the court grappled with this question: when does the tenant need to make that decision? When the lease is rejected, or by some other date? Interestingly, neither the court nor the parties found case law on this issue. It was one of first impression. In re All Star Props., LLC, No. 25-41314, 2026 Bankr. LEXIS 1461 (Bankr. N.D. Ga. June 15, 2026). The debtor owns...
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...
Publication
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? To continue reading Daniel A. Lowenthal's article in The Bankruptcy Strategist, please click here.
Event
Stephanie Bunting Glaser and Jo Backer Laird to Present Children's Art Carnival Webinar
On Wednesday, July 22, Counsel Stephanie Bunting Glaser and Retired Of Counsel Jo Backer Laird will present a webinar for The Children's Art Carnival titled "Contracts and Copyright for Artists." Ms. Glaser and Ms. Laird will share the basics of copyright law and focus on contracts with galleries. They will also cover rights of publicity, including approaches to photography in public places. To learn more, please click here.
Blog Post
Supreme Court Reaffirms Disgorgement in Sripetch, But Jury Question Looms
In our January 2026 post, Supreme Court to Clarify the SEC’s Disgorgement Powers, we previewed the Supreme Court’s decision to take up Sripetch v. Securities & Exchange Commission,[1] a case in which defendants sought to pare back the SEC’s authority to seek disgorgement. The case resolves a circuit split that arose in the wake of Liu v. SEC.[2]  In Liu, the Court sought to clarify the SEC’s ability to impose the penalty of disgorgement, ruling that disgorgement was available as equitable relief, but to avoid transforming an equitable remedy into a punitive one, “the remedy [is restricted] to an individual wrongdoer’s net profits to be awarded for victims.” In response to Liu’s requirement that disgorgement be “awarded for victims,” the Second Circuit...
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.
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...
Firm News
Firm Secures Preliminary Injunction on Behalf of Eli Lilly in Prescription Rebate Fraud Litigation
On June 9, 2026, Patterson Belknap secured a preliminary injunction on behalf of the firm's client, Eli Lilly and Co. ("Eli Lilly"), in a litigation alleging that the defendants caused Eli Lilly to pay more than $200 million in fraudulent rebates.  The suit was brought against DrugPlace, Inc. ("DrugPlace") and several related entities and individuals in May 2026, alleging that the defendants claimed to have provided prescription drug coverage for tens of thousands of members of two national churches, but in fact neither the healthcare plans nor the patients existed. The U.S. District Court for the Southern District of Florida granted Eli Lilly's preliminary injunction, as agreed upon by DrugPlace and its related entities. The ruling restricts defendants from submitting rebate claims...
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...
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...
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