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Publications

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January 6, 2021

WTO to Discuss Member Proposal to Waive IP Rights for COVID-19 Technologies

January 5, 2021

Equal Justice Should Apply to All, Including the President’s Friends

Business Crimes Bulletin
January 5, 2021

Paycheck Protection Program Act Update: Consolidated Appropriations Act, 2021

January 4, 2021

NY Ruling On Amazon's Seller Liability Is Good For Plaintiffs

Law360
January 4, 2021

Stimulus Legislation Allows Temporary Changes to Health and Dependent Care Flexible Spending Account Plan Rules

December 22, 2020

The EEOC Issues Clarifying Guidance about COVID-19 Vaccines in the Workplace

December 16, 2020

Ransomware as Reminder: Back to Basics of Cyber Readiness

Legaltech News
December 15, 2020

SECURE Act Update: IRS Issues Guidance with Respect to Safe Harbor Plans

December 14, 2020

New York Passes Postmortem Right of Publicity Statute

December 8, 2020

Circuit Calls for Reintroduction of Parole for Federal Defendants

New York Law Journal
December 7, 2020

DOJ’s Arguments in Trump Litigation Should Benefit Other Defendants

New York Law Journal
December 4, 2020

HHS Broadens Scope of PREP Act Immunity for Individuals and Entities Fighting COVID-19

December 3, 2020

SEC Allows Electronic Signatures

November 19, 2020

For the First Time Since TC Heartland, the Federal Circuit Addresses Venue in an ANDA Case – the Holding May Also Impact BPCIA Litigation

November 18, 2020

State FCA Considerations For Cos. Seeking COVID-19 Relief

Law360
November 17, 2020

Federal Circuit: HP Not Estopped from Challenging Claims Deemed Unchallengeable in IPR That It Had Joined (November 2020)

The Intellectual Property Strategist
November 12, 2020

OFAC Art Transaction Advisory Signals Increased Scrutiny

Law360
November 9, 2020

SECURE Act Update: Nondiscrimination Testing Relief Related to Frozen or Closed Defined Benefit Plans and Changes to Permissible In-Service Distribution Ages for Defined Benefit and Money Purchase Plans

November 5, 2020

OFAC Issues Advisory on Sanctions Risks Arising from High-Value Artwork Transactions

November 3, 2020

SECURE ACT Update: Lifetime Income Illustrations

November 3, 2020

The 'Right to Control' Wire Fraud Theory Should Be Eliminated

Business Crimes Bulletin
October 28, 2020

Amendments to the New York City Earned Safe and Sick Time Act

October 28, 2020

Firm Attorneys Author Three-Part CLO Series in Bloomberg Law

October 27, 2020

SECURE ACT Update: Coverage and Plan Participation for Long-Term Part-Time Employees

October 26, 2020

SECURE ACT Update: Changes to Safe Harbor Notice Rules, New Birth or Adoption Distributions, and Increased Penalties for Missed Filings

October 15, 2020

Breaking Down Barriers to Judicial Clerkships – 5 Questions Asked & Answered

ABA's Before the Bar Blog
September 29, 2020

Department of Labor Announces Proposed Regulations Regarding Worker Classification Under the FLSA

September 17, 2020

Reminder to New York Employers: Sick-Leave Law Compliant Policy due September 30, 2020

September 15, 2020

DOL Issues Revised Regulations on COVID-19-Related Leave Under the FFCRA

September 15, 2020

Food Label Ruling Shows How To Make Preemption Stick

Law360
September 14, 2020

Federal Circuit: ITC Did Not Err in Denying Non-Respondent's Petition to Rescind Exclusion Order Based on Invalidity Grounds (September 2020)

The Intellectual Property Strategist
September 8, 2020

Department of Labor Issues Additional Guidance on COVID-19-Related Leave Based on School Reopening

September 1, 2020

Courts Are Right To Limit Disclosure Requirements For Cos.

Law360
August 19, 2020

Commercial Division Sees Uptick, Followed by Flattening in Case Filings

New York Law Journal
August 14, 2020

M&A Freeze-Out Ruling Underscores Minority Investor Rights

Law360
August 11, 2020

Looking Ahead to 2021 with a Focus on Your Estate Plan

August 5, 2020

Federal Judge in SDNY Strikes Down Key Limitations on Leave Under the FFCRA

July 28, 2020

Department of Labor Issues New Guidance, Including Much Needed Guidance on Telework

July 17, 2020

INSIGHT: Implications of Covid-19 for Catastrophe Bond Litigation

Bloomberg Law
July 16, 2020

COVID-19 Business Interruption Coverage – Chief Roadblocks And Potential Paths To Coverage For Commercial Losses In New York

Mealey's Emerging Insurance Disputes
July 9, 2020

Federal Circuit Holds That Amendments to Biosimilar’s BLA Do Not Trigger Anew BPCIA’s Notice of Commercial Marketing Provision

July 8, 2020

FDA Releases COVID-19 Vaccine Guidance for Industry

July 6, 2020

INSIGHT: Business Interruption Recovery in New York—Two Cases Might Help

Bloomberg Law
July 6, 2020

No Antitrust Violations for Creating and Enforcing Humira Patent Thicket

July 6, 2020

Paycheck Protection Program Act Updates

July 6, 2020

U.S. Supreme Court Determines Otherwise Generic Term When Combined With Generic “.com” Can Be A Registrable Trademark

July 2, 2020

Update on New York State’s COVID-19 Sick Leave: Employees Who Engage in Non-Essential Travel to High Risk States Are Ineligible

June 24, 2020

COVID-19 Update: IRS Issues Guidance on Coronavirus-Related Distributions and Plan Loans Under the CARES Act

Page 7 of 18

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Firm Highlights

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:...
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...
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.
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...
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.
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...
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.
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:...
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...
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.
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...
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.
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