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Publications

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April 14, 2021

The SCOTUS Ford Decision Is Good News for Mass Tort Defendants

<em>Bloomberg Law</em>
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
January 6, 2021

Federal Circuit: Post-Employment Assignment Clause Void Under California Law (January 2021)

The Intellectual Property Strategist
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

Page 7 of 19

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Firm Highlights

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