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Publications

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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 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

June 18, 2020

COVID-19 Update: New Retirement Plan Guidance on Electronic Notarization

June 17, 2020

Supreme Court Holds LGBTQ+ Workers Protected Nationwide

June 16, 2020

HHS Amends Tort Immunity Declaration Under the PREP Act to Clarify that Immunity Extends to Products that “Limit the Harm” COVID-19 “Might Otherwise Cause”

June 16, 2020

Proposed 4960 Excise Tax Regulations Issued

June 11, 2020

The U.S. Senate passes the Holding Foreign Companies Accountable Act

June 8, 2020

Paycheck Protection Program Flexibility Act and Updates on Foreign Affiliates and Loan Forgiveness

June 2, 2020

The Legal and Practical Considerations of Re-Opening Workplaces in the COVID-19 Era: Part Two – Legal Considerations, FAQS, and Best Practices

June 1, 2020

Bankruptcy Sales Under Section 363: The Business Judgment Test That Judges Often Cite Isn’t Always the One They Use

Norton Journal of Bankruptcy and Law Practice
June 1, 2020

The Legal and Practical Considerations of Re-Opening Workplaces in the COVID-19 Era: Part One – Practical Considerations

May 26, 2020

Summer 2020 Estate Planning Updates

May 22, 2020

CARES Act: Paycheck Protection Program Loan Forgiveness Application Released

May 18, 2020

The Impact of the CARES Act on US Consumers, Small Businesses, Bankruptcy and Insolvency Laws and Procedures

International Bankruptcy Journal
May 15, 2020

CARES Act: Paycheck Protection Program Guidance Updated

May 15, 2020

COVID-19 Update: New Section 125 Cafeteria Plan Relief and Guidance

May 8, 2020

CARES Act: Additional Guidance on the Paycheck Protection Program

May 6, 2020

COVID-19 Update: Additional Relief from the DOL for Employers During the Pandemic Outbreak Period

May 6, 2020

Cross-Border Tax-Related COVID-19 Relief

May 5, 2020

COVID-19 Update: IRS and DOL Extend COBRA and Other Benefit Plan Deadlines During the Pandemic Outbreak Period

May 5, 2020

New FCPA Decision Limits DOJ’s International Reach

Business Crimes Bulletin
May 4, 2020

CARES Act: Unemployment Relief

May 4, 2020

EEOC Issues Guidance on the Permissibility of Mandatory COVID-19 Testing in the Workplace

May 1, 2020

Estate Planning for Founders and Investors in Venture-backed Companies: Transfers of Qualified Small Business Stock by Gift

Tax Stringer
May 1, 2020

How High Court TM Profits Ruling Bears On False Advertising

Law360
May 1, 2020

INSIGHT: Don’t Expect High Court’s Romag Ruling to Upend Trademark Litigation

Bloomberg Law
April 24, 2020

CARES Act: Paycheck Protection Program (PPP) Additional Guidance and Additional Funds

April 22, 2020

HHS Issues Advisory Opinion Further Clarifying Scope of PREP Act Immunity

April 20, 2020

COVID-19 Update: Additional Guidance and Developments for Employers

April 20, 2020

Nonprofits Take on the COVID-19 Crisis: Art Museum Standards Temporarily Relaxed to Help Museums Meet New Economic Challenges

April 14, 2020

COVID-19: IRS Provides Additional Relief for Time-Sensitive Actions Relating to Employee Benefit Plans

April 14, 2020

New York Statewide Paid Sick Leave is Here to Stay

Page 8 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
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
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...
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...
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
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...
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
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.
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
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
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
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
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...
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...
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
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...
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