Author Info for Patterson Belknap Webb & Tyler LLP

Anne-Laure Alléhaut

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

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Charlotte Allyn

Joining Other Government Regulators, NLRB GC Seeks to Curb Most Non-Compete Agreements

On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo took yet another step to ban restrictive covenants in the employment context. In a memo issued to all regional offices, she set forth her…more

Federal Trade Commission (FTC), NLRA, NLRB, NLRB General Counsel, Non-Compete Agreements

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Colleen Anderson

Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged in…more

Animal Health, Anticompetitive Behavior, Antitrust Litigation, Competition, Generic Drugs

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Samantha Anderson

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

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Christopher Angell

Federal Tax Reform May Affect Estate Planning

On November 2, the House Ways and Means Committee released a draft tax reform bill known as the Tax Cuts and Jobs Act. The Senate Finance Committee followed on November 9 with its own outline for tax reform legislation. Both…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Income Taxes

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Michael Arlein

Key Employment Issues for Founders

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are…more

At-Will Employment, Contract Negotiations, Employees, Employment Contract, Entrepreneurs

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Sara Arrow

Recent Ransomware Attacks Highlight the Evolving Challenges in Responding to Cyber Extortion

A spate of recent ransomware attacks illustrates the increasingly difficult calculations that businesses face following the theft or encryption of their data…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Extortion

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Shelley Attadgie

Eight Noteworthy Investment Adviser Enforcement Actions From the First Half of 2023

Presented below is a highlight of eight noteworthy enforcement actions the Securities and Exchange Commission has taken against investment advisers through the second quarter of 2023. Since the beginning of this year, the SEC’s…more

Breach of Duty, Broker-Dealer, Conflicts of Interest, Enforcement Actions, Fiduciary Duty

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H. Gregory Baker

SEC Settlement: Cybersecurity Internal Controls

On June 18, 2024, the Securities and Exchange Commission (“SEC”) announced a $2.1 million civil penalty settlement of charges against R.R. Donnelley & Sons (“RRD”), a global provider of business communications services and…more

Compliance, Cyber Attacks, Cybersecurity, Data Breach, Data Protection

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Abhishek Bapna

One Down But One to Go: Judge McMahon Concludes Asserted Patent is Not Unenforceable Through Infectious Unenforceability

On February 23, 2024, Judge McMahon (S.D.N.Y.) entered findings of fact and conclusions of law pertaining to issues relating to Defendant Lutron Electronics Co. (“Lutron”)’s defenses of invalidity and unenforceability of U.S…more

Patent Applications, Patent Invalidity, Patent Litigation, Patents, USPTO

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Andrew Beame

2024: A New Year; A New Reporting Regime

As discussed in our February 4, 2022 client alert and our December 15, 2022 client alert, certain legal entities are now subject to new reporting requirements in the United States about their beneficial ownership pursuant to the…more

Beneficial Owner, Business Entities, Corporate Transparency Act, FinCEN, Regulatory Requirements

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Nadav Ben Zur

Buttery Smooth Application: District Courts Narrowly Apply Second Circuit Precedent in False-Ad Cases

Consumers in false-advertising cases have long targeted food packaging for purportedly misrepresenting the presence or quantity of an ingredient in a product. These litigants typically contend that a product’s name—e.g., “All…more

Advertising, False Advertising, Food Labeling, Food Manufacturers, Food Marketing

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Ari Bental

Supreme Court Hears Oral Arguments in SEC v. Cochran, a Case Concerning Challenges to Federal Administrative Proceedings

On November 7, 2022, the U.S. Supreme Court heard oral arguments in the cases of SEC v. Cochran and Axon Enterprise, Inc. v. FTC, which address whether respondents in federal administrative proceedings have the ability to pose…more

Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, SCOTUS, Securities and Exchange Commission (SEC)

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Morgan Berenbaum

2024: A New Year; A New Reporting Regime

As discussed in our February 4, 2022 client alert and our December 15, 2022 client alert, certain legal entities are now subject to new reporting requirements in the United States about their beneficial ownership pursuant to the…more

Beneficial Owner, Business Entities, Corporate Transparency Act, FinCEN, Regulatory Requirements

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Karen Berry

New York Passes Postmortem Right of Publicity Statute

On November 30, 2020, New York Governor Andrew Cuomo signed a new right of publicity statute into law, which will take effect 180 days after enactment. The law allows successors in interest of deceased “performers” and…more

Advertising, Celebrities, Commercial Use, Deceased, Governor Cuomo

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Erika Birk

TikTok Ban on Government Contractors’ Devices

In recent years, TikTok has become one of the most popular social media apps in the United States, with more than 150 million users, and the most popular smartphone app in the United States. Despite its widespread popularity in…more

Data Security, Federal Contractors, Mobile Apps, Mobile Devices, Social Media

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Kimberly Black

Individuals Charged with Bankruptcy Crimes Are Connected to Controversial Mayor of Dolton, Illinois

Under federal law, a debtor may be criminally prosecuted for various kinds of misconduct in connection with a bankruptcy case, including concealing assets, falsifying information, embezzlement, or bribery. See 18 U.S.C. §§ 152,…more

Bankruptcy Code, Bankruptcy Court, Bribery, Commercial Bankruptcy, Corporate Misconduct

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Anna Boltyanskiy

Second Circuit Sheds Light On Voir Dire Challenges

In United States v. Mendlowitz, the Second Circuit (Kearse, Pooler, and Menashi) issued a summary order in which the panel affirmed the defendant-appellant’s conviction for wire fraud and conspiracy to commit wire fraud…more

Bias, Criminal Convictions, Juror, Wire Fraud

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Jacqueline Bonneau

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved Nationally

Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest that…more

Discrimination, First Amendment, Grants, Hedge Funds, Race Discrimination

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Sarah Brand

Supply Demanded: Ninth Circuit Confirms Classwide Damages Models Must Account for Supply-Side Factors

In a decision issued earlier this year, Mier v. CVS Health, 2023 U.S. App. LEXIS 19472 (9th Cir. 2023), the Ninth Circuit held (per our research, for the first time) that class-wide damages models must be based on conjoint…more

Advertising, Class Action, Class Certification, Damages, False Advertising

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Jacqueline Brandon

Update: Judge Issues Decision and Final Judgment in DOJ Antitrust Case Against JetBlue

In May, we discussed two antitrust lawsuits brought against JetBlue Airways Corporation (“JetBlue”) by the U.S. Department of Justice (“DOJ”) in the District of Massachusetts. One lawsuit is focused on JetBlue’s proposed…more

Acquisitions, Antitrust Litigation, Department of Justice (DOJ), Sherman Act

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Katherine Brisson

Second Circuit Remands for Resentencing in Watts v. United States

In Watts v. United States, the Second Circuit (Livingston, Parker, Park) issued an unpublished summary order that affirmed Michael Watts’ convictions for his role in a pump-and-dump scheme, and agreed with the government that…more

Criminal Convictions, Fraud, Indictments, Pump and Dump

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Jennifer Brown

Your Estate Plan and the Corporate Transparency Act

You may already be aware of a new federal law called the Corporate Transparency Act (the CTA), which became effective on January 1, 2024. The CTA was enacted as part of the National Defense Authorization Act and mandates that…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Limited Liability Company (LLC)

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Hannah Brudney

New York City Bans Employment Discrimination Based on Height and Weight

On May 26, 2023, Mayor Adams signed into law an amendment to the New York City Human Rights Law, banning discrimination on the basis of an individual’s height or weight. The law will become effective on November 22, 2023. …more

Anti-Discrimination Policies, Discrimination, Employer Responsibilities, Employment Discrimination, Hiring & Firing

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Henry Bubel

Cross-Border Tax-Related COVID-19 Relief

On April 21, 2020, the IRS released a much-awaited package of guidance in the cross-border tax space that provides relief to those impacted by the COVID-19 pandemic. The guidance relates to (1) day-counting for both tax…more

Coronavirus/COVID-19, IRS, Relief Measures

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Michael Buchanan

New York’s Department of Financial Services Seeks Comment on the Use of Artificial Intelligence in Insurance Underwriting and Pricing

The New York State Department of Financial Services (“DFS”) has entered its voice regarding the use of artificial intelligence (“AI”) by insurers by issuing for public comment a proposed circular letter addressing the use of…more

Artificial Intelligence, Discrimination, Financial Services Industry, Insurance Regulations, NYDFS

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Stephanie Bunting Glaser

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

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Dakotah Burns

Commercial Division Finds Alleged Obligations Under Term Sheet Constitute Unenforceable Agreement to Agree

As we have written about previously, the Commercial Division has held that certain types of preliminary agreements between parties constitute unenforceable “agreements to agree” under New York law. To avoid this fate, a party…more

Mortgages, Real Estate Development, Real Estate Investments

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Laura Butzel

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved Nationally

Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest that…more

Discrimination, First Amendment, Grants, Hedge Funds, Race Discrimination

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Lachlan Campbell-Verduyn Ph.D.

Full Federal Circuit Denies En Banc Review of Jurisdictional Decision with Important Implications for BPCIA Litigation

On June 20, 2016, the full Federal Circuit denied Mylan’s petitions for rehearing en banc in Acorda Therapeutics Inc. v. Mylan Pharms. Inc., 817 F.3d 755 (Fed. Cir. 2016), leaving intact the panel’s decision affirming two…more

Abbreviated New Drug Application (ANDA), BPCIA, Commercial Marketing, Corporate Counsel, Forum Selection

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Jessica Carter

Interim Guidance on Matching Qualified Student Loan Payments

Until recently, employer matching contributions under qualified plans were required to be conditioned solely upon employee contributions made to the plan. However, one of the many changes enacted by the Consolidated…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Contributions, Employees

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William Cavanaugh Jr.

DOJ and FTC File Statement of Interest in Hotel Room Algorithmic Pricing Case

On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars…more

Algorithms, Anti-Competitive, Antitrust Division, Antitrust Violations, Compliance

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J. Jay Cho Ph.D.

FDA’s Draft Guidance for Industry Seeks to Answer Questions on Biosimilar Interchangeability

FDA has published new draft guidance for industry titled “Biosimilarity and Interchangeability: Additional Draft Q&As on Biosimilar Development and the BPCI Act.” …more

Biologics, Biosimilars, BPCI, Draft Guidance, Food and Drug Administration (FDA)

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Lisa Cleary

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved Nationally

Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest that…more

Discrimination, First Amendment, Grants, Hedge Funds, Race Discrimination

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Maryann Clemente

Your Estate Plan and the Corporate Transparency Act

You may already be aware of a new federal law called the Corporate Transparency Act (the CTA), which became effective on January 1, 2024. The CTA was enacted as part of the National Defense Authorization Act and mandates that…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Limited Liability Company (LLC)

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Andrew Cohen Ph.D.

Federal Circuit Axes Amgen Antibody Patents, Finding Lack of Enablement

The Federal Circuit considered its 35 U.S.C. § 112 enablement case law and found that “the enablement inquiry for claims that include functional requirements”—in this case, claims to antibodies defined by their function—“can be…more

Amgen, Biotechnology, Patent Litigation, Patents, Pharmaceutical Industry

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Michelle Cohen

A Question of Privilege: Court Wrestles With Attorney-Client and Work Product Issues in Data Breach Case

In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a Federal judge in Oregon ordered Premera Blue Cross, the Washington-based healthcare services…more

Attorney-Client Privilege, Corporate Counsel, Cyber Attacks, Data Breach, Discovery

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Alejandro Cruz

SEC Settlement: Cybersecurity Internal Controls

On June 18, 2024, the Securities and Exchange Commission (“SEC”) announced a $2.1 million civil penalty settlement of charges against R.R. Donnelley & Sons (“RRD”), a global provider of business communications services and…more

Compliance, Cyber Attacks, Cybersecurity, Data Breach, Data Protection

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Elianni De La Cruz

Seeking to Avoid Circuit Split, Circuit Affirms FECA Conviction

In United States v. Kukushkin, the Second Circuit (Pooler, Lohier, and Nathan) affirmed the conviction of Andrey Kukushkin for conspiring to illegally donate monies to a political campaign in violation of 52 U.S.C. §§ 30121,…more

Due Process, Political Campaigns, Statutory Interpretation, White Collar Crimes

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Craig Dent

CARES Act: Paycheck Protection Program (PPP) FAQs

On April 6, 2020, the Small Business Administration (the “SBA”) in consultation with the Department of the Treasury released additional guidance reflecting the implementation of the Paycheck Protection Program (“PPP”) of the…more

CARES Act, Paycheck Protection Program (PPP), Relief Measures, SBA, SBA Lending Programs

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Gerald DeSantis Jr.

2024: A New Year; A New Reporting Regime

As discussed in our February 4, 2022 client alert and our December 15, 2022 client alert, certain legal entities are now subject to new reporting requirements in the United States about their beneficial ownership pursuant to the…more

Beneficial Owner, Business Entities, Corporate Transparency Act, FinCEN, Regulatory Requirements

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Cassandra Deskus

Securities Class Action Filings – Cornerstone Research 2022 Year in Review

Earlier this month, Cornerstone Research and the Stanford Law School Securities Class Action Clearinghouse released a report analyzing 2022 securities class action filings. The report indicates that overall securities class…more

Class Action, Corporate Counsel, Cryptocurrency, Securities and Exchange Commission (SEC), Securities Litigation

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Josie Dikkers

SEC Settlement: Cybersecurity Internal Controls

On June 18, 2024, the Securities and Exchange Commission (“SEC”) announced a $2.1 million civil penalty settlement of charges against R.R. Donnelley & Sons (“RRD”), a global provider of business communications services and…more

Compliance, Cyber Attacks, Cybersecurity, Data Breach, Data Protection

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Catherine Djang

Court Blocks FTC Rule Banning Almost All Worker Non-Compete Deals

A federal court has issued a nationwide injunction blocking enforcement of the Federal Trade Commission’s (“FTC”) new rule that would ban nearly all non-competition (“non-compete”) deals. The rule, issued on April 23, 2024 (the…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), FTC Act, Injunctions

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Dahlia Doumar

Key Employment Issues for Founders

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are…more

At-Will Employment, Contract Negotiations, Employees, Employment Contract, Entrepreneurs

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David Dykhouse

Foreign Trusts Present Tricky Eligibility Issues

In bankruptcy as in federal jurisprudence generally, to characterize something with the near-epithet of “federal common law” virtually dooms it to rejection. But, since “common law” is “[t]he body of law derived from judicial…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors, Eligibility

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Emma Ellman-Golan

Not So Strange: Circuit Affirms Sentencing Enhancement Where Defendant Fabricated Letters Submitted to Sentencing Court

In a recent opinion, the Second Circuit upheld a 57-month sentence that applied a two-level sentencing enhancement for obstruction of justice and rejected a request for a sentencing reduction for acceptance of responsibility…more

Criminal Convictions, Obstruction of Justice, Sentencing

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Jordan Engelhardt

Federal Circuit Upholds Jury Award, Weighs in on Willfulness Standard, in Adynovate® Dispute

According to the Federal Circuit, $173 million was the right damages award for almost three years of patent infringement resulting from Baxalta’s sale of its biologic product Adynovate® (Antihemophilic Factor (Recombinant),…more

Damages, Jury Awards, Patent Infringement, Patent Litigation, Patents

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Ian Eppler

In False Ad Dispute Between Inhaler Companies, Court Grants PI Enjoining Unsupportable Clinical Superiority Claims

In its recent decision granting a preliminary injunction in GlaxoSmithKline v. Boehringer Ingelheim Pharmaceuticals, No. 19-5321, the United States District Court for the Eastern District of Pennsylvania enjoined a…more

False Advertising, Injunctions, Manufacturers, Marketing, Medical Devices

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David Erroll

UPDATE: Shadow Trading Court to Weigh Competing Post-Trial Motions

On May 29, 2024, the Securities and Exchange Commission filed a motion for final judgment, seeking to impose civil penalties in its first enforcement action brought on the theory of “shadow trading.”…more

Civil Monetary Penalty, Enforcement Actions, Insider Trading, Jury Trial, Jury Verdicts

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Muhammad Faridi

Commercial Division Court Issues a Decision Extending Time for Service and Permitting Alternative Service Methods to Foreign Defendants

On July 17, 2023, Justice Reed of the New York County Commercial Division issued a decision extending the time for service and permitting the Plaintiff in Zantaz Enter. Archive Solution, LLC v. Adecco IT Servs., Inc., Index No…more

Foreign Corporations, Foreign Defendants, Jurisdiction, Service of Process, Time Extensions

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Michael Farinacci

Commercial Division Dismisses Duplicative Claims under the Doctrines of Res Judicata and Collateral Estoppel

In Haart v. Scaglia, Justice Borrok of the New York County Commercial Division partially granted the defendant’s motion to dismiss based on the doctrines of res judicata and collateral estoppel. The Court found that the…more

Business Divorce, Business Litigation, Collateral Estoppel, Res Judicata

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Amanda First

Third Time’s the Charm: Judge Hellerstein Denies Summary Judgment on Previously Dismissed Patent Claims Against Google

On August 22, 2024, Judge Alvin K. Hellerstein (S.D.N.Y.) denied Google LLC’s motion for summary judgment that (1) it has not infringed two asserted patents; and (2) the two patents are invalid for lack of written description…more

Google, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Aron Fischer

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

Under Section 262(l)(8)(A) of the BPCIA, a biosimilar maker must provide notice to the reference product sponsor 180 days before the date of first commercial marketing of the biosimilar. …more

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Peter Franklin

New York State Education Department Proposes Rules Relating to Affiliations Between New York and Out-of-State Institutions of Higher Education

The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might…more

Educational Institutions, New York, NPRM, Out-of-State Companies

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Hugh Freund

Looking Ahead to 2021 with a Focus on Your Estate Plan

We are just past the midpoint of a year like no other. Many aspects of our lives have been challenged and reconfigured, with even more changes a certainty. Depending upon the outcome of the election in November, significant…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, GST, Tax Exemptions

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Dana Fritz

NYSE Proposes Rule Changes Requiring Foreign Private Issuers to Submit Semi-Annual Financial Information to SEC

The New York Stock Exchange (NYSE) recently proposed amendments to the NYSE Listed Company Manual (Manual) to adopt a requirement that NYSE-listed foreign private issuers (FPIs) submit semi-annual unaudited financial information…more

Financial Statements, Foreign Private Issuers, NYSE, Proposed Amendments, Publicly-Traded Companies

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Nicolás Galván

Update: FTC Reopens its In-House Challenge of Microsoft's Acquisition of Activision

Last month, we discussed where things stand regarding Microsoft’s proposed $69 billion acquisition of Blizzard, Inc. (“Activision”) in light of domestic and international challenges to the proposed deal. This week, the…more

Acquisitions, Activision, Competition, Federal Trade Commission (FTC), Microsoft

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Eugene Gelernter

All-or-Nothing Damages Strategy Leaves Promega with Nothing

The Federal Circuit’s recent decision in Promega Corp. v. Life Technologies Corp. is a cautionary tale that failure to present evidence of damages closely tied to each alternative basis of liability may result in a hollow…more

35 U.S.C. § 271(e)(1), Biologics, Calculation of Damages, Intellectual Property Protection, Life Technologies Corp v Promega Corp

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Shelli Gimelstein

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”? And who gets to decide? A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t…more

Beverage Manufacturers, Class Action, Food and Drug Administration (FDA), Food Manufacturers, Misbranding

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David Glaser

IRS Extends Deadline for Plan Amendments Under Certain Provisions of the CARES Act and the Relief Act

On September 26, 2022, the Internal Revenue Service issued Notice 2022-45, extending the deadline to amend eligible retirement plans (including nongovernmental qualified plans and 403(b) plans and individual retirement…more

CARES Act, Employee Benefits, Employee Retirement Income Security Act (ERISA), IRS, Retirement Plan

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Joshua Goldberg

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

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Antonia Grumbach

Sweeping Tax Reform Impacts Tax-Exempt Organizations

After a short period of deliberations by the House of Representatives (the “House”) and the Senate, President Trump signed the final version of H.R. 1 into Public Law No. 115-97 on December 22, 2017 (the “New Law”). The New Law…more

Charitable Donations, Charitable Organizations, Compensation & Benefits, Corporate Taxes, Excise Tax

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Andrew Haddad

Seventh Circuit Rescues McDonald’s Workers’ Challenge to No-Poach Clause

The Seventh Circuit recently revived an antitrust challenge to a clause in McDonald’s franchise agreements barring franchises from poaching other franchises’ employees. (See our previous coverage of antitrust challenges to…more

Antitrust Provisions, Franchise Agreements, Franchises, Hiring & Firing, No-Poaching

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Michael Halper

The Right to be Heard: Second Circuit Vacates Sentence of Criminal Defendant Denied Allocution

In United States v. Lajeunesse, the Second Circuit (Leval, Chin, Lee) vacated the conviction of a criminal defendant denied an opportunity to personally address the court during his sentencing hearing…more

Appeals, Child Pornography, Criminal Convictions, Criminal Prosecution, Resentencing

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Carolyn Handler

Looking Ahead to 2021 with a Focus on Your Estate Plan

We are just past the midpoint of a year like no other. Many aspects of our lives have been challenged and reconfigured, with even more changes a certainty. Depending upon the outcome of the election in November, significant…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, GST, Tax Exemptions

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George Harris

DOJ and FTC File Statement of Interest in Hotel Room Algorithmic Pricing Case

On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars…more

Algorithms, Anti-Competitive, Antitrust Division, Antitrust Violations, Compliance

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Peter Harvey

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

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Kabir Hashmi

Commercial Division Reaffirms that a Party May Waive Right to Arbitration Through Conduct

How long and to what extent can a party litigate in court before claiming that the dispute needs to be arbitrated? That issue has come up with some frequency in state and federal courts throughout the country…more

Arbitration, Arbitration Agreements, Business Disputes, Business Litigation

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Rhoda Hassan

New SEC Rules Required Public Companies to Promptly Disclose Cyberattacks

On July 26, 2023, the Securities and Exchange Commission (the “SEC”) adopted rules requiring public companies to promptly disclose material cybersecurity breaches on Form 8-K and detailed information regarding their…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 10-K, Form 8-K

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William Hayes

Two (Out of Three) Thumbs Down: Divided Ninth Circuit Panel Rules Rigged Product Reviews Can Be Actionable False Advertising

When you’re in the market for a fresh haircut or a new restaurant, innumerable business and product reviews are available to guide you towards a cleaner trim or tastier takeout. But what happens when the reviewer is not an…more

Advertising, Appeals, False Advertising, First Amendment, Lanham Act

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Dana Hiscock

Implications of the Supreme Court’s Windsor Decision on Estate Planning for Same-sex Couples

On June 26, 2013, the Supreme Court, in its decision in United States v. Windsor, overturned Section 3 of the Federal Defense of Marriage Act (“DOMA”). The Court ruled that the Federal government could not deny tax and other…more

DOMA, Estate Planning, Gift-Tax Exemption, Income Taxes, Lifetime Limits

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Megha Hoon

The Importance of Following Proper Procedure (and the Court’s Instructions)

In Pioneer Bank v. Teal, Becker & Chiaramonte, CPAs, P.C., Justice Platkin of the Albany County Commercial Division denied defendants’ fact-based motion to dismiss brought under CPLR 3211(a)(7) (failure to state a claim) and…more

Motion to Dismiss, Summary Judgment

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Jolie Huang

The Supreme Court Confirms The Government’s Significant Discretion To Dismiss False Claims Act Cases

On June 16, 2023, the Supreme Court ruled in United States ex rel. Polansky v. Executive Health Resources, Inc., that (i) under the False Claims Act, the government may move to dismiss a False Claims Act (“FCA”) action pursuant…more

Article II, Dismissals, False Claims Act (FCA), Federal Rules of Civil Procedure, Qui Tam

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Ian Kerr

Commercial Division Permits COVID-Related Contract Termination Pursuant to “Market Disruption” Clause

The onset of the COVID-19 pandemic in the Spring 2020 brought immense market uncertainty, which in turn placed serious strain on contractual relationships. Amid that strain, a question on the minds of many commercial parties…more

Business Interruption, Commercial Contracts, Contract Termination, Contract Terms, Coronavirus/COVID-19

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Irene Kim

Key Employment Issues for Founders

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are…more

At-Will Employment, Contract Negotiations, Employees, Employment Contract, Entrepreneurs

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JoAnn Kim

Interim Guidance on Matching Qualified Student Loan Payments

Until recently, employer matching contributions under qualified plans were required to be conditioned solely upon employee contributions made to the plan. However, one of the many changes enacted by the Consolidated…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Contributions, Employees

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W. Scott Kim

New York’s Department of Financial Services Amplifies its Cybersecurity Regulations

On November 1, 2023, the New York State Department of Financial Services (“DFS”) amended its cybersecurity regulations to institute additional standards and controls aimed at securing sensitive data among the financial services…more

Chief Information Security Officer (CISO), Compliance, Corporate Governance, Cybersecurity, Data Security

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Joshua Kipnees

Supply Demanded: Ninth Circuit Confirms Classwide Damages Models Must Account for Supply-Side Factors

In a decision issued earlier this year, Mier v. CVS Health, 2023 U.S. App. LEXIS 19472 (9th Cir. 2023), the Ninth Circuit held (per our research, for the first time) that class-wide damages models must be based on conjoint…more

Advertising, Class Action, Class Certification, Damages, False Advertising

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David Kleban

D.C. Circuit Rules that Justice Department Can Reopen Investigation of Realtors Group

On April 5, 2024, the D.C. Circuit ruled that the Justice Department’s Antitrust Division could reopen an investigation of allegedly anticompetitive practices of the National Association of Realtors (“NAR”). See Nat’l Ass’n of…more

Anti-Competitive, Competition, Department of Justice (DOJ), Fees, Investigations

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Jonah Knobler

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”? And who gets to decide? A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t…more

Beverage Manufacturers, Class Action, Food and Drug Administration (FDA), Food Manufacturers, Misbranding

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Rochelle Korman

Sweeping Tax Reform Impacts Tax-Exempt Organizations

After a short period of deliberations by the House of Representatives (the “House”) and the Senate, President Trump signed the final version of H.R. 1 into Public Law No. 115-97 on December 22, 2017 (the “New Law”). The New Law…more

Charitable Donations, Charitable Organizations, Compensation & Benefits, Corporate Taxes, Excise Tax

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Robin Krause

Key Employment Issues for Founders

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are…more

At-Will Employment, Contract Negotiations, Employees, Employment Contract, Entrepreneurs

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Thomas Kurland

Commercial Division Finds Movie Theater Not Entitled to Business Interruption Coverage for COVID-19 Closures

Last summer, we wrote about two principles of New York law that could provide a path to insurance coverage for businesses hit hard by the economic losses resulting from Governor Cuomo’s COVID-19-related shutdown orders…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Denial of Insurance Coverage, Governor Cuomo

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Ryan Kurtz

2023 Amendments to General Obligations Law 5-336

On November 17, 2023, New York State Governor Kathy Hochul signed into law Senate Bill 4516, amending General Obligation Law Section 5-336 (GOL 5-336). As set forth in our earlier alert from when the law was first enacted,…more

Employment Discrimination, Independent Contractors, New York, Non-Disclosure Agreement, Retaliation

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Jeffrey LaGueux

CARES Act: Paycheck Protection Program (PPP) FAQs

On April 6, 2020, the Small Business Administration (the “SBA”) in consultation with the Department of the Treasury released additional guidance reflecting the implementation of the Paycheck Protection Program (“PPP”) of the…more

CARES Act, Paycheck Protection Program (PPP), Relief Measures, SBA, SBA Lending Programs

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Jo Backer Laird

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

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Jean-Claude Lanza

The Holding Foreign Companies Accountable Act and its Potential Repercussions

U.S. capital markets are beginning to experience the effects of the passage of the Holding Foreign Companies Accountable Act (HFCAA). Amid continuing tensions between the United States and China, then-President Trump signed the…more

Audits, Capital Markets, Corporate Governance, Disclosure Requirements, Foreign Corporations

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Meghan Larywon

Second Circuit Denies En Banc Review, Entrenches Circuit Split in Liquor Law Challenge

In February 2019, the Second Circuit held that Connecticut’s “post-and-hold” alcohol pricing statute is not preempted by Section 1 of the Sherman Act. In September 2019, following a petition for en banc review, the Second…more

Antitrust Litigation, Antitrust Provisions, Competition, Sherman Act

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Sean Lau

Recent Ransomware Attacks Highlight the Evolving Challenges in Responding to Cyber Extortion

A spate of recent ransomware attacks illustrates the increasingly difficult calculations that businesses face following the theft or encryption of their data…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Extortion

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Alvin Li

Supreme Court Decision in SEC v. Jarkesy Limits the SEC’s Ability to Seek Civil Penalties

On June 26, 2024, the Supreme Court issued a decision in SEC v. Jarkesy, holding that “[w]hen the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.”…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Enforcement Actions, Enforcement Authority

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Zhiqiang Liu Ph.D.

Q2 2019 Review: Biosimilar IPRs See a Drop in New Filings and Mixed Results

At the end of 2017, inter partes review (IPR) proceedings for biosimilar products were on the rise. 2018 and the first half of 2019, however, have seen a dip in the number of new filings. And looking back at biosimilar IPRs…more

Biologics, Biosimilars, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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George LoBiondo

GAO Backs “Comprehensive” Privacy Legislation

A recent report by the Government Accountability Office (GAO) is recommending that Congress adopt comprehensive federal data privacy legislation…more

Cybersecurity, Data Privacy, Data Protection, Federal Trade Commission (FTC), FTC Act

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Robert LoBue

New York Passes Postmortem Right of Publicity Statute

On November 30, 2020, New York Governor Andrew Cuomo signed a new right of publicity statute into law, which will take effect 180 days after enactment. The law allows successors in interest of deceased “performers” and…more

Advertising, Celebrities, Commercial Use, Deceased, Governor Cuomo

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Jenny Longman

Protective Refund Claims in Light of Pending Moore v. United States Decision

Taxpayers, including some of the firm’s current and former clients, may be affected by the outcome of the Supreme Court case Moore v. United States, which will address the constitutionality of the Section 965 “Transition Tax,”…more

Investment, IRS, Tax Cuts and Jobs Act, Tax Returns, Transition Tax

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Daniel Lowenthal

Eighth Circuit Issues Decision on Involuntary Bankruptcy Case and Damages Arising from a Bad Faith Filing

An appeals court has issued an insightful decision on the availability of damages when an involuntary bankruptcy petition is filed in bad faith. See Stursberg v. Morrison Sund PLLC, No. 23-1186, 2024 U.S. App. LEXIS 20286 (8th…more

Appeals, Appellate Courts, Bad Faith, Bankruptcy Code, Bankruptcy Court

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Julia MacAllister

Commercial Division Decision Suggests Insurers May Struggle to Enforce Anti-Assignment Clauses in Prior-Incurred Loss Cases

In Certain Underwriters at Lloyd’s v. AT&T Corp.,[1] Justice Cohen of the New York County Commercial Division Court granted a motion for partial summary judgment and determined that Nokia, through its predecessor Lucent, had the…more

Anti-Assignment Clauses, Commercial Court, Insurance Industry, Partial Summary Judgments

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Adeel Mangi

Supreme Court Clarifies Standing For False Advertising Cases

On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In Lexmark International,…more

Copyright Infringement, False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components

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Greg Margolis

Nothing Brewing: Second Circuit Affirms Dismissal of False Ad Claims Against Starbucks

The Second Circuit recently decided an appeal of a putative consumer class action, in which New York Starbucks patrons alleged that the smell of freshly brewed coffee wasn’t the only thing wafting in the air at the famous coffee…more

Dismissals, False Advertising, Putative Class Actions, Starbucks

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Jabari Matthew

New York City's Notice and Distribution Requirement of "Workers' Bill of Rights"

On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to…more

Compliance, Employee Rights, Employees, Employer Responsibilities, Independent Contractors

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James Mayer

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office…more

Art, Artists, Authorship, Copyright Applications, Copyright Office

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Jane Metcalf

Consumer Claims Melt Away Under District Court’s Scrutiny

In a recent decision, Beers v. Mars Wrigley Confectionery US, LLC, Judge Seibel of the District Court for the Southern District of New York dismissed all of Plaintiff Steven Beers’s claims under Sections 349 and 350 of the New…more

False Advertising, Food Labeling, Food Manufacturers, Misrepresentation, Nutrition Facts Labels

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Hilarie Meyers

Court Blocks Enforcement of California’s New Data Privacy Regulations—For Now

On June 30, 2023, the California Superior Court issued a decision blocking the California Privacy Protection Agency (“CPPA” or the “Agency”) from enforcing new regulations governing the collection and use of consumer data until…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy, Data Protection

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Christine Miller

Supreme Court Clarifies Standing For False Advertising Cases

On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In Lexmark International,…more

Copyright Infringement, False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components

See all updates »

Madeline More

Second Circuit Affirms Conviction and Sentence of Defendant Who Posted Video Urging "Slaughter" of Members of United States Congress

In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on various…more

Criminal Convictions, Criminal Prosecution, Evidence, First Amendment, Sentencing

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Clinton Morrison

Second Circuit Affirms Sentencing Court’s Delegation of Verification Testing Decision to Probation

In United States v. Villafane-Lozada, No. 19-2098 (2d Cir. Sept. 3, 2020) (Livingston, Sullivan, Park), the Second Circuit rejected a defendant’s challenge to the district court’s delegation to probation the decision of which…more

Probation, Ripeness, Sex Offenders, Supervised Release

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Mariana Múnera-Keating

Justice Breyer’s Antitrust Legacy

Under the Biden Administration, the FTC and DOJ have voiced a commitment to an expansive enforcement of antitrust law. The recent confirmation of Judge Ketanji Brown Jackson to assume Justice Breyer’s position on the Supreme…more

Antitrust Litigation, Antitrust Provisions, Justice Breyer, Legal Opinion

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Jessica Nachman

Looking Ahead to 2021 with a Focus on Your Estate Plan

We are just past the midpoint of a year like no other. Many aspects of our lives have been challenged and reconfigured, with even more changes a certainty. Depending upon the outcome of the election in November, significant…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, GST, Tax Exemptions

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Joyce Nadipuram Pharm.D.

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

On October 2, 2020, India and South Africa urged the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council to temporarily waive the obligation of member states under the TRIPS…more

Copyright, Coronavirus/COVID-19, Patents, Trade Secrets, TRIPS Agreement

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Natalie Noble

D.C. Circuit Rules that Justice Department Can Reopen Investigation of Realtors Group

On April 5, 2024, the D.C. Circuit ruled that the Justice Department’s Antitrust Division could reopen an investigation of allegedly anticompetitive practices of the National Association of Realtors (“NAR”). See Nat’l Ass’n of…more

Anti-Competitive, Competition, Department of Justice (DOJ), Fees, Investigations

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Colleen O'Leary

Fearless Fund Decision May Impact Race-Based Grantmaking

On June 3, 2024, a divided three-judge panel of the United States Court of Appeals for the Eleventh Circuit ruled that an Atlanta hedge fund likely violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in…more

Affirmative Action, Civil Rights Act, First Amendment, Grants, Preliminary Injunctions

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Bharath Palle S.J.D.

NYC Department of Consumer and Worker Protection Issues Final Rules Under NYC's Earned Safe and Sick Time Act

In September 2023, the New York City Department of Consumer and Worker Protection (“the Department”) finalized amendments to rules (“final rules”) under the New York City Earned Safe and Sick Time Act (“ESSTA”). These rules…more

Employee Benefits, New York, Paid Leave, Paid Sick Leave, Sick Leave

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Alexandria Piacenti

FTC Approves Final Rule Banning Non-Compete Clauses

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers from…more

Competition, Employer Responsibilities, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Lewis Popovski

Show Me the Papers!: Judge Aaron Grants Motion to Compel Document Discovery from Third-Party

United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc. (collectively “Samsung”) to compel non-party Microchip Technology…more

Discovery, Document Productions, Federal Rules of Civil Procedure, Intellectual Property Protection, Patent Infringement

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Newton Portorreal Jr.

New York’s Department of Financial Services Seeks Comment on the Use of Artificial Intelligence in Insurance Underwriting and Pricing

The New York State Department of Financial Services (“DFS”) has entered its voice regarding the use of artificial intelligence (“AI”) by insurers by issuing for public comment a proposed circular letter addressing the use of…more

Artificial Intelligence, Discrimination, Financial Services Industry, Insurance Regulations, NYDFS

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Lauren Schorr Potter

The Supreme Court Confirms The Government’s Significant Discretion To Dismiss False Claims Act Cases

On June 16, 2023, the Supreme Court ruled in United States ex rel. Polansky v. Executive Health Resources, Inc., that (i) under the False Claims Act, the government may move to dismiss a False Claims Act (“FCA”) action pursuant…more

Article II, Dismissals, False Claims Act (FCA), Federal Rules of Civil Procedure, Qui Tam

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Gautam Rao

DFS Announces Consent Decree with OneMain Financial Group, LLC

By press release on May 25, 2023, The New York Department of Financial Services (“DFS”) announced a Consent Order with OneMain Financial Group LLC (“OneMain”) for failing to comply with the DFS’s Cybersecurity Regulation (23…more

Consent Order, Cybersecurity, Data Security, Financial Services Industry, NYDFS

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Herman Raspé

The Holding Foreign Companies Accountable Act and its Potential Repercussions

U.S. capital markets are beginning to experience the effects of the passage of the Holding Foreign Companies Accountable Act (HFCAA). Amid continuing tensions between the United States and China, then-President Trump signed the…more

Audits, Capital Markets, Corporate Governance, Disclosure Requirements, Foreign Corporations

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Jonah Rizzo-Bleichman

Paycheck Protection Program Act Update: Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”), which was signed into law on December 27, 2020, includes several updates to the Paycheck Protection Program (the “PPP”) originally established by the Coronavirus Aid,…more

Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Loan Forgiveness, Loans

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Bonita Robinson

Over Dissent, Circuit Embraces Strict “Collateral/Direct” Distinction for Ineffective Assistance of Counsel Claims

In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that attorneys must advise their noncitizen clients of the risk of deportation arising from criminal conviction, and that the failure to do so violates the…more

Criminal Prosecution, Deportation, Immigrants, Ineffective Assistance of Counsel, Padilla v. Kentucky

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Kate Ross

DOJ Loses Again on Challenge to U.S. Sugar-Imperial Sugar Deal

On July 13, 2023, the U.S. Court of Appeals for the Third Circuit declined to block the $315 million purchase of Imperial Sugar Company (“Imperial”) by United States Sugar Corporation (“U.S. Sugar”), rejecting the Department of…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Mergers, Popular

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Gizele Rubeiz

Biden Administration Issues Executive Order Regarding Safety, Security, and Trustworthiness of AI

On October 30, 2023, the White House issued an Executive Order to address the growing innovations—and attendant concerns—regarding artificial intelligence (“AI”). The Executive Order is the first federal attempt to broadly…more

Artificial Intelligence, Biden Administration, Competition, Cybersecurity, Data Privacy

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Daniel Ruzumna

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

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Harry Sandick

The Right to be Heard: Second Circuit Vacates Sentence of Criminal Defendant Denied Allocution

In United States v. Lajeunesse, the Second Circuit (Leval, Chin, Lee) vacated the conviction of a criminal defendant denied an opportunity to personally address the court during his sentencing hearing…more

Appeals, Child Pornography, Criminal Convictions, Criminal Prosecution, Resentencing

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Voratida Sangchant

EEOC Issues Final Rule and Interpretive Guidance on Pregnant Workers Fairness Act

As noted in our May 3, 2023 and August 14, 2023 client alerts, Congress enacted the Pregnant Workers Fairness Act (PWFA) in late 2022, expanding protections for pregnant workers. Pursuant to the Act, the Equal Employment…more

Americans with Disabilities Act (ADA), Employee Rights, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Final Rules

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John Sare

New York State Education Department Proposes Rules Relating to Affiliations Between New York and Out-of-State Institutions of Higher Education

The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might…more

Educational Institutions, New York, NPRM, Out-of-State Companies

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Peter Schaeffer

FinCEN Issues Notice of Proposed New Beneficial Ownership Information Reporting Requirements Under the Corporate Transparency Act

The Financial Crimes Enforcement Network (“FinCEN”), a bureau of the United States Department of the Treasury, published a Notice of Proposed Rulemaking (the “Proposed Rules”) on December 8, 2021 in the Federal Register. The…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Nicole Scully

OFAC Advises Companies To Institute Rigorous Compliance Controls In Light Of Russia-Related Sanctions

On March 2, 2023, the United States Department of Commerce’s Bureau of Industry and Security (BIS), the United States Department of Justice (DOJ), and the United States Department of the Treasury’s Office of Foreign Assets…more

Biden Administration, Economic Sanctions, Export Controls, Office of Foreign Assets Control (OFAC), Russia

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Christina Seda-Acosta

Zoom Reverses Course on Contemplated Use of Customer Content to Train Artificial Intelligence

Zoom’s recent reversal on changes to its terms of service illustrates both data security and privacy minefields particular to the growth of generative AI. Previously, the terms of service of the popular videoconferencing…more

Artificial Intelligence, Confidential Information, Data Security, Machine Learning, Personal Information

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Saul Shapiro

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

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Ryan Sheehan

Judge Garnett “Rolls” Through and Grants Preliminary Injunction Against Sales of Accused Foam Roller Products

On June 14, 2024, Judge Margaret M. Garnett of the Southern District of New York granted a motion for a preliminary injunction in a declaratory judgment action filed by accused infringer PowX Inc., which barred the sales of…more

Patent Infringement, Patent Litigation, Patent Ownership, Patents, Preliminary Injunctions

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Rachel Sherman

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

On December 3, 2020, the Secretary of the Department of Health and Human Services issued a fourth amended PREP Act declaration expanding the scope of immunity for covered entities engaged in the provision of goods and services…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Distributors, Healthcare Workers, Immunity

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Julie Simeone

Knitting Together Rulings for Both Parties: Judge Subramanian Issues Claim Construction Order in Nike v. Lululemon Flyknit

On December 28, 2023, District Judge Subramanian (S.D.N.Y.) issued claim construction rulings in Nike, Inc. v. Lululemon USA Inc. on four disputed terms. The Court resolved two of the disputed terms in favor of Nike, Inc…more

Claim Construction, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Jenna Smith

Supreme Court Resolves Issues Under False Claims Act and Flags Others

As we previously wrote on the blog, the Department of Justice has recently expanded its enforcement of the False Claims Act, 31 U.S.C. § 3730, into the arena of data security requirements in contracts with the federal…more

Data Security, False Claims Act (FCA), SCOTUS, US ex rel Tracy Schutte et al v SuperValu Inc et al

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Edward Smoot

Key Employment Issues for Founders

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are…more

At-Will Employment, Contract Negotiations, Employees, Employment Contract, Entrepreneurs

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George Soussou

Look Before You Jump: Judge Ho Rules Hague Convention Applies Where Plaintiff Was Not "Reasonably Diligent" in Finding Defendants' Addresses

On June 17, 2024, United States District Court Judge Dale E. Ho ruled on several motions related to Plaintiff Spin Master, Ltd.’s service of process on Defendants Leqiong, Monkki, Onecemore, Chenghai Lucky Boy Toys Co., Ltd…more

Hague Convention, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Elana Stern

Wegmans, New York Attorney General Enter Settlement to Resolve Data Security Investigation

In a sign that it may be stepping up enforcement of New York’s Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”), the New York Attorney General’s Office (“NYAG”) announced on June 30, 2022 that it had reached a…more

Cloud Storage, Data Breach, Data Security, Electronically Stored Information, Personal Information

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Brian Sweet

Key Employment Issues for Founders

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are…more

At-Will Employment, Contract Negotiations, Employees, Employment Contract, Entrepreneurs

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Tiffany Tam

New York State Education Department Proposes Rules Relating to Affiliations Between New York and Out-of-State Institutions of Higher Education

The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might…more

Educational Institutions, New York, NPRM, Out-of-State Companies

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Douglas Tang

Interim Guidance on Matching Qualified Student Loan Payments

Until recently, employer matching contributions under qualified plans were required to be conditioned solely upon employee contributions made to the plan. However, one of the many changes enacted by the Consolidated…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Contributions, Employees

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Stephanie Teplin

Executive Order: Cybersecurity Skill Gap in Federal Government

Last week President Trump issued an executive order targeted at improving the quality of the federal government’s cybersecurity workforce. The executive order—which acknowledges the shortage of qualified employees for…more

Cybersecurity, Department of Homeland Security (DHS), Executive Orders, Trump Administration

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Peter Tomlinson

The Impact of the Supreme Court’s Recent Halliburton Decision on Securities Litigation

On June 23, 2014, the Supreme Court issued its long-awaited decision in Halliburton Co. v. Erica P. John Fund, Inc. In Halliburton, the Court declined to overrule Basic v. Levinson, but rather imposed limitations on the…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

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Richard Upton

New Rules on Section 83(b) Elections

Prior to a recent change, in order for a Section 83(b) election to be effective, the taxpayer had to: - File the Section 83(b) election within 30 days of the receipt of restricted property (typically, restricted stock) with…more

Equity Compensation, Filing Requirements, IRC Section 83(b), IRS, Restricted Stocks

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Amy Vegari

Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged in…more

Animal Health, Anticompetitive Behavior, Antitrust Litigation, Competition, Generic Drugs

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Susan Vignola

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved Nationally

Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest that…more

Discrimination, First Amendment, Grants, Hedge Funds, Race Discrimination

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Jason Vitullo

Courts Reinstates Embezzlement Charges Dismissed as Untimely, Holding that Dismissal was Based on a Premature Assessment of the Government’s Evidence

In United States v. Sampson, decided August 6, 2018, the Court (Cabranes, Livingston, Carney, C.J.J.) reversed the district court’s dismissal of embezzlement charges levied against former New York State Senator John Sampson…more

Criminal Convictions, Criminal Prosecution, Embezzlement, False Statements, Federal Rules of Criminal Procedure

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Peter Vogel

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved Nationally

Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest that…more

Discrimination, First Amendment, Grants, Hedge Funds, Race Discrimination

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Jonah Wacholder

Staying Litigation Against Insiders After Harrington v. Purdue Pharma L.P.

In Harrington v. Purdue Pharma L.P., 144 S. Ct. 2071 (2024) (“Purdue”), the Supreme Court held that the Bankruptcy Code does not authorize nonconsensual releases of nondebtors as part of a chapter 11 plan. The Court narrowly…more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Henry Wainhouse

Joint Juice Ruling Fails to Quench Thirst for Guidance on Class-Wide Statutory Damages Awards

A few months ago, we previewed an imminent decision that would address, for the first time, a long-unsettled question for class actions brought under New York’s General Business Law (“GBL”): can a class of consumers obtain…more

Beverage Manufacturers, Class Action, Statutory Damages

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Kaiying Wang

Takeaways from the SEC Division of Enforcement’s FY 2023 Report

On November 14, 2023, the Securities and Exchange Commission (the “SEC”) published its enforcement results for fiscal year 2023. FY23 was another active year in terms of SEC enforcement, with a 3 percent increase in total…more

Cryptoassets, Cryptocurrency, Cybersecurity, Enforcement Actions, Environmental Social & Governance (ESG)

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Frederick Warder III

FDA Promises Guidance on Lawful Off-Label Promotion

In June, the U.S. Food and Drug Administration (the "FDA") announced that by the end of the year, the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion. The…more

Draft Guidance, Enforcement, Federal Trade Commission (FTC), Financial Conduct Authority (FCA), Food and Drug Administration (FDA)

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Isaac Weingram

FDA Authorizes First Direct-to-Consumer Test for BRCA Gene Mutations

On March 6, 2018, the U.S. Food and Drug Administration (“FDA”) authorized, with special controls, the first direct-to-consumer test to detect the presence of genetic mutations in the BRCA1 and BRCA2 genes (“BRCA genes”)…more

23andMe, Biotechnology, BRCA, Cancer, Direct to Consumer Sales

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Matthew Weiss

Show Me the Papers!: Judge Aaron Grants Motion to Compel Document Discovery from Third-Party

United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc. (collectively “Samsung”) to compel non-party Microchip Technology…more

Discovery, Document Productions, Federal Rules of Civil Procedure, Intellectual Property Protection, Patent Infringement

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Maxwell Weiss

Posts Resource Library Subscribe Prosecutors May Use Evidence Obtained from Trustee Without Warrant

We have blogged previously about the intersection of fraud and bankruptcy. A recent decision from the U.S. District Court for the Central District of California justifies an addition to that series of posts. Thomas Girardi…more

Bankruptcy Code, Bankruptcy Court, Books & Records, Chapter 7, Evidence

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Andrew Wells

Commercial Division Denies Car Dealership Owner’s Motion to Dismiss Suit Brought by Dealership’s Operating Companies, Puts Internal Dispute Back in Gear

Judge Richard Platkin of Albany County recently handed down a stark reminder to Defendant Walid Darwish: everyone has to follow the rules of the road, even the person who writes the rules and owns all the cars. On April 26,…more

Board of Directors, Business Litigation, Car Dealerships, Evidence, Forum Selection

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Christopher Wilds

Court Considers Emails and Letters as “Documentary Evidence” in Dismissing Legal Malpractice Complaint Pursuant to CPLR 3211(a)(1) and (a)(7)

Citing “substantial documentary evidence” consisting of emails and letters, Justice Borrok of Manhattan’s Commercial Division concluded that a legal malpractice claim brought by former president of Universal Music Group’s…more

Attorney Malpractice, Commercial Court, Discovery, Dismissals, Electronic Communications

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Basil Williams

Assigning Away Standing: Judge Choudhury Concludes that Party Lacks Standing to Correct Inventorship of Inventions Previously Assigned to Another Party

In an ongoing patent dispute between manufacturers of armored fiber optic cables, Judge Choudhury (E.D.N.Y.) recently resolved competing motions to dismiss on several grounds. In doing so, she ruled that Defendant Point 2 Point…more

Intellectual Property Protection, Inventors, Patent Infringement, Patent Litigation, Patents

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John Winter

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

On December 3, 2020, the Secretary of the Department of Health and Human Services issued a fourth amended PREP Act declaration expanding the scope of immunity for covered entities engaged in the provision of goods and services…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Distributors, Healthcare Workers, Immunity

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Danhui Xu

Justice Department Withdraws Guidance on Information-Sharing

A few weeks ago, the Justice Department’s Antitrust Division announced the withdrawal of three long-standing policy statements related to antitrust enforcement in healthcare markets — Department of Justice and FTC Antitrust…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Health Care Providers, Information Governance

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Stephen Younger

Commercial Division Dismisses Commercial Tenant’s Complaint Seeking to Rescind or Terminate Lease and Avoid Rent Obligations

Recently, in Valentino U.S.A., Inc. v. 693 Fifth Owner LLC, Justice Andrew Borrok of the New York County Commercial Division dismissed a complaint brought by Valentino U.S.A., Inc. (“Valentino” or “Tenant”), which sought to…more

Business Interruption, Commercial Leases, Commercial Tenants, Dismissals, Landlords

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Steven Zalesin

In re Asacol: First Circuit Sharply Limits Certification of Antitrust Classes Containing Uninjured Members

In a recent decision, the U.S. Court of Appeals for the First Circuit held that Rule 23’s “predominance” requirement barred certification of a class of all indirect purchasers of a prescription drug because the class included…more

Anti-Competitive, Antitrust Litigation, Class Action, Class Certification, Putative Class Actions

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Justin Zaremby

Fearless Fund Decision May Impact Race-Based Grantmaking

On June 3, 2024, a divided three-judge panel of the United States Court of Appeals for the Eleventh Circuit ruled that an Atlanta hedge fund likely violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in…more

Affirmative Action, Civil Rights Act, First Amendment, Grants, Preliminary Injunctions

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