Patterson Belknap Webb & Tyler LLP

Credit Checks on the Chopping Block: NYC Restricts Credit Inquiries During Hiring

Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request credit-related…more

Credit Checks, Credit Reporting Agencies, Employer Liability Issues, Hiring & Firing, Local Ordinance

See All Updates »

Significant Changes to New York Estate and Income Tax Enacted

We previously alerted you to proposed legislation affecting New York estate tax law, the tax treatment of gifts by New York residents, and New York income taxation of certain trusts. This month Governor Cuomo signed final…more

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

See All Updates »

Significant Changes to New York Estate and Income Tax Enacted

We previously alerted you to proposed legislation affecting New York estate tax law, the tax treatment of gifts by New York residents, and New York income taxation of certain trusts. This month Governor Cuomo signed final…more

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

See All Updates »

SEC Proposes Crowdfunding Rules Under the JOBS Act

The U.S. Securities and Exchange Commission (SEC) recently unanimously voted to issue proposed rules under Title III of the JOBS Act related to crowdfunding. Crowdfunding is a general term for internet-based fundraising…more

Crowdfunding, Indiegogo, JOBS Act, Kickstarter, SEC

See All Updates »

Delaware Chancery Court Holds that a Reverse Triangular Merger Is Not an Assignment by Operation of Law

On February 22, 2013, the Delaware Chancery Court in Meso Scale v. Roche restored a degree of certainty to M&A planning by holding that the acquisition of a company through a reverse triangular merger (RTM) did not constitute an…more

Assignments, Reverse Triangular Mergers, Terms and Conditions

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo “publicly…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

See All Updates »

Delaware Chancery Court Holds that a Reverse Triangular Merger Is Not an Assignment by Operation of Law

On February 22, 2013, the Delaware Chancery Court in Meso Scale v. Roche restored a degree of certainty to M&A planning by holding that the acquisition of a company through a reverse triangular merger (RTM) did not constitute an…more

Assignments, Reverse Triangular Mergers, Terms and Conditions

See All Updates »

Who Is a U.S. Person? Disparities Between U.S. Tax and Immigration Law

The question of who is a U.S. person has always been relevant for tax purposes because it determines who is subject to (a) U.S. income, gift and estate tax, (b) filing Foreign Bank Account Reports (FBARs), and (c) the ‘‘exit…more

Citizenship, Disparate Treatment, Estate Tax, Exit Tax, FATCA

See All Updates »

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, FCA, FDA, FTC

See All Updates »

Major Reversal of Insider Trading Convictions After Trial: Second Circuit Sets High Bar for Tippee Liability

The United States Court of Appeals today reversed the convictions for insider trading of Todd Newman and Anthony Chiasson. The Court held that the government was required to prove, but did not, that the defendants knew that the…more

Appeals, Criminal Prosecution, Dell, Dismissals, Indictments

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

FDA Approach to Labeling Treats Biosimilars Like Generics

One of the FDA’s recent biosimilar guidance documents has drawn criticism for eliminating labeling information necessary for physicians to make prescribing decisions. The guidance document, titled, “Scientific Considerations in…more

AbbVie, Biosimilars, BPCIA, FDA, Labeling

See All Updates »

Lessons in Personal Jurisdiction for BPCIA Litigants after the Supreme Court’s decision in Daimler

An emerging issue in Hatch-Waxman litigation – and potentially under the Biologics Price Competition and Innovation Act (BPCIA) – is the impact of the Supreme Court’s decision in Daimler AG v. Bauman, 134 S. Ct.746 (2014), on…more

ANDA, BPCIA, DaimlerChrysler v Bauman, Hatch-Waxman, Patent Litigation

See All Updates »

Limited Relief for Certain Employer Health Plan Premium Payments or Reimbursements

Under so-called “employer payment plans” (“EPPs”), an employer pays or reimburses an employee for substantiated premium costs under individual health plan insurance coverage (i.e., nonemployer individual health plan coverage)…more

Affordable Care Act, Employer Group Health Plans, Employer Liability Issues, Health Insurance, IRS

See All Updates »

Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams

Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust laws, the complaint is…more

Antitrust Provisions, Dismissals, Exclusive Dealing Agreements, Getty Images, NFL

See All Updates »

AlarMax’s Robinson-Patman Claims Against Honeywell Survive

AlarMax Distributors Inc. may pursue price discrimination claims under the Robinson-Patman Act (RPA) against Honeywell International Inc., a federal judge in Pennsylvania ruled last week. Fire and security product distributor…more

Antitrust Violations, Exclusive Dealing Agreements, Honeywell International, Pleadings, Price Discrimination

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

The Supreme Court Weighs in on The Pregnancy Discrimination Act – Providing Guidance to Employers and Protections for Pregnant Workers

The Supreme Court has recently issued an important opinion, Young v. United Parcel Service, Inc., clarifying the protections afforded by the Pregnancy Discrimination Act (“PDA”). The PDA mandates that employers treat…more

ADA, Disparate Treatment, PDA, Pregnancy Discrimination, Reasonable Accommodation

See All Updates »

Supreme Court’s Decision in Commil v. Cisco: Big Win for Pharmaceutical Industry

On May 26, 2015, the Supreme Court reversed the Federal Circuit’s decision in Commil USA, LLC v. Cisco Systems, Inc. and held that a defendant’s belief regarding patent validity is not a defense to an induced infringement claim…more

Affirmative Defenses, BPCIA, Burden of Proof, Cisco, Cisco v CommilUSA

See All Updates »

Significant Changes Proposed to New York Estate and Income Tax Laws

The New York State Legislature is considering some significant proposed changes to the New York estate tax law, the tax treatment of gifts by New York residents, and New York income taxation of certain trusts. Some important…more

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

See All Updates »

Credit Checks on the Chopping Block: NYC Restricts Credit Inquiries During Hiring

Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request credit-related…more

Credit Checks, Credit Reporting Agencies, Employer Liability Issues, Hiring & Firing, Local Ordinance

See All Updates »

The Soon-to-be Reality of Medicare Part B Reimbursements for Biosimilars

As the country’s largest health insurer, Medicare has immense influence on the health care market. In the wake of the recent approval of Sandoz’s Zarxio (filgrastim-sndz), the first FDA-approved biosimilar, last month the…more

Biosimilars, CMS, FDA, Healthcare, Medicare

See All Updates »

Sunbeam Products, Inc. V. Chicago American Manufacturing, LLC

The U.S. Court of Appeals for the Seventh Circuit in Chicago has issued a decision with significant implications for licensees of trademarks whose licensors become debtors in bankruptcy. In Sunbeam Products, Inc. v. Chicago…more

See All Updates »

School Bus Company Owners Indicted for Bid-Rigging and Fraud in Puerto Rico

On May 20, 2015, a federal grand jury in San Juan, Puerto Rico indicted five individuals for bid rigging and fraud conspiracies in connection with an auction for public school bus transportation contracts. The auction was based…more

Antitrust Investigations, Bid Rigging, Competitive Bidding, Fraud, Indictments

See All Updates »

Scholarships, Grants, And Foreign Students— Tax Compliance Tips For U.S. Institutions

In recent years, record numbers of foreign students have enrolled in graduate and under- graduate programs at U.S. colleges and universities. During the 2012-2013 academic year, their numbers topped 800,000—the seventh…more

See All Updates »

Sunbeam Products, Inc. V. Chicago American Manufacturing, LLC

The U.S. Court of Appeals for the Seventh Circuit in Chicago has issued a decision with significant implications for licensees of trademarks whose licensors become debtors in bankruptcy. In Sunbeam Products, Inc. v. Chicago…more

See All Updates »

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, FCA, FDA, FTC

See All Updates »

Six-Month DOJ Criminal Cartel Summary, Part I: Auto Parts

Today we bring you the first part of our second biennial update on DOJ criminal actions in the cartel area. This has been a busy six months for the Antitrust Division, so we are breaking this update up into installments. …more

Auto Parts, Automotive Industry, Cartels, Criminal Conspiracy, Criminal Prosecution

See All Updates »

Federal Circuit Oral Arguments in Amgen v. Sandoz

On June 3, the parties in Amgen v. Sandoz presented oral arguments to the Federal Circuit as part of their dispute over the Biologics Price Competition and Innovation Act (BPCIA). The appeal is focused on two questions: whether…more

Amgen, Appeals, Biosimilars, BPCIA, Commercial Marketing

See All Updates »

Significant Changes to New York Estate and Income Tax Enacted

We previously alerted you to proposed legislation affecting New York estate tax law, the tax treatment of gifts by New York residents, and New York income taxation of certain trusts. This month Governor Cuomo signed final…more

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

See All Updates »

5 Steps for Handling an Antitrust Subpoena or CID

The news is filled with stories about government investigations into possible violations of antitrust laws: alleged anticompetitive conduct by Google, price fixing by Apple and bid rigging by large financial institutions…more

Antitrust Litigation, Civil Investigation Demand, Corporate Counsel, Criminal Antitrust Litigation, FTAIA

See All Updates »

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

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

Lessons in Personal Jurisdiction for BPCIA Litigants after the Supreme Court’s decision in Daimler

An emerging issue in Hatch-Waxman litigation – and potentially under the Biologics Price Competition and Innovation Act (BPCIA) – is the impact of the Supreme Court’s decision in Daimler AG v. Bauman, 134 S. Ct.746 (2014), on…more

ANDA, BPCIA, DaimlerChrysler v Bauman, Hatch-Waxman, Patent Litigation

See All Updates »

StubHub to Ticketmaster: Don’t Block Our Sales

On March 29, 2015, StubHub, Inc. brought an antitrust action against the Golden State Warriors LLC (the “Warriors”) and Ticketmaster, L.L.C. (“Ticketmaster”), alleging that they monopolized the ticket resale market by forcing…more

Advertising, Antitrust Litigation, Event Tickets, False Advertising, Sports

See All Updates »

Limited Relief for Certain Employer Health Plan Premium Payments or Reimbursements

Under so-called “employer payment plans” (“EPPs”), an employer pays or reimburses an employee for substantiated premium costs under individual health plan insurance coverage (i.e., nonemployer individual health plan coverage)…more

Affordable Care Act, Employer Group Health Plans, Employer Liability Issues, Health Insurance, IRS

See All Updates »

FCPA Update: Eleventh Circuit Defines "Instrumentalities" of Foreign Governments

On May 16, 2014, the Eleventh Circuit issued its decision in United States v. Esquenazi, an important ruling that provides guidance as to what types of foreign entities may constitute “instrumentalities” of a foreign government…more

Anti-Bribery, Criminal Prosecution, FCPA, Foreign Official, Instrumentality

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

Sunbeam Products, Inc. V. Chicago American Manufacturing, LLC

The U.S. Court of Appeals for the Seventh Circuit in Chicago has issued a decision with significant implications for licensees of trademarks whose licensors become debtors in bankruptcy. In Sunbeam Products, Inc. v. Chicago…more

See All Updates »

DOJ Criminal Cartel Enforcement: Six-Month Summary, Part II

This is the second installment in our coverage of the DOJ’s recent criminal cartel enforcement actions. Over the last six months, more than fifty individuals have pleaded guilty as a result of the DOJ’s antitrust investigations…more

Antitrust Investigations, Bid Rigging, Cartels, Criminal Prosecution, DOJ

See All Updates »

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

See All Updates »

Significant Changes to New York Estate and Income Tax Enacted

We previously alerted you to proposed legislation affecting New York estate tax law, the tax treatment of gifts by New York residents, and New York income taxation of certain trusts. This month Governor Cuomo signed final…more

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

See All Updates »

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

See All Updates »

Second Circuit Affirms Preliminary Injunction in People of the State of New York v. Actavis PLC

We’ve previously covered the New York State Attorney General’s (“NYS AG”) lawsuit against Actavis PLC and Forest Laboratories seeking to prevent them from discontinuing sales of the Forest drug Namenda IR, which is used to treat…more

Actavis Inc., Antitrust Violations, Attorney Generals, Generic Drugs, Monopolization

See All Updates »

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

See All Updates »

Europe’s Antitrust Investigation into Google Could Change the Cellphone Industry

In a long line of European regulators taking aggressive stances against American tech companies, Margrethe Vestager, the European Union’s (EU) antitrust chief, is determined to pursue antitrust claims against Google…more

Antitrust Investigations, Antitrust Provisions, Cell Phones, EU, Google

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

Supreme Court Rejects the Government’s “Fishy” Interpretation of Sarbanes-Oxley Obstruction Statute

On February 25, the United States Supreme Court issued a decision in Yates v. United States.1 This case involved the interpretation of Title 18, United States Code, Section 1519, a statute that was added as part of the…more

Destruction of Evidence, Evidence, Sarbanes-Oxley, SCOTUS, US v Yates

See All Updates »

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance this month regarding pregnancy discrimination. This is the first comprehensive update to the EEOC’s Pregnancy Discrimination Guidance since…more

ADA, Civil Rights Act, Disability, EEOC, Employee Rights

See All Updates »

Decision Alert: Supreme Court Holds Class Action Waiver in Arbitration Agreement is Enforceable

In a 5-3 ruling in American Express Co. v. Italian Colors Restaurant (“Amex”), 570 U.S. ___ (2013), the Supreme Court reversed the Second Circuit and held that an arbitration provision that barred class actions was…more

American Express, American Express v Italian Colors Restaurant, Antitrust Litigation, Class Action Arbitration Waivers, FLSA

See All Updates »

EU Competition Commissioner Unveils Investigation into Amazon, Continuing Probe into the Tech Giants

On Thursday, the European Commissioner for Competition announced a formal investigation into whether Amazon, the largest distributor of e-books in Europe, has abused its dominance in the market for e-books. The investigation…more

Amazon, Competition Authorities, e-Books, EU, European Commission

See All Updates »

New UK Competition Watchdog Loses First Cartel Trial; Vows to Remain Vigilant

We previously noted that the UK’s new competition regulator, the Competition and Markets Authority, has indicated that cartel enforcement will be one of its top priorities, hoping to “open as many new criminal cartel…more

See All Updates »

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo “publicly…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

See All Updates »

IRS Announces Changes to the Offshore Voluntary Disclosure Program

As you may have read, the Internal Revenue Service (“IRS”) recently announced changes to its offshore voluntary disclosure programs and announced new options for taxpayers to come into compliance with their U.S. tax…more

Credit Suisse, DOJ, Enforcement, Enforcement Actions, FBAR

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo “publicly…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

Reminder: Amendments needed to reflect $2,500 limit on Health FSA contributions by year end

As mentioned in a prior Alert, beginning in 2013 employees’ salary reduction contributions to a health flexible spending account (health FSA) may not exceed $2,500 per plan year. This limit is to be indexed for inflation in…more

Benefit Plan Sponsors, Flexible Spending Accounts, FSA, Health Insurance, Healthcare

See All Updates »

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

See All Updates »

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo “publicly…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

See All Updates »

An Unforeseen Obstacle: Consultants Can Prevent Validity Challenges Through the Use of the Assignor Estoppel Doctrine

Imagine hiring a consultant who designs a process, only to find that the process infringes a patent invented by the same consultant owned by someone else. How much worse would it be if your use of that consultant prevented you…more

Assignor Estoppel, Consultants, Patent Infringement, Patent Litigation, Patents

See All Updates »

Biosimilar Makers Turn to IPRs before Litigation under the BPCIA

A number of biosimilar makers have turned to inter partes review (IPR) proceedings in order to litigate the validity of patents that cover their proposed products prior to submission of their biosimilar applications to FDA. …more

Biosimilars, BPCIA, FDA, Inter Partes Review Proceedings, Pharmaceutical

See All Updates »

First E-commerce Price Fixing Prosecution Yields Swift Guilty Plea

In what it is calling the Antitrust Division’s “first criminal prosecution against a conspiracy specifically targeting e-commerce,” the Department of Justice has announced that an individual has agreed to plead guilty to charges…more

Algorithms, Amazon, Antitrust Division, Criminal Prosecution, DOJ

See All Updates »

Teva Agrees to Pay $1.2 Billion in FTC’s Pay-For-Delay Suit Against Cephalon

Recently, the FTC announced that it reached a settlement in its pay-for-delay lawsuit, FTC v. Cephalon Inc. in the U.S. District Court for the Eastern District of Pennsylvania, with Teva Pharmaceuticals Industries, Ltd., which…more

Cephalon, Drug Manufacturers, FTC, Generic Drugs, Patent Litigation

See All Updates »

Who Is a U.S. Person? Disparities Between U.S. Tax and Immigration Law

The question of who is a U.S. person has always been relevant for tax purposes because it determines who is subject to (a) U.S. income, gift and estate tax, (b) filing Foreign Bank Account Reports (FBARs), and (c) the ‘‘exit…more

Citizenship, Disparate Treatment, Estate Tax, Exit Tax, FATCA

See All Updates »

Mayor Bloomberg Signs Pregnancy Discrimination Ban Into Law

Earlier this month, Mayor Michael Bloomberg signed into law legislation prohibiting pregnancy discrimination by New York City employers. The legislation, passed unanimously last month by the New York City Council, bars employers…more

Discrimination, Pregnancy Discrimination, Public Employers

See All Updates »

Tough Choices Confront Trade Creditors When a Retailer Faces Bankruptcy

The Great Recession, which began in December 2007 and officially ended in September 2009, has been especially hard on U.S. retailers, and its impact likely will be felt for many more years. Retailers sustained record-breaking…more

Bankruptcy Code, Commercial Bankruptcy, Debt Collection, Internet Retailers, Retailers

See All Updates »

New York Wage Theft Prevention Act Amended – Annual Wage Notices No Longer Required

On December 29, Governor Andrew Cuomo signed into law amendments to the New York Wage Theft Prevention Act (the “WTPA”). Bill A08106C (Assembly), S05885-B (Senate). Most notably, the amendments eliminate the WTPA’s annual wage…more

Amended Legislation, Andrew Cuomo, Annual Notices, DOL, Wage Theft Prevention Act

See All Updates »

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 »

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

See All Updates »

New UK Competition Watchdog Loses First Cartel Trial; Vows to Remain Vigilant

We previously noted that the UK’s new competition regulator, the Competition and Markets Authority, has indicated that cartel enforcement will be one of its top priorities, hoping to “open as many new criminal cartel…more

See All Updates »

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

On December 3, 2012, the United States Court of Appeals for the Second Circuit held that the First Amendment protects pharmaceutical companies who truthfully promote the lawful, off-label use of prescription drugs from criminal…more

Commercial Speech, False Claims Act, FDA, FDCA, Fraud

See All Updates »

Scholarships, Grants, And Foreign Students— Tax Compliance Tips For U.S. Institutions

In recent years, record numbers of foreign students have enrolled in graduate and under- graduate programs at U.S. colleges and universities. During the 2012-2013 academic year, their numbers topped 800,000—the seventh…more

See All Updates »

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 »

Fiscal Cliff Legislation - Employee Benefits and Compensation Provisions of Interest

Earlier this month we notified you that that under the American Taxpayer Relief Act of 2012—i.e., the “fiscal cliff legislation”—Congress extended the ability of employers to pay or reimburse an employee on a tax-free basis for…more

Adoption, American Taxpayer Relief Act, Defined Contribution Plans, Employee Benefits, Fiscal Cliff

See All Updates »

Federal Circuit Oral Arguments in Amgen v. Sandoz

On June 3, the parties in Amgen v. Sandoz presented oral arguments to the Federal Circuit as part of their dispute over the Biologics Price Competition and Innovation Act (BPCIA). The appeal is focused on two questions: whether…more

Amgen, Appeals, Biosimilars, BPCIA, Commercial Marketing

See All Updates »

Limited Relief for Certain Employer Health Plan Premium Payments or Reimbursements

Under so-called “employer payment plans” (“EPPs”), an employer pays or reimburses an employee for substantiated premium costs under individual health plan insurance coverage (i.e., nonemployer individual health plan coverage)…more

Affordable Care Act, Employer Group Health Plans, Employer Liability Issues, Health Insurance, IRS

See All Updates »

Credit Checks on the Chopping Block: NYC Restricts Credit Inquiries During Hiring

Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request credit-related…more

Credit Checks, Credit Reporting Agencies, Employer Liability Issues, Hiring & Firing, Local Ordinance

See All Updates »

Teva Agrees to Pay $1.2 Billion in FTC’s Pay-For-Delay Suit Against Cephalon

Recently, the FTC announced that it reached a settlement in its pay-for-delay lawsuit, FTC v. Cephalon Inc. in the U.S. District Court for the Eastern District of Pennsylvania, with Teva Pharmaceuticals Industries, Ltd., which…more

Cephalon, Drug Manufacturers, FTC, Generic Drugs, Patent Litigation

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

The Soon-to-be Reality of Medicare Part B Reimbursements for Biosimilars

As the country’s largest health insurer, Medicare has immense influence on the health care market. In the wake of the recent approval of Sandoz’s Zarxio (filgrastim-sndz), the first FDA-approved biosimilar, last month the…more

Biosimilars, CMS, FDA, Healthcare, Medicare

See All Updates »

Credit Checks on the Chopping Block: NYC Restricts Credit Inquiries During Hiring

Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request credit-related…more

Credit Checks, Credit Reporting Agencies, Employer Liability Issues, Hiring & Firing, Local Ordinance

See All Updates »

Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams

Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust laws, the complaint is…more

Antitrust Provisions, Dismissals, Exclusive Dealing Agreements, Getty Images, NFL

See All Updates »

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

See All Updates »

Second Circuit Lays Out New Rules for Restitution

On February 6, 2015, the United States Court of Appeals for the Second Circuit decided an appeal, United States v. Cuti, which interpreted the restitution provisions of the Victims and Witnesses Protection Act (VWPA). The…more

Appeals, Attorney's Fees, Crime Victims, Restitution, SEC

See All Updates »

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo “publicly…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

See All Updates »

FDA Approach to Labeling Treats Biosimilars Like Generics

One of the FDA’s recent biosimilar guidance documents has drawn criticism for eliminating labeling information necessary for physicians to make prescribing decisions. The guidance document, titled, “Scientific Considerations in…more

AbbVie, Biosimilars, BPCIA, FDA, Labeling

See All Updates »

FCPA Update: Eleventh Circuit Defines "Instrumentalities" of Foreign Governments

On May 16, 2014, the Eleventh Circuit issued its decision in United States v. Esquenazi, an important ruling that provides guidance as to what types of foreign entities may constitute “instrumentalities” of a foreign government…more

Anti-Bribery, Criminal Prosecution, FCPA, Foreign Official, Instrumentality

See All Updates »

Supreme Court Rejects the Government’s “Fishy” Interpretation of Sarbanes-Oxley Obstruction Statute

On February 25, the United States Supreme Court issued a decision in Yates v. United States.1 This case involved the interpretation of Title 18, United States Code, Section 1519, a statute that was added as part of the…more

Destruction of Evidence, Evidence, Sarbanes-Oxley, SCOTUS, US v Yates

See All Updates »

Significant Changes to New York Estate and Income Tax Enacted

We previously alerted you to proposed legislation affecting New York estate tax law, the tax treatment of gifts by New York residents, and New York income taxation of certain trusts. This month Governor Cuomo signed final…more

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

See All Updates »

SEC Proposes Crowdfunding Rules Under the JOBS Act

The U.S. Securities and Exchange Commission (SEC) recently unanimously voted to issue proposed rules under Title III of the JOBS Act related to crowdfunding. Crowdfunding is a general term for internet-based fundraising…more

Crowdfunding, Indiegogo, JOBS Act, Kickstarter, SEC

See All Updates »

Significant Changes to New York Estate and Income Tax Enacted

We previously alerted you to proposed legislation affecting New York estate tax law, the tax treatment of gifts by New York residents, and New York income taxation of certain trusts. This month Governor Cuomo signed final…more

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

See All Updates »

An Unforeseen Obstacle: Consultants Can Prevent Validity Challenges Through the Use of the Assignor Estoppel Doctrine

Imagine hiring a consultant who designs a process, only to find that the process infringes a patent invented by the same consultant owned by someone else. How much worse would it be if your use of that consultant prevented you…more

Assignor Estoppel, Consultants, Patent Infringement, Patent Litigation, Patents

See All Updates »

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 »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

The French Competition Authority Updates its Leniency Program

Last month, the French Competition Authority (“the Authority”) updated the “Procedural Notice” for its leniency program. As in the U.S., the French leniency program allows enterprises that report cartel activity and cooperate in…more

Cartels, Competition Authorities, Cooperation Initiative, France, Leniency Programs

See All Updates »

AlarMax’s Robinson-Patman Claims Against Honeywell Survive

AlarMax Distributors Inc. may pursue price discrimination claims under the Robinson-Patman Act (RPA) against Honeywell International Inc., a federal judge in Pennsylvania ruled last week. Fire and security product distributor…more

Antitrust Violations, Exclusive Dealing Agreements, Honeywell International, Pleadings, Price Discrimination

See All Updates »

New York Non-Profit Revitalization Act of 2013

In this Report: - Overview of Applicability - Summary of the Act’s Governance Requirements - Summary of the Act’s Financial Reporting Rules for Organizations Required to Register to Conduct Charitable…more

Corporate Governance, New Legislation, Non-Profits, Reporting Requirements

See All Updates »

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

See All Updates »

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 »

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, FCA, FDA, FTC

See All Updates »

Credit Checks on the Chopping Block: NYC Restricts Credit Inquiries During Hiring

Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request credit-related…more

Credit Checks, Credit Reporting Agencies, Employer Liability Issues, Hiring & Firing, Local Ordinance

See All Updates »

Limited Relief for Certain Employer Health Plan Premium Payments or Reimbursements

Under so-called “employer payment plans” (“EPPs”), an employer pays or reimburses an employee for substantiated premium costs under individual health plan insurance coverage (i.e., nonemployer individual health plan coverage)…more

Affordable Care Act, Employer Group Health Plans, Employer Liability Issues, Health Insurance, IRS

See All Updates »

Supreme Court Issues Decision on EEOC Conciliation in Mach Mining

On April 29, 2015, the Supreme Court issued a unanimous decision in Mach Mining, LLC v. EEOC, No. 13-1019, 575 U.S. __, 2015 U.S. Lexis 2984. In Mach Mining, the Court considered whether federal courts have the authority to…more

Conciliation, Discrimination, EEOC, Judicial Review, Mach Mining v EEOC

See All Updates »

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 »

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 »

Contact

1133 Avenue of the Americas
New York, New York 10036, United States

  • 212-336-2995
  • 212-336-2222

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • New York
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×