Patterson Belknap Webb & Tyler LLP

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1133 Avenue of the Americas
New York, New York 10036, United States
Phone: 212-336-2995
Fax: 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
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  • Securities Law
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  • Wills, Trusts, & Estate Planning
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Other U.S. Locations
  • New York
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100+ Attorneys

OUCH! Now What? OSHA Creates New Rules for Reporting and Submitting Records of Workplace Injuries and Illnesses

On May 11, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a Final Rule modifying workplace injury and illness reporting requirements. Certain employers will be subject to new…more

OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

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2016 Year-End Trusts & Estates Update

As 2016 comes to a close, we would like to share with you a number of recent developments affecting trust and estate planning that may be of interest: Final regulations restricting valuation discounts unlikely to be…more

Business Valuations, Capital Gains, Estate Planning, Estate Tax, Family Businesses

See all updates »

2016 Year-End Trusts & Estates Update

As 2016 comes to a close, we would like to share with you a number of recent developments affecting trust and estate planning that may be of interest: Final regulations restricting valuation discounts unlikely to be…more

Business Valuations, Capital Gains, Estate Planning, Estate Tax, Family Businesses

See all updates »

Judge Sweet Holds Invalidity and Non-Infringement Defenses Cannot Shield a Licensee’s Breach of a Patent License

On March 17, 2017, District Judge Robert Sweet (S.D.N.Y.) granted plaintiff Icahn School of Medicine at Mount Sinai's ("Mt. Sinai") motion to strike defendant Neurocrine Biosciences ("Neurocrine") affirmative defenses of patent…more

Declaratory Judgments, Motion to Dismiss, Motion To Strike, Patent Infringement, Patent Invalidity

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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

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Law Passed Amending NPCL

Over the summer, we posted about Bill No. A. 10365B/S. 7913, containing amendments to the New York Not-for-Profit Corporation Law (the “NPCL”) and the New York Estates, Powers and Trusts Law (the “EPTL”) here. After…more

Estate Planning, Legislative Amendments, Non-Profits, Trusts, Wills

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Fourth Circuit Weighs In on Article III Standing in Data Breach Suits

Earlier this month, the Fourth Circuit weighted in with the most recent decision in the developing case law on Article III standing in data breach litigation, a topic that we have been covering extensively on this blog. The…more

Appeals, Cybersecurity, Data Breach, Identity Theft, Injury-in-Fact

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Fraud and Fraudulent Conveyance Claims for $686 Million Allowed To Proceed Against Hedge Fund in Long-Running Dispute over Failed Securitization

On March 13, 2017, Justice Marcy Friedman of the New York Commercial Division denied a motion for summary judgment seeking to dismiss claims of fraud, breach of the covenant of good faith and fair dealing, and fraudulent…more

Collateralized Debt Obligations, Covenant of Good Faith and Fair Dealing, Credit Default Swaps, Fraudulent Conveyance, Hedge Funds

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Home Depot Settles with Financial Institutions for Over $25 Million in Data Breach Case

New filings in the consolidated Home Depot data breach litigation, which we have previously covered on this blog, indicate that Home Depot and the remaining financial institution plaintiffs have reached a settlement. To…more

Class Action, Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach

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Privilege Waiver: Is Your File-Sharing Site a Public Park Bench?

While courts and the Federal Rules of Evidence take an increasingly pragmatic approach to the question of when inadvertent disclosure of privileged information results in waiver, a recent federal magistrate’s ruling serves as a…more

Attorney-Client Privilege, Corporate Counsel, Data Protection, Disclosure, Electronically Stored Information

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2016 Year-End Trusts & Estates Update

As 2016 comes to a close, we would like to share with you a number of recent developments affecting trust and estate planning that may be of interest: Final regulations restricting valuation discounts unlikely to be…more

Business Valuations, Capital Gains, Estate Planning, Estate Tax, Family Businesses

See all updates »

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

See all updates »

Home Depot Settles with Financial Institutions for Over $25 Million in Data Breach Case

New filings in the consolidated Home Depot data breach litigation, which we have previously covered on this blog, indicate that Home Depot and the remaining financial institution plaintiffs have reached a settlement. To…more

Class Action, Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach

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In Summary Order, Second Circuit Provides Guidance to Courts Deciding Motions for Sentence Reductions

On February 16, 2017, the Second Circuit (Leval, Calabresi, Carney) issued a summary order in United States v. Lopez, No. 16-1019, vacating and remanding for reconsideration the district court’s denial of the appellant’s motion…more

Aiding and Abetting, Clear Error Standard, Criminal Appeals, Criminal Prosecution, Drug Possession

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EOs and EOs: Exempt Organizations and Presidential Executive Orders

In the twelve days since his inauguration, President Donald Trump has issued a flurry of executive orders relating to, among other things, the proposed repeal of the Affordable Care Act, the construction of oil pipelines, the…more

501(c)(3), 501(c)(4), Charitable Organizations, Executive Orders, Lobbying

See all updates »

AbbVie Submits Citizen Petition on Interchangeable Biosimilars

AbbVie, Inc., a biopharmaceutical company, has submitted a citizen petition to the FDA regarding determinations of interchangeability under the BPCIA. An interchangeable biological product is biosimilar to a reference product…more

AbbVie, Biologics, Biosimilars, Citizen Petitions, FDA

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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

ANDA, BPCIA, Commercial Marketing, Corporate Counsel, Forum Selection

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DHS Warns of New Ransomware Threats

The Department of Homeland Security (“DHS”) recently issued a joint alert with the Canadian Cyber Incident Response Centre warning of two new ransomware threats behind recent well-publicized attacks against healthcare companies…more

Bitcoin, Canada, Cybersecurity, Data Protection, DHS

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IRS Sets Deadline for Retroactive Fixes to 403(b) Retirement Plan Documents

In January 2017, the IRS published Revenue Procedure 2017-18 which set March 31, 2020 as the last day to take advantage of the remedial amendment period under Revenue Procedure 2013-22 to retroactively fix defects in 403(b)…more

403(b) Plans, Employee Benefits, IRS, Retirement Plan

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Supreme Court won’t weigh in on Sherman Act liability for false advertising

The incentive is high to identify a Sherman Act violation in your competitor’s conduct—three times higher, to be precise, than to bring a claim for an ordinary business tort or even a false advertising claim under the Lanham…more

Antitrust Litigation, Antitrust Provisions, Competition, False Advertising, Monopolization

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Four Years of IPRs: Lessons from Proceedings for the Cabilly II Patent

It has been four years since the first inter partes review proceedings were filed in the United States. The first IPR petition, filed on September 16, 2012 (the first day IPRs became available), made it all the way to the…more

Biologics, Genentech, Inter Partes Review (IPR) Proceeding, Joinder, Motion to Terminate

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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

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Expanding the Reach of Title VII: Seventh Circuit Recognizes Sexual Orientation as a Protected Class

In a shift from its earlier interpretations, the U.S. Court of Appeals for the Seventh Circuit overruled its prior precedent and held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 2017 U.S. App. LEXIS 5839…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

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The Federal Circuit Will Hear Apotex’s Appeal from a Preliminary Injunction Under the BPCIA in Early 2016

In Amgen v. Apotex, Judge Cohn of the Southern District of Florida recently enjoined Apotex from selling its proposed biosimilar of Amgen’s Neulasta for 180 days following FDA approval. In Amgen v. Sandoz, 794 F.3d 1347 (Fed…more

aBLA, Amgen, Apotex, Biosimilars, BPCIA

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Help Is On the Way: Cybersecurity Bill Aims to Provide Assistance and Training

A recently introduced bipartisan bill seeks to provide state and local authorities with additional resources to assist in the fight against cybersecurity threats. Last month, Senators John Cornyn (R-Tex.), Patrick Leahy…more

Cyber Threats, Cybersecurity, Data Security, DHS, Popular

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SEC Reportedly Wants To Know What Took Yahoo! So Long To Disclose Massive Data Breaches

The U.S. Securities and Exchange Commission is reportedly looking into whether two data breaches at Yahoo!, Inc. should have been disclosed earlier.  In a front page article today, the Wall Street Journal reported that “people…more

Cyber Attacks, Data Breach, Disclosure Requirements, FTC, Government Investigations

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The New York Department of Financial Services Issues Its Final Cybersecurity Regulation

On February 16, 2017, the New York Department of Financial Services (“DFS”) issued the final version of its cybersecurity regulation. The regulation, which has seen several iterations since it was first proposed in September…more

Banks, Cybersecurity, Department of Financial Services, Final Rules, Financial Institutions

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FTC Sues Qualcomm for Using Anticompetitive Tactics to Maintain Chip Monopoly

Last week, the FTC filed a complaint against Qualcomm, a manufacturer of baseband processors, which are chips included in cell phones and other products with cellular connectivity that allow the devices to connect to cell…more

Anticompetitive Agreements, Apple, Cell Phones, Enforcement Actions, FRAND

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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

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Fall into the GAAP: New Not-for-Profit Financial Reporting Standards Issued

As we previously reported, in April 2015 the Financial Accounting Standards Board (“FASB”) circulated a series of proposed changes to generally accepted accounting principles applicable to certain not-for-profit entities in…more

Accounting Standards, FASB, Financial Reporting, Financial Statements, GAAP

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Supreme Court Grants Cert in Amgen v. Sandoz

On January 13, 2017, the Supreme Court granted Sandoz’s petition for certiorari and Amgen’s cross-petition in Amgen v. Sandoz, case nos. 15-1039 and 15-1195. The two cases were consolidated, and an hour was allotted for oral…more

Biologics, BPCIA, Certiorari, Commercial Marketing, Declaratory Judgments

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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

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Commercial Division Compels Arbitration of a Contract Claim Based on an Arbitration Clause in a Related Agreement

In Fidilio v. Hoosick Falls Productions, Inc., No. 654066/2016, 2017 BL 107640 (Sup. Ct. Mar. 22, 2017), Justice Eileen Bransten of the New York County Commercial Division granted a motion to compel arbitration of a dispute…more

Arbitration, Arbitration Agreements, Breach of Contract, Contract Claims, Mandatory Arbitration Clauses

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Supreme Court Endorses Implied Certification Theory of Liability But Establishes “Demanding” Materiality Standard Under the False Claims Act

Yesterday, the United States Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar et al., holding that the so-called “implied certification” theory is viable under the False Claims Act (“FCA”),…more

Conditions of Payment, Failure To Disclose, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors

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Commercial Division Dismisses Claim Against Major Chinese Securities Firm Due to Lack of Personal Jurisdiction

In Lantau Holdings, Ltd. v. Orient Equal International Grp., No. 653920/2016, 2017 BL 77469 (Sup. Ct. Mar. 6, 2017), Judge Anil C. Singh of the New York County Commercial Division dismissed several claims by the plaintiff,…more

China, Corporate Counsel, Financial Markets, Financial Sector, Financial Services Industry

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Claims Dismissed Against Successor Transfer Agent Where There Was No Showing Of A Duty Owed To The Investors

In Magna Equities II, LLC et al., v. Writ Media Group Inc., et al., No. 653808/2016, 2017 BL 115243 (N.Y. Sup. Ct March 30, 2017), Justice Peter Sherwood dismissed for lack of jurisdiction and failure to state a claim all claims…more

Common Stock, Conversion Requirements, Failure To State A Claim, Financial Services Industry, Investors

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Merrick Garland on Efficiencies

Judge Merrick Garland, if he is confirmed, may become one of the Supreme Court’s foremost authorities in antitrust law. He taught antitrust law at Harvard, and he has published on the subject, so it’s fair to expect him to seek…more

Antitrust Provisions, Judicial Appointments, Market Participants, Merrick Garland, SCOTUS

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Genentech’s BPCIA Complaint Against Amgen Dismissed

Today, Judge Gregory Sleet of the U.S. District Court of Delaware orally dismissed Genentech’s lawsuit against Amgen alleging violations of the BPCIA. Judge Sleet did not issue a written opinion, but his order states that the…more

Amgen, BPCIA, Commercial Marketing, Discovery Disputes, Dismissals

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Wake-Up Call: Law Firms in the Cybersecurity Crosshairs

Last week marked the first time a U.S. law firm was publicly named in a class action data security lawsuit. Originally filed in April 2016, the class action complaint in Shore v. Johnson & Bell, Ltd., 16-cv-4363 (N.D. Ill.),…more

Attorney Malpractice, Attorney-Client Privilege, Class Action, Class Certification, Client Data

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U.S. Biosimilars Pathway Under Trump

This week’s election of Donald Trump as the next President of the United States undoubtedly impacts many sectors of the American economy, and the bio/pharmaceutical industry is no exception. Two of Trump’s stated policies might…more

Affordable Care Act, Barack Obama, Biologics, BPCIA, Pharmaceutical Industry

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2016 Year-End Trusts & Estates Update

As 2016 comes to a close, we would like to share with you a number of recent developments affecting trust and estate planning that may be of interest: Final regulations restricting valuation discounts unlikely to be…more

Business Valuations, Capital Gains, Estate Planning, Estate Tax, Family Businesses

See all updates »

“SMARTER” Act Advances in Congress: Will It Become Law?

For the third straight legislative session, the House Judiciary Committee has voted in favor of a bill—the Standard Merger and Acquisition Reviews Through Equal Rules (“SMARTER”) Act—that would amend the Clayton Act and Federal…more

Antitrust Provisions, DOJ, FTC, FTC Act, Proposed Legislation

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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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2016 Year-End Trusts & Estates Update

As 2016 comes to a close, we would like to share with you a number of recent developments affecting trust and estate planning that may be of interest: Final regulations restricting valuation discounts unlikely to be…more

Business Valuations, Capital Gains, Estate Planning, Estate Tax, Family Businesses

See all updates »

Commercial Division allows fraudulent conveyance claims to proceed in two separate cases

In a pair of recent decisions, Justices Shirley W. Kornreich and Lawrence K. Marks of the Commercial Division ruled that creditors could proceed on their fraudulent conveyance claims seeking reversal of asset transfers made by…more

Commercial Contracts, Commercial Loans, Debtor-Creditor, Financial Services Industry, Fraud

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Impact of Nautilus on Biotech and Pharmaceutical Patents

In Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014), the Supreme Court rejected the Federal Circuit’s “insolubly ambiguous” standard for determining whether a patent claim meets the definiteness requirement…more

Claim Construction, Indefiniteness, Patent Litigation, Pharmaceutical Patents

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Commercial Division Refuses to Disturb Judgment Based On “Newly Discovered” Evidence That Was Available in Russian Public Records Prior to Trial

What is the ability of a litigant in the Commercial Division to use evidence located in the public records outside of the United States to re-open a New York court judgment? On December 7, 2016, in Alexander Gliklad v…more

Affirmative Defenses, Commercial Court, Consideration, Contract Formation, Credibility

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“SMARTER” Act Advances in Congress: Will It Become Law?

For the third straight legislative session, the House Judiciary Committee has voted in favor of a bill—the Standard Merger and Acquisition Reviews Through Equal Rules (“SMARTER”) Act—that would amend the Clayton Act and Federal…more

Antitrust Provisions, DOJ, FTC, FTC Act, Proposed Legislation

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IRS Sets Deadline for Retroactive Fixes to 403(b) Retirement Plan Documents

In January 2017, the IRS published Revenue Procedure 2017-18 which set March 31, 2020 as the last day to take advantage of the remedial amendment period under Revenue Procedure 2013-22 to retroactively fix defects in 403(b)…more

403(b) Plans, Employee Benefits, IRS, Retirement Plan

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Second Circuit Reverses Conviction in Bond Market Misrepresentation Case, but Endorses Government Theory of Materiality

On December 8, 2015, the United States Court of Appeals for the Second Circuit reversed the conviction of Jesse C. Litvak, a securities broker and trader at Jefferies & Company. Litvak had been convicted of various counts of…more

Bonds, Convictions, Materiality, Misrepresentation, Reversal

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In re Capacitors Antitrust Class Action Update: Claims Slightly Narrowed, Parties Continue Discovery

When we last wrote in June 2015 about In re Capacitors Antitrust Litig., No. 14-03264-JD, consolidated putative class actions pending before Judge James Donato in the Northern District of California, the plaintiffs had just…more

Antitrust Litigation, Cartwright Act, Injury-in-Fact, Price-Fixing, Putative Class Actions

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New York Non-Profit Revitalization Act Reforms Governance Rules for Nonprofits

Signed into law in 2013, the New York Non-Profit Revitalization Act is designed to reform the statutory requirements for governance of nonprofit organizations (both not-for-profit corporations and wholly charitable trusts),…more

Audits, Charitable Organizations, Compensation & Benefits, Conflicts of Interest, Corporate Governance

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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

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The FTC and LabMD’s Legal Battle Gets Personal: First Amendment Claims Against FTC Lawyers Survive

The Federal Trade Commission’s (FTC) sprawling and contentious legal battle with now-defunct medical testing company LabMD recently took an unusual turn when a federal court allowed LabMD (and its former CEO) to proceed with…more

Bivens Claims, Civil Conspiracy, Data Security, Fifth Amendment, First Amendment

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Supreme Court Endorses Implied Certification Theory of Liability But Establishes “Demanding” Materiality Standard Under the False Claims Act

Yesterday, the United States Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar et al., holding that the so-called “implied certification” theory is viable under the False Claims Act (“FCA”),…more

Conditions of Payment, Failure To Disclose, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors

See all updates »

2016 Year-End Trusts & Estates Update

As 2016 comes to a close, we would like to share with you a number of recent developments affecting trust and estate planning that may be of interest: Final regulations restricting valuation discounts unlikely to be…more

Business Valuations, Capital Gains, Estate Planning, Estate Tax, Family Businesses

See all updates »

Remijas v. Neiman Marcus: Seventh Circuit Affords Broad Standing To Sue Over Consumer Data Breaches

When hackers breach a business’s systems, class actions are sure to follow. Often, however, these suits have faltered right out of the starting gate. Citing the Supreme Court’s 2013 decision in Clapper v. Amnesty International,…more

Appeals, Article III, Data Breach, Debit and Credit Card Transactions, Imminent Harm

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No Use Crying Over Settled Claims?: Second Circuit Affirms Approval of Dairy Farmers’ Settlement

This week, the Second Circuit affirmed the approval of a $50 million agreement settling price-fixing claims brought by a class of farmers against a dairy cooperative and a dairy marketing company. The settlement in Allen et al…more

Antitrust Violations, Appeals, Class Action, Coercion, Dairy Farmers

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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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Second Circuit Declares That, to Survive Motions to Dismiss, Antitrust Allegations Require Factual Support for All “Necessary Premises”

Last Wednesday, the Second Circuit Court of Appeals partially vacated the judgment of the district court in In re Actos End-Payor Antitrust Litigation. In doing so, the Second Circuit allowed only plaintiffs’ claims that Takeda…more

ANDA, Anti-Competitive, Antitrust Litigation, Causation, Corporate Counsel

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EOs and EOs: Exempt Organizations and Presidential Executive Orders

In the twelve days since his inauguration, President Donald Trump has issued a flurry of executive orders relating to, among other things, the proposed repeal of the Affordable Care Act, the construction of oil pipelines, the…more

501(c)(3), 501(c)(4), Charitable Organizations, Executive Orders, Lobbying

See all updates »

Commercial Division Dismisses Claim Against Major Chinese Securities Firm Due to Lack of Personal Jurisdiction

In Lantau Holdings, Ltd. v. Orient Equal International Grp., No. 653920/2016, 2017 BL 77469 (Sup. Ct. Mar. 6, 2017), Judge Anil C. Singh of the New York County Commercial Division dismissed several claims by the plaintiff,…more

China, Corporate Counsel, Financial Markets, Financial Sector, Financial Services Industry

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Cybersecurity Advice from President Obama

We’re writing this week to highlight some of the ways in which President Obama’s evolving views on cybersecurity can help guide corporate governance of data security risks. In an interview with Wired Magazine, the President…more

Barack Obama, Cyber Attacks, Cybersecurity, Data Breach, Data Security

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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

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“Don’t retaliate! (We really mean it)”: EEOC and Second Circuit Crack Down on Workplace Retaliation

On August 25, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final enforcement guidance on employer retaliation (the “Guidance”). The Guidance addresses retaliation under each of the statutes enforced by…more

Civil Rights Act, Discrimination, EEOC, Employer Liability Issues, Retaliation

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In Summary Order, Second Circuit Finds Plain Error in Miscalculation of Defendant’s Supervised Release Guidelines Range

In United States v. Shaday, 16-529, the Second Circuit (Jacobs, Livingston, and Kaplan (sitting by designation)) vacated and remanded the supervised release portion of defendant Yova Kana Shaday’s sentence after finding that the…more

Criminal Prosecution, Federal Sentencing Guidelines, Sentencing, Sex Offender Registry, Sex Offenders

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This Is Not Fine: Circuit Vacates Fine Imposed on Unable-to-Pay Defendant, Citing Lack of Reasoning or Evidence for Judge’s Sentence

In a summary order issued March 7, 2017, United States v. Marmilev, 14-4738 (Leval, Calabresi, and Carney), the Circuit vacated and remanded the portion of the defendant’s sentence imposing a $250,000 fine after the defendant…more

Criminal Prosecution, Evidence, Fines, Money Transmitter, Remand

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Colorado Regulator Proposes New Cybersecurity Rules for Financial Institutions

Increasingly, states are enacting cybersecurity regulations for financial institutions and investment advisors. Following New York’s groundbreaking regulation, Colorado recently proposed changes to its state securities…more

Broker-Dealer, Cybersecurity, Electronically Stored Information, Financial Institutions, Financial Sector

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Supreme Court won’t weigh in on Sherman Act liability for false advertising

The incentive is high to identify a Sherman Act violation in your competitor’s conduct—three times higher, to be precise, than to bring a claim for an ordinary business tort or even a false advertising claim under the Lanham…more

Antitrust Litigation, Antitrust Provisions, Competition, False Advertising, Monopolization

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Seventh Circuit (Again) Finds Consumers Have Standing To Sue Over Data Breaches

On April 14, 2016, the Seventh Circuit held in Lewart v. P.F. Chang’s that customers who may have had personal information compromised in a P.F. Chang’s data breach have standing, at the motion-to-dismiss stage, to sue the…more

Clapper v. Amnesty International, Class Action, Credit Monitoring, Data Breach, Injury-in-Fact

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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

See all updates »

New York Non-Profit Revitalization Act Reforms Governance Rules for Nonprofits

Signed into law in 2013, the New York Non-Profit Revitalization Act is designed to reform the statutory requirements for governance of nonprofit organizations (both not-for-profit corporations and wholly charitable trusts),…more

Audits, Charitable Organizations, Compensation & Benefits, Conflicts of Interest, Corporate Governance

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

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A New Tool for Anti-Bribery Compliance Program: ISO 37001

Recently, the International Organization for Standardization (ISO) adopted a new set of standards, designated as ISO 37001, to assist organizations in their ongoing fight against bribery. As a result of recent increases in the…more

Anti-Bribery, Anti-Corruption, Compliance, Corrective Actions, Due Diligence

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Third Circuit Finds FCRA Violation Alone Confers Standing for Data Breach Suit

The United States Court of Appeals for the Third Circuit recently ruled that a data breach class action may proceed on the basis of a Fair Credit Reporting Act (FCRA) violation alone, even where the putative class members do not…more

Clapper v. Amnesty International, Class Action, Data Breach, FCRA, Popular

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A New Tool for Anti-Bribery Compliance Program: ISO 37001

Recently, the International Organization for Standardization (ISO) adopted a new set of standards, designated as ISO 37001, to assist organizations in their ongoing fight against bribery. As a result of recent increases in the…more

Anti-Bribery, Anti-Corruption, Compliance, Corrective Actions, Due Diligence

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First Department Allows $45 Million Fraud Claim to Proceed Against Patriarch Partners

In Norddeutsche Landesbank Girozentrale v. Tilton, No. 651695/15, 2017 BL 55790 (App Div, 1st Dep’t Feb. 23, 2017), a divided panel of the Appellate Division, First Department, affirmed a Commercial Division order that denied a…more

Appeals, Cease and Desist, Collateralized Debt Obligations, Commercial Court, Enforcement Actions

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The “Cannibal Cop” and Protection of Computerized Data

In an unusual criminal case, the Second Circuit Court of Appeals recently weighed in on an important question at the intersection of employment law and data security. The decision will likely have implications wherever questions…more

Computer Fraud and Abuse Act (CFAA), Data Security, Trade Secrets, Unauthorized Access, Web Scraping

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Judge Swain Finds a “Book” by Any Other Cover is Still Not a “Camera”

Pro se Plaintiff Chikezie Ottah (“Plaintiff”) sued fifteen automobile companies for patent infringement alleging that defendants’ car mounted cameras infringe U.S. Patent No. 7,152,840 (“the ’840 patent”) entitled “Book Holder.”…more

Failure To State A Claim, Motion to Dismiss, Noninfringement, Patent Infringement, Patent Litigation

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Amgen v. Sandoz Biosimilar Litigation Update: Sandoz Follows the Patent Dance With Neulasta

Amgen v. Sandoz Biosimilar Litigation Update: Sandoz Follows the Patent Dance With Neulasta - Prominent among the first generation of U.S. biosimilar litigations under the Biologics Price Competition and Innovation Act…more

Biosimilars, BPCIA, Patent Dance, Patent Infringement, Patent Litigation

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Impact of Nautilus on Biotech and Pharmaceutical Patents

In Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014), the Supreme Court rejected the Federal Circuit’s “insolubly ambiguous” standard for determining whether a patent claim meets the definiteness requirement…more

Claim Construction, Indefiniteness, Patent Litigation, Pharmaceutical Patents

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Second Circuit Reverses In Part and Affirms In Part In Appeal From Convictions Under Sarbanes-Oxley and Accessory-After-The-Fact Statutes

On February 23, 2017, the Second Circuit (Chief Judge Katzmann, Judge Winter, and District Judge Sidney Stein, by designation) issued a per curiam decision in United States v. Natal, et al., that led to a partial reversal and…more

Appeals, Cell Phones, Criminal Convictions, Destruction of Evidence, Reversal

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Tenth Circuit Clarifies Rule of Reason Analysis for Tying Claims

Tying is a chameleon in antitrust law. Courts can condemn tying arrangements as either per se violations or as unlawful under the rule of reason. For a per se tying violation, plaintiff must show that the defendant had…more

Anti-Competitive, Antitrust Litigation, Antitrust Provisions, Illegal Tying Arranegements, Summary Judgment

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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

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, Creditors, Debt Collection, Internet Retailers

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US Regulators Investigate Chinese Steelmakers for Hacking Trade Secrets

The U.S. International Trade Commission (“ITC”) last week launched an investigation into United States Steel Corporation’s (“U.S. Steel”) complaint that Chinese hackers stole trade secret information—including proprietary…more

ALJ, China, Hackers, Illegal Imports, ITC

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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

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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

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Third Circuit Grants FTC Injunction in Penn State Hershey-Pinnacle Merger, Overruling Lower Court

On September 27, the U.S. Court of Appeals for the Third Circuit handed the Federal Trade Commission a big win, overturning the Middle District of Pennsylvania’s denial of an injunction to block the proposed merger of Penn State…more

Anti-Competitive, Appeals, Burden of Proof, FTC, Hospital Mergers

See all updates »

2016 Year-End Trusts & Estates Update

As 2016 comes to a close, we would like to share with you a number of recent developments affecting trust and estate planning that may be of interest: Final regulations restricting valuation discounts unlikely to be…more

Business Valuations, Capital Gains, Estate Planning, Estate Tax, Family Businesses

See all updates »

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

See all updates »

Post-Spokeo Standing: An Evolving Landscape

Several recent federal court decisions have shed additional light on the still-unsettled question of when a plaintiff has Article III standing to sue based on a data breach or other data security or privacy event. These…more

Article III, Class Action, Data Breach, Data Protection, Data Security

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Sharply Divided Circuit Denies Government’s En Banc Petition In Microsoft Appeal

In July 2016, the Second Circuit ruled that the Government could not employ a domestic search warrant, issued pursuant to the Stored Communications Act, 18 U.S.C. § 2703 (the “SCA”), to compel disclosure of an email account that…more

Appeals, Criminal Investigations, Electronically Stored Information, Email, En Banc Review

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Court Vacates Term of Supervised Release

In a short summary order, the Court (Winter, Jacobs, Cabranes) vacated a term of supervised release because the district court had improperly calculated the advisory Guidelines range. Defendant Raddy Breton pleaded guilty to…more

Appeals, Criminal Prosecution, Federal Sentencing Guidelines, Plain Error, Plea Agreements

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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 »

Solicitor General Supports Cert in Amgen v. Sandoz, Supreme Court Denies Cert in Amgen v. Apotex

Last week, the Solicitor General submitted its brief in Amgen v. Sandoz, arguing that the Supreme Court should review and decide in Sandoz’s favor both questions presented by the parties’ cross-petitions for certiorari. Two…more

Amgen v Apotex, Biosimilars, BPCIA, Commercial Marketing, Cross Motions

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Second Circuit Holds that District Court Orders Determining Restitution Credits are Final, Appealable Orders

In United States v. Yalincak, No. 11-5446 (2nd Cir. Apr. 10, 2017) (Calabresi, Raggi, Lynch), the Second Circuit addressed a complicated issue of appellate procedure in the course of a decision on the law of restitution. …more

Bank Fraud, Crime Victims, Criminal Prosecution, Restitution, Wire Fraud

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Judge Forrest Vacates Judge Scheindlin’s Prior Decision Invalidating TiVo Patents Under § 101

On November 29, 2016, District Judge Katherine B. Forrest (S.D.N.Y.) vacated the February 22, 2016 decision of Judge Shira A. Scheindlin, which had granted a motion to dismiss, brought by alleged infringers TNS Media Research,…more

Abstract Ideas, CLS Bank v Alice Corp, Motion to Dismiss, Motion To Reconsider, Patent Infringement

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The FTC and LabMD’s Legal Battle Gets Personal: First Amendment Claims Against FTC Lawyers Survive

The Federal Trade Commission’s (FTC) sprawling and contentious legal battle with now-defunct medical testing company LabMD recently took an unusual turn when a federal court allowed LabMD (and its former CEO) to proceed with…more

Bivens Claims, Civil Conspiracy, Data Security, Fifth Amendment, First Amendment

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Colorado Regulator Proposes New Cybersecurity Rules for Financial Institutions

Increasingly, states are enacting cybersecurity regulations for financial institutions and investment advisors. Following New York’s groundbreaking regulation, Colorado recently proposed changes to its state securities…more

Broker-Dealer, Cybersecurity, Electronically Stored Information, Financial Institutions, Financial Sector

See all updates »

New York Will Require Certain 501(c)(3) Organizations to Publicly Disclose Donors

Bill No. A. 10742/S. 8160, introduced during the final hours of the spring legislative session and signed into law by Governor Andrew Cuomo, requires 501(c)(3) organizations to publicly disclose the identities of certain donors…more

501(c)(3), 501(c)(4), Disclosure Requirements, Donations, Governor Cuomo

See all updates »

IRS Sets Deadline for Retroactive Fixes to 403(b) Retirement Plan Documents

In January 2017, the IRS published Revenue Procedure 2017-18 which set March 31, 2020 as the last day to take advantage of the remedial amendment period under Revenue Procedure 2013-22 to retroactively fix defects in 403(b)…more

403(b) Plans, Employee Benefits, IRS, Retirement Plan

See all updates »

Expanding the Reach of Title VII: Seventh Circuit Recognizes Sexual Orientation as a Protected Class

In a shift from its earlier interpretations, the U.S. Court of Appeals for the Seventh Circuit overruled its prior precedent and held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 2017 U.S. App. LEXIS 5839…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

See all updates »

Commercial Division Rejects Collateral Promise Argument as a Basis for a Fraudulent Inducement Claim

In a recent decision, Justice Anil Singh of the Commercial Division dismissed a counterclaim asserted by Visa against Wal-Mart for fraudulent inducement. According to Justice Singh, Visa’s allegations failed to satisfy the…more

Breach of Contract, Chip and PIN, Debit and Credit Card Transactions, Fraud, Fraudulent Inducement

See all updates »

The New York Department of Financial Services Issues Its Final Cybersecurity Regulation

On February 16, 2017, the New York Department of Financial Services (“DFS”) issued the final version of its cybersecurity regulation. The regulation, which has seen several iterations since it was first proposed in September…more

Banks, Cybersecurity, Department of Financial Services, Final Rules, Financial Institutions

See all updates »

New York District Court Allows Monopolization Claims Alleging Manipulation of Electricity Prices to Proceed Against Barclays

Last week, Judge Victor Marrero of the U.S. District Court for the Southern District of New York partially granted Barclays PLC’s motion to dismiss antitrust and unfair enrichment claims brought against it by Merced Irrigation…more

Barclays, Class Action, FERC, Price Manipulation, Sherman Act

See all updates »

New York Non-Profit Revitalization Act Reforms Governance Rules for Nonprofits

Signed into law in 2013, the New York Non-Profit Revitalization Act is designed to reform the statutory requirements for governance of nonprofit organizations (both not-for-profit corporations and wholly charitable trusts),…more

Audits, Charitable Organizations, Compensation & Benefits, Conflicts of Interest, Corporate Governance

See all updates »

AbbVie Submits Citizen Petition on Interchangeable Biosimilars

AbbVie, Inc., a biopharmaceutical company, has submitted a citizen petition to the FDA regarding determinations of interchangeability under the BPCIA. An interchangeable biological product is biosimilar to a reference product…more

AbbVie, Biologics, Biosimilars, Citizen Petitions, FDA

See all updates »

Expanding the Reach of Title VII: Seventh Circuit Recognizes Sexual Orientation as a Protected Class

In a shift from its earlier interpretations, the U.S. Court of Appeals for the Seventh Circuit overruled its prior precedent and held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 2017 U.S. App. LEXIS 5839…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

See all updates »

Judge Swain Finds a “Book” by Any Other Cover is Still Not a “Camera”

Pro se Plaintiff Chikezie Ottah (“Plaintiff”) sued fifteen automobile companies for patent infringement alleging that defendants’ car mounted cameras infringe U.S. Patent No. 7,152,840 (“the ’840 patent”) entitled “Book Holder.”…more

Failure To State A Claim, Motion to Dismiss, Noninfringement, Patent Infringement, Patent Litigation

See all updates »

A New Tool for Anti-Bribery Compliance Program: ISO 37001

Recently, the International Organization for Standardization (ISO) adopted a new set of standards, designated as ISO 37001, to assist organizations in their ongoing fight against bribery. As a result of recent increases in the…more

Anti-Bribery, Anti-Corruption, Compliance, Corrective Actions, Due Diligence

See all updates »

A Long Road Ahead: Data Privacy and the Self-Driving Car

America has had a longstanding love affair with the automobile, as a manifestation of innovation and independence. The next chapter is likely the advent of the (fully or partially) autonomous vehicle…more

Auto Manufacturers, Automotive Industry, Connected Cars, Cybersecurity, Data Privacy

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District Court Must Consider Significant Disparity Between Plea Offer and Ultimate Sentence When Assessing Ineffective Assistance Claims

In Reese v. United States, 16-516, the Second Circuit (Pooler, Wesley, Carney) vacated by summary order the order of the U.S. District Court for the Southern District of New York (Marrero, J.) denying Reese’s petition to vacate…more

Criminal Prosecution, Habeas Corpus, Ineffective Assistance of Counsel, Pleas

See all updates »

Divided Panel Debates a Jury’s Ability to Resist the Persuasive Power of Hollywood

In United States v. Monsalvatge (Nos. 14-1113, 14-1139, and 14-1206), a divided panel of the Second Circuit explored the contentious topic of introducing blockbuster films as evidence in a criminal prosecution. Defendants Akeem…more

Abuse of Discretion, Criminal Procedure, Criminal Prosecution, Evidence, Federal Rules of Evidence

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Data-Security Assessments? You’re Going to Want a Lawyer for That

These days, data breaches and cybersecurity attacks abound. With each news cycle, we’re confronted with stories about yet another big breach, at another big company, with the potential exposure of another big pool of…more

Attorney-Client Privilege, Confidential Information, Cybersecurity, Data Breach, Data Security

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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

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SEC Adopts Final Crowdfunding Rules under the JOBS Act

On October 30, 2015, the U.S. Securities and Exchange Commission (SEC) adopted final rules under Title III of the JOBS Act to enable U.S. companies to offer and sell securities through crowdfunding (Regulation Crowdfunding). …more

Crowdfunding, Funding Portal, Investors, JOBS Act, Offerings

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Supreme Court Reverses § 271(f)(1) Ruling in Biotech Case

In Life Technologies Corp. v. Promega, the Supreme Court reversed the Federal Circuit’s interpretation of 35 U.S.C. § 271(f)(1), and held that a single component does not constitute a “substantial portion of the components of a…more

Appeals, Component Parts Doctrine, Cross-Border Transactions, Judgment As A Matter Of Law, Life Technologies Corp v Promega Corp

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Commercial Division Grants Preliminary Injunction in Shareholder Dispute

On January 6, 2017, Justice Charles E. Ramos of the Commercial Division issued an order enjoining two corporations from taking action in violation of a shareholders agreement of a third company. The case, Ciment v. SpanTran,…more

Acquisitions, Irreparable Harm, Mergers, Minority Shareholders, Preliminary Injunctions

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Supreme Court in Salman Says: “This One Is Easy,” Reaffirming Dirks and Rejecting Newman

The United States Supreme Court (Alito, J.) issued a unanimous decision today affirming the Ninth Circuit’s decision in Salman v. United States, an insider trading case concerning tippee liability. The Court held that the…more

Corporate Executives, Criminal Convictions, Dirks v SEC, Insider Trading, Personal Benefit

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District Court Must Consider Significant Disparity Between Plea Offer and Ultimate Sentence When Assessing Ineffective Assistance Claims

In Reese v. United States, 16-516, the Second Circuit (Pooler, Wesley, Carney) vacated by summary order the order of the U.S. District Court for the Southern District of New York (Marrero, J.) denying Reese’s petition to vacate…more

Criminal Prosecution, Habeas Corpus, Ineffective Assistance of Counsel, Pleas

See all updates »

2016 Year-End Trusts & Estates Update

As 2016 comes to a close, we would like to share with you a number of recent developments affecting trust and estate planning that may be of interest: Final regulations restricting valuation discounts unlikely to be…more

Business Valuations, Capital Gains, Estate Planning, Estate Tax, Family Businesses

See all updates »

Lessons from LinkedIn: Privacy and Data Security Representations in the M&A Context

Microsoft’s blockbuster acquisition of LinkedIn earlier this month—a deal where concerns for privacy and data security loomed large—provides a glimpse into the growing trend of including separate privacy and data security…more

Contract Terms, Corporate Counsel, Due Diligence, FTC Act, LinkedIn

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Supreme Court Reverses § 271(f)(1) Ruling in Biotech Case

In Life Technologies Corp. v. Promega, the Supreme Court reversed the Federal Circuit’s interpretation of 35 U.S.C. § 271(f)(1), and held that a single component does not constitute a “substantial portion of the components of a…more

Appeals, Component Parts Doctrine, Cross-Border Transactions, Judgment As A Matter Of Law, Life Technologies Corp v Promega Corp

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“Show Me the Money”: EEOC Seeks Pay Data from Large Employers

On January 29, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced a proposal to begin collecting pay data from private employers with 100 or more employees and federal contractors. The EEOC currently…more

Data Collection, EEO-1, EEOC, Gender-Based Pay Discrimination, Reporting Requirements

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 »

Some Welcome Relief and Clarification on Affordable Care Act for Employers

As the federal agencies continue to issue more guidance on the application of various provisions of the Affordable Care Act (the “ACA”) to employer-sponsored health coverage, there are some recent developments that we want to…more

Affordable Care Act, Cadillac Tax, Deadlines, Employer Group Health Plans, Form 1094

See all updates »

New York Non-Profit Revitalization Act Reforms Governance Rules for Nonprofits

Signed into law in 2013, the New York Non-Profit Revitalization Act is designed to reform the statutory requirements for governance of nonprofit organizations (both not-for-profit corporations and wholly charitable trusts),…more

Audits, Charitable Organizations, Compensation & Benefits, Conflicts of Interest, Corporate Governance

See all updates »

FDA Issues Final Guidance Requiring Meaningless Suffixes for Biosimilar Names

Despite nearly universal opposition from both biosimilar makers and innovator companies, FDA has issued final guidance adopting its controversial August 2015 proposal for naming biologics. Under the guidance adopted by FDA, the…more

Biologics, Biosimilars, FDA, Final Guidance

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Help Is On the Way: Cybersecurity Bill Aims to Provide Assistance and Training

A recently introduced bipartisan bill seeks to provide state and local authorities with additional resources to assist in the fight against cybersecurity threats. Last month, Senators John Cornyn (R-Tex.), Patrick Leahy…more

Cyber Threats, Cybersecurity, Data Security, DHS, Popular

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Delayed Enforcement of New York Donor Disclosure Requirements for 501(c)(3) Organizations

A federal court development has delayed enforcement of the recently enacted New York State legislation (described in our prior blog post) requiring 501(c)(3) organizations to publicly disclose the identities of certain donors if…more

501(c)(3), 501(c)(4), Attorney Generals, Constitutional Challenges, Disclosure Requirements

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The DOJ’s New Policy of Prosecuting Individuals

On September 9, 2015, Deputy Attorney General Sally Yates of the United States Department of Justice (“DOJ” or the “Department”) issued a new policy memorandum (the “Yates Memo”) entitled “Individual Accountability for Corporate…more

Corporate Crimes, Corporate Investigations, Criminal Investigations, Criminal Prosecution, DOJ

See all updates »

2016 Year-End Trusts & Estates Update

As 2016 comes to a close, we would like to share with you a number of recent developments affecting trust and estate planning that may be of interest: Final regulations restricting valuation discounts unlikely to be…more

Business Valuations, Capital Gains, Estate Planning, Estate Tax, Family Businesses

See all updates »

Ohlhausen’s Appointment as Acting Chair of FTC Signals Potential Change in Antitrust Approach

President Donald Trump last week designated Maureen K. Ohlhausen as acting chair of the U.S. Federal Trade Commission (“FTC”). Ohlhausen is a vocal critic of government involvement in the market, suggesting the FTC under her…more

Administrative Appointments, Enforcement Actions, FCC, FTC, Hospital Mergers

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IRS Announces End Date for 403(b) Remedial Amendments

Many tax exempt employers sponsor Section 403(b) retirement plans to help their employees save money for retirement. A 403(b) plan offers the ability for an employee to make pre-tax contributions to the plan (similar to the way…more

403(b) Plans, Employee Benefits, IRS, Remedial Actions, Retirement Plan

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The Circuit Raises A Glass To A Broad Construction Of Law Enforcement’s Authority Under The Fourth Amendment

Yesterday the Second Circuit issued a decision in United States v. Diaz, No. 15-3776 (Walker, Sack, Chin). In an opinion by Judge Sack, the Court addressed two questions under the Fourth Amendment: when does a police officer…more

Arrest, Evidence, Fourth Amendment, Law Enforcement, Probable Cause

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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 »

Court Upholds Murder-for-Hire Conviction, Rejects Fourth Amendment Challenges

The murder-for-hire statute makes it a crime to agree to commit murder in exchange for “anything of pecuniary value.” 18 U.S.C. § 1958. The Second Circuit has understood this language to require that, at the time of the…more

Criminal Conspiracy, Criminal Prosecution, Drug Trafficking, Fourth Amendment, Mobile Devices

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 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

See all updates »

Second Circuit Reverses Conviction in Bond Market Misrepresentation Case, but Endorses Government Theory of Materiality

On December 8, 2015, the United States Court of Appeals for the Second Circuit reversed the conviction of Jesse C. Litvak, a securities broker and trader at Jefferies & Company. Litvak had been convicted of various counts of…more

Bonds, Convictions, Materiality, Misrepresentation, Reversal

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No Use Crying Over Settled Claims?: Second Circuit Affirms Approval of Dairy Farmers’ Settlement

This week, the Second Circuit affirmed the approval of a $50 million agreement settling price-fixing claims brought by a class of farmers against a dairy cooperative and a dairy marketing company. The settlement in Allen et al…more

Antitrust Violations, Appeals, Class Action, Coercion, Dairy Farmers

See all updates »

Law Passed Amending NPCL

Over the summer, we posted about Bill No. A. 10365B/S. 7913, containing amendments to the New York Not-for-Profit Corporation Law (the “NPCL”) and the New York Estates, Powers and Trusts Law (the “EPTL”) here. After…more

Estate Planning, Legislative Amendments, Non-Profits, Trusts, Wills

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Pay the Piper: Restitution Payment to Victims Does Not Offset Mandatory Forfeiture to Government

In United States v. Bodouva, 16-3937 (March 22, 2017) (Katzmann, C.J., Pooler and Lynch, J.), the Court held in a per curiam order that a defendant convicted of embezzlement must forfeit the full amount of her illicit gains to…more

Criminal Prosecution, Embezzlement, Forfeiture, Restitution, White Collar Crimes

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Choice-of-Law Rules Prevent Costco from Suing as Indirect Purchaser in California

In another development in the ongoing cathode ray tube (CRT) multidistrict litigation, Judge Tigar of the Northern District of California ruled that Costco could not recover any damages it sustained as an indirect purchaser of…more

Choice-of-Law, Costco, Damages, Electronics, Indirect Purchasers

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Action is Necessary: Designate Your Copyright Agent To Ensure Your DMCA Safe Harbor Protection Continues

Under the Digital Millennium Copyright Act (“DMCA”), an online service provider (“OSP”) – such as the owner of a website that allows users to post user content – may be eligible for a safe harbor from copyright infringement…more

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

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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, FDA, Financial Conduct Authority (FCA), FTC

See all updates »

The “Cannibal Cop” and Protection of Computerized Data

In an unusual criminal case, the Second Circuit Court of Appeals recently weighed in on an important question at the intersection of employment law and data security. The decision will likely have implications wherever questions…more

Computer Fraud and Abuse Act (CFAA), Data Security, Trade Secrets, Unauthorized Access, Web Scraping

See all updates »

Judge Forrest Provides Litigants Guidance on Applying Alice

On August 3, 2016, S.D.N.Y. District Judge Katherine B. Forrest denied Defendant Lowe’s Companies, Inc. (“Lowe’s”) motion to dismiss Iron Gate Security, Inc.’s (“Iron Gate”) patent infringement claim. Iron Gate alleged that…more

Abstract Ideas, CLS Bank v Alice Corp, Motion to Dismiss, Myriad-Mayo, Patent-Eligible Subject Matter

See all updates »

Expanding the Reach of Title VII: Seventh Circuit Recognizes Sexual Orientation as a Protected Class

In a shift from its earlier interpretations, the U.S. Court of Appeals for the Seventh Circuit overruled its prior precedent and held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 2017 U.S. App. LEXIS 5839…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

See all updates »

Expanding the Reach of Title VII: Seventh Circuit Recognizes Sexual Orientation as a Protected Class

In a shift from its earlier interpretations, the U.S. Court of Appeals for the Seventh Circuit overruled its prior precedent and held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 2017 U.S. App. LEXIS 5839…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

See all updates »

Claims Dismissed Against Successor Transfer Agent Where There Was No Showing Of A Duty Owed To The Investors

In Magna Equities II, LLC et al., v. Writ Media Group Inc., et al., No. 653808/2016, 2017 BL 115243 (N.Y. Sup. Ct March 30, 2017), Justice Peter Sherwood dismissed for lack of jurisdiction and failure to state a claim all claims…more

Common Stock, Conversion Requirements, Failure To State A Claim, Financial Services Industry, Investors

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 »

EOs and EOs: Exempt Organizations and Presidential Executive Orders

In the twelve days since his inauguration, President Donald Trump has issued a flurry of executive orders relating to, among other things, the proposed repeal of the Affordable Care Act, the construction of oil pipelines, the…more

501(c)(3), 501(c)(4), Charitable Organizations, Executive Orders, Lobbying

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 »

Long and Wyndham Road: The Federal Trade Commission Extends Section 5 Unfairness to Regulate Data Security

In a surprising development, Wyndham Worldwide Corporation settled a long running dispute last week with the Federal Trade Commission that arose from three data breaches Wyndham suffered between 2008-2010. After an investigation…more

Audits, Cybersecurity, Data Collection, Data Security, FTC

See all updates »

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