Patterson Belknap Webb & Tyler LLP

The NYC Commission on Human Rights Issues Sweeping Guidance Related to its Long-Standing Gender Discrimination Prohibition

On December 21, 2015, the New York City Commission on Human Rights (the “Commission”) issued enforcement guidance (the “Guidance”) regarding discrimination on the basis of gender identity or expression. The Guidance explains…more

Dress Codes, Gender Discrimination, Gender Identity, New Guidance, NYCCHR

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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

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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

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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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PATH Act 501(c)(4) Matters Update: Notification Requirement Postponed, Temporary Regulations and Additional Guidance to Follow

Since enactment of the PATH Act on December 18, 2015, exempt organizations have been waiting for IRS guidance on the new Section 501(c)(4) notification requirement and procedures for organizations seeking IRS determination of…more

501(c)(4), IRS, Notification Requirements, Protecting Americans from Tax Hikes (PATH) Act, Tax Exempt Entities

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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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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

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The FDA’s Draft Guidance on Cybersecurity for Networked Medical Devices

Yet another regulator has weighed in on cybersecurity issues, adding to an already complicated and daunting mosaic of regulatory enforcement actions and guidance. Last week, the U.S. Food and Drug Administration (“FDA”) posted…more

Cybersecurity, FDA, ISAOs, Medical Devices, Popular

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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

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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

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

Under 35 U.S.C. § 271(e), filing an Abbreviated Biologics License Application (aBLA)—like filing an Abbreviated New Drug Application (ANDA)— can be an act of patent infringement resulting in ‘artificial’ injury to a patentee. …more

aBLA, ANDA, Biologics, BPCIA, Consent

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FTC Appeals ALJ Ruling Dismissing Its Claims Against LabMD

The legal wrangling between the Federal Trade Commission and LabMD, Inc. over data security continues. On December 22, 2015, the FTC filed its appeal brief challenging Chief Administrative Law Judge (“ALJ”) D. Michael…more

Data Security, Enforcement Authority, FTC, FTCA, LabMD

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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

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FTC Rebukes Its Prior Robinson-Patman Rulings in Clorox Amicus Brief

Last week the Federal Trade Commission, in an amicus brief before the Seventh Circuit in Woodman’s Food Market, Inc. v. Clorox Co., rejected two decades-old FTC decisions applying Section 2(e) of the Robinson-Patman Act…more

Anticompetitive Behavior, Appeals, Bulk Purchasing, FTC, Promotional Items

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Disclosure Requirements Under the BPCIA

The Biologics Price Competition and Innovation Act (BPCIA) provides for a series of disclosures between a biosimilar applicant and the innovator company, commonly referred to as the “patent dance.” 42 U.S.C. §262(l). While the…more

ANDA, Biologics, BPCIA, Disclosure Requirements, Hatch-Waxman

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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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“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

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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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Obama Announces Commission on Enhancing National Cybersecurity

Yesterday, President Obama issued an Executive Order creating a Commission on Enhancing National Cybersecurity within the Department of Commerce. The commission “will make detailed recommendations to strengthen cybersecurity in…more

Cybersecurity, Executive Orders, Governance Standards, Risk Management, U.S. Commerce Department

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OCC’s Cybersecurity Regulatory Expectations: A Call to Action

Not surprisingly, cybersecurity remains a top examination priority for the Comptroller of the Currency (“OCC”). And that means national banks and federal savings associations – and their leadership teams – should be prepared…more

Banks, Cybersecurity, FFIEC, Financial Institutions, Interagency Guidance

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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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Mind the GAAP: Financial Reporting Impact of New Accounting Standards for Not-for-Profits

In April of this year, the Financial Accounting Standards Board (“FASB”) circulated a series of proposed changes to generally accepted accounting principles (“GAAP”) applicable to certain not-for-profits…more

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

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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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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 (FCA), FDA, FDCA, Fraud

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FTC Rebukes Its Prior Robinson-Patman Rulings in Clorox Amicus Brief

Last week the Federal Trade Commission, in an amicus brief before the Seventh Circuit in Woodman’s Food Market, Inc. v. Clorox Co., rejected two decades-old FTC decisions applying Section 2(e) of the Robinson-Patman Act…more

Anticompetitive Behavior, Appeals, Bulk Purchasing, FTC, Promotional Items

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U.S. Biosimilar Litigation So Far

The U.S. biosimilars statute, the Biologics Price Competition and Innovation Act (“BPCIA”), was enacted in 2010 as part of the Affordable Care Act. Nearly six years later, the number of reported decisions addressing the statute…more

Biologics, Biosimilars, BPCIA, FDA, Patent Dance

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“Interoperable” Healthcare Data Will Be a Tempting Target

At a panel during last week’s Consumer Electronics Show in Las Vegas, Edith Ramirez, chair of the Federal Trade Commission – America’s top privacy regulator – said she would not wear a Fitbit personal fitness tracker. “I don’t…more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), Edith Ramirez, Electronic Medical Records, Fitbit

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Enbrel Biosimilar in Europe and US

On November 19, 2015, the European Medicines Agency’s (EMA) Committee for Medicinal Products for Human Use (CHMP) gave a positive opinion, recommending marketing authorization of Benepali, the first biosimilar of Enbrel…more

Amgen, Biogen Idec, Biosimilars, DNA, EU

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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

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Publishers close the book on one e-books case; Supreme Court decides whether to reopen another

We will soon know whether the Supreme Court will grant Apple’s cert petition asking the Court to review and reverse its antitrust violation for conspiring with publishers to fix the prices of e-books. The Court will consider…more

Antitrust Violations, Apple, Corporate Counsel, e-Books, Publishers

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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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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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What Does the Yates Memo Mean for Antitrust Cases?

Just over two months ago, the United States Department of Justice made waves when a memorandum from Deputy Attorney General Sally Quillian Yates (the “Yates Memo”) announced an increased focus on individual accountability to…more

Antitrust Violations, Corporate Misconduct, Leniency Programs, Yates Memorandum

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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

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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 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

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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

See All Updates »

The FDA’s Draft Guidance on Cybersecurity for Networked Medical Devices

Yet another regulator has weighed in on cybersecurity issues, adding to an already complicated and daunting mosaic of regulatory enforcement actions and guidance. Last week, the U.S. Food and Drug Administration (“FDA”) posted…more

Cybersecurity, FDA, ISAOs, Medical Devices, Popular

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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

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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

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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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Publishers close the book on one e-books case; Supreme Court decides whether to reopen another

We will soon know whether the Supreme Court will grant Apple’s cert petition asking the Court to review and reverse its antitrust violation for conspiring with publishers to fix the prices of e-books. The Court will consider…more

Antitrust Violations, Apple, Corporate Counsel, e-Books, Publishers

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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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MLB Settles, Leaving Unanswered Questions: Do Sports Leagues’ Regional Blackout Agreements Violate Antitrust Laws?

In the wake of Major League Baseball’s settlement of antitrust claims on the eve of trial, the central question from the lawsuit remains: are sports leagues’ exclusive broadcasting territories for live games an antitrust…more

Antitrust Violations, Broadcasting, MLB, NFL, NHL

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Thanks But No Thanks: Proposed Charitable Gift Substantiation Regulations Receive a Critical Response

On September 18, the Department of the Treasury and Internal Revenue Service (the “IRS”) proposed regulations relating to the substantiation of charitable contributions made to Section 501(c)(3) organizations. If approved, the…more

501(c)(3), Charitable Donations, Comment Period, IRS, New Regulations

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Back-Door Access to Encrypted Communications: Weakening Security to Improve Security?

Last month’s terror attacks in Paris have re-ignited the long-standing debate between national security and privacy advocates over whether technology companies should be required to provide the government special access to…more

Data Security, Encryption, Law Enforcement, National Security, Surveillance

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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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New York State Takes an Ax to the Workplace Glass Ceiling: New Legislation to Advance the Rights of Women and Transgender Individuals in the Workplace

On October 21, Governor Cuomo signed into New York State law five bills aimed at eliminating discrimination against women in the workplace. These laws, which take effect on January 19, 2016, add new protected classifications and…more

Anti-Discrimination Policies, Equal Pay, Glass Ceiling, Pregnancy Discrimination, Reasonable Accommodation

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U.S. and European Officials Fail to Reach Agreement for New Data Transfer Deal

American and European officials failed to meet the January 31st deadline for a new agreement on the transfer of data between the United States and Europe, disappointing hopes that the two sides would broker a deal to replace the…more

CJEU, Data Protection, EU, International Data Transfers, Personal Data

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Schneiderman Seeks to Sack NFL’s Minimum Ticket Resale Prices

New York Attorney General Eric Schneiderman is reportedly investigating the National Football League for antitrust violations in connection with its imposition of “price floors” on tickets for resale. In a 40-page report…more

Antitrust Violations, Event Tickets, Football, NFL, Sports

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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

CFAA, Data Security, Trade Secrets, Unauthorized Access, Web Scraping

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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

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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

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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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Keeping it Together: Foundations, DAFs, and the Problem of Bifurcated Payments

The end of the year brings a flood of gifts and grants to public charities, as well as perennial questions about how the donor will benefit in return. As a general matter, individual donors may receive “benefits” in…more

Bifurcation, Charitable Donations, Donor-Advised Funds (DAFs), Donors, Excise Tax

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Obama Announces Commission on Enhancing National Cybersecurity

Yesterday, President Obama issued an Executive Order creating a Commission on Enhancing National Cybersecurity within the Department of Commerce. The commission “will make detailed recommendations to strengthen cybersecurity in…more

Cybersecurity, Executive Orders, Governance Standards, Risk Management, U.S. Commerce Department

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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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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

CFAA, Data Security, Trade Secrets, Unauthorized Access, Web Scraping

See All Updates »

Final WHO Biosimilar Naming Proposal Resembles FDA Approach

On January 26, 2016, the World Health Organization (WHO) unveiled the final version of its proposal for a worldwide biosimilar naming convention. The WHO proposes to add a “biologic qualifier” (BQ), which consists of four…more

Biologics, Biosimilars, FDA, Pharmaceutical Industry, Product Labels

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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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CISA Is Now Law—What It Means for Your Organization

After several fits and starts, Congress finally passed the Cyber Information Sharing Act of 2015 (CISA) as part of the omnibus budget bill. President Obama signed the bill into law on December 18, 2015. CISA allows—but…more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Security, Information Sharing, New Legislation

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MLB Settles, Leaving Unanswered Questions: Do Sports Leagues’ Regional Blackout Agreements Violate Antitrust Laws?

In the wake of Major League Baseball’s settlement of antitrust claims on the eve of trial, the central question from the lawsuit remains: are sports leagues’ exclusive broadcasting territories for live games an antitrust…more

Antitrust Violations, Broadcasting, MLB, NFL, NHL

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

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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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New York City Joins a Growing Chorus of Cities and States that Believe in Second Chances: What Does the New “Ban the Box” Legislation Mean for NYC Employers?

The New York City Fair Chance Act (the “Act”) went into effect on October 27. With the Act in place, New York City is one of a growing number of cities and states to implement so-called “ban the box” legislation, which…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employment Discrimination, Fair Chance Act

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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

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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 »

Schneiderman Seeks to Sack NFL’s Minimum Ticket Resale Prices

New York Attorney General Eric Schneiderman is reportedly investigating the National Football League for antitrust violations in connection with its imposition of “price floors” on tickets for resale. In a 40-page report…more

Antitrust Violations, Event Tickets, Football, NFL, Sports

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Entering the U.S. Without Entering Its Tax System: Holding Company Structures for U.S. Operations

Foreign companies entering the U.S. market for the first time will want to consider how their operations can be structured to minimize U.S. taxes. Although sales into the U.S. can be arranged in some cases to keep profits…more

Business Profits, Corporate Taxes, Foreign Corporations, Holding Companies, Internal Revenue Code (IRC)

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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

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Amgen Declines to Seek Cert in Amgen v. Sandoz

Amgen has decided not to seek Supreme Court review of the Federal Circuit’s Amgen v. Sandoz decision, as the January 14, 2016 deadline to file has now passed without Amgen petitioning for certiorari. Amgen v. Sandoz is the…more

Amgen, Biosimilars, BPCIA, FDA Approval, Notice Requirements

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U.S. and European Officials Fail to Reach Agreement for New Data Transfer Deal

American and European officials failed to meet the January 31st deadline for a new agreement on the transfer of data between the United States and Europe, disappointing hopes that the two sides would broker a deal to replace the…more

CJEU, Data Protection, EU, International Data Transfers, Personal Data

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Litigation Watch: Can a Third-Party Vendor Be Left Holding the Bag After a Breach?

Many organizations, particularly those outside of the technology sector, rely heavily on third-parties—including cyber security specialists, lawyers, and public relations firms—to help pick up the pieces after a data breach. …more

Data Breach, Negligence, Third-Party Liability, Third-Party Service Provider

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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

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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

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Target Settles With Credit Card Issuers

Today, Target and a class of banks that issued credit cards that were compromised in the Target data breach announced they have reached a $39.4 million settlement. Up to $20,250,000 of the settlement will go to a Settlement…more

Banks, Class Action, Credit Cards, Data Breach, Settlement

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Jury Returns Verdict in Cable Box Antitrust Suit in Favor of Cox Subscribers

We reported earlier today that the jury began deliberations this past Monday in the antitrust class action lawsuit against Cox Communications brought by its premium services subscribers…more

Cable Television Providers, Class Action, Cox Communications, Damages, Illegal Tying Arranegements

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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 »

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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“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

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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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The Privilege of PR: Application of the Attorney-Client Privilege to Crisis Communications and Public Relations in Breach Response Planning

Cyber-attacks have become a matter of everyday reality for all businesses: regardless of industry or size, it is no longer if a data breach will happen, but when. And waiting for a breach to occur before designing and…more

Attorney-Client Privilege, Crisis Management, Cyber Attacks, Data Breach Plans, Popular

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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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The US Biosimilars Pathway: Key Questions

In 2015, FDA issued a number of final guidance documents for biosimilars. But many fundamental questions remain unsettled and the industry awaits FDA’s guidance on labeling of biosimilars, the requirements for…more

AbbVie, Biologics, Biologics Price Competition and Innovation Act of 2009, Biosimilars, BPCIA

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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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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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Keeping it Together: Foundations, DAFs, and the Problem of Bifurcated Payments

The end of the year brings a flood of gifts and grants to public charities, as well as perennial questions about how the donor will benefit in return. As a general matter, individual donors may receive “benefits” in…more

Bifurcation, Charitable Donations, Donor-Advised Funds (DAFs), Donors, Excise Tax

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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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“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

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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

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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

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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

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The US Biosimilars Pathway: Key Questions

In 2015, FDA issued a number of final guidance documents for biosimilars. But many fundamental questions remain unsettled and the industry awaits FDA’s guidance on labeling of biosimilars, the requirements for…more

AbbVie, Biologics, Biologics Price Competition and Innovation Act of 2009, Biosimilars, BPCIA

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PATH Act 501(c)(4) Matters Update: Notification Requirement Postponed, Temporary Regulations and Additional Guidance to Follow

Since enactment of the PATH Act on December 18, 2015, exempt organizations have been waiting for IRS guidance on the new Section 501(c)(4) notification requirement and procedures for organizations seeking IRS determination of…more

501(c)(4), IRS, Notification Requirements, Protecting Americans from Tax Hikes (PATH) Act, Tax Exempt Entities

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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

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Polar Air Cargo Settles Antitrust Claims for $100 Million

A settlement agreement last week in the long-running U.S. Cargo Antitrust Class Action brought the settlement fund in that case to over $1.1 billion. Polar Air Cargo, Polar Air Cargo Worldwide, and Atlas Air Worldwide…more

Air Cargo, Antitrust Litigation, Civil Conspiracy, Class Action, Price-Fixing

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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

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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

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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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Fifth Circuit Considers Independent Conduct in Vertical Agreements to Facilitate Horizontal Conspiracy

On November 25, 2015, the Court of Appeals for the Fifth Circuit affirmed the $156 million antitrust judgment in MM Steel, L.P. v. JSW Steel (USA) Incorporated; Nucor Corporation, upholding a jury verdict that found one…more

Antitrust Conspiracies, Antitrust Violations, Appeals, Corporate Counsel, Distributors

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Bill Passed to Amend the New York Not-for-Profit Corporation Law

On December 11, 2015 Governor Andrew M. Cuomo signed into a law a bill amending New York’s Not-for-Profit Corporation Law (the “NPCL”), Estates Powers and Trusts Law (the “EPTL”) and Religious Corporations Law (the “RCL”)…more

Amended Legislation, Attorney Generals, Board of Directors, Charitable Trusts, Corporate Governance

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MLB Pitches Around Consumers by Settling Suit, Avoiding Further Litigation on the Scope of Its Longstanding Antitrust Exemption

We’ve previously written about litigation involving the scope of Major League Baseball’s long-standing antitrust exemption. Earlier this week, on the eve of trial, MLB settled Garber v. Office of the Commissioner of Baseball, a…more

Antitrust Immunity, Class Action, MLB, Sherman Act, Television Broadcast Stations

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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

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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

CFAA, Data Security, Trade Secrets, Unauthorized Access, Web Scraping

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PTAB Declares Interference for Groundbreaking Gene-Editing Technology

Earlier this week, the Patent Trial and Appeal Board (PTAB) set the stage for what is expected to be an epic battle over who owns the intellectual property rights to “the biggest biotech discovery of the century.” On January…more

America Invents Act, Biotechnology, First-to-Invent, Interference Proceeding, Patent Litigation

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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

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New York City Joins a Growing Chorus of Cities and States that Believe in Second Chances: What Does the New “Ban the Box” Legislation Mean for NYC Employers?

The New York City Fair Chance Act (the “Act”) went into effect on October 27. With the Act in place, New York City is one of a growing number of cities and states to implement so-called “ban the box” legislation, which…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employment Discrimination, Fair Chance Act

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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 »

Keeping it Together: Foundations, DAFs, and the Problem of Bifurcated Payments

The end of the year brings a flood of gifts and grants to public charities, as well as perennial questions about how the donor will benefit in return. As a general matter, individual donors may receive “benefits” in…more

Bifurcation, Charitable Donations, Donor-Advised Funds (DAFs), Donors, Excise Tax

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

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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

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Contact

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

  • 212-336-2995
  • 212-336-2222

Areas of Practice
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100+ Attorneys

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