Patterson Belknap Webb & Tyler LLP

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 & Trade Regulation, Business Organizations, Criminal Law

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
| Civil Rights, Labor & Employment Law

Upping the Ante: Cybersecurity, the SEC and the Perils of Being Unprepared

The U.S. Securities and Exchange Commission is finally getting serious about cybersecurity – and for good reason. If the ever-growing business and headline risks aren’t enough to scare investment advisers and broker-dealers into…more
| Business Organizations, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Naming of Interchangeable and Biosimilar Biological Products Likely to Be Same

Earlier this fall, FDA issued a draft guidance proposing a middle-road approach to naming biosimilars. Unlike small-molecule drugs, where the branded and generic drug share the same nonproprietary name (also referred to as a…more
| Science, Computers, & Technology

FTC Asserts That Its Failure to Object to a “Reverse Payment” Settlement Should Not Be Interpreted as Approval

On November 17, 2015, the FTC submitted an amicus brief to the Third Circuit Court of Appeals in In re Effexor XR Antitrust Litigation, where the district court had dismissed the plaintiffs’ claims of antitrust violations based…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Cybersecurity & Nonprofits: A Matter of Time?

The ever increasing cyber-attacks and data breaches targeting the private sector and government agencies, and the increased focus on cybersecurity plans and preparedness, may seem like remote risks for nonprofit organizations. …more
| Consumer Protection, Privacy, Science, Computers, & Technology, Nonprofit Law

Amgen Uses Agreement to Litigate Patents Under the BPCIA to Rebuff Sham Litigation Claims

Last month, in a case under the Biologics Price Competition and Innovation Act of 2009 (BPCIA) involving Apotex’s proposed biosimilar of Amgen’s Neulasta (pegfilgrastim), Apotex accused Amgen of sham litigation for bringing a…more
| Intellectual Property, Science, Computers, & Technology

FTC Blasted in LabMD Data Security Case

In a long-running and highly contentious data security enforcement action against LabMD, a small medical testing laboratory, the Federal Trade Commission was handed a stunning defeat late Friday. In a 92-page ruling, Chief…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

Third Circuit Provides Clarity to “Inextricably Intertwined” Basis of Antitrust Injury in Partially Reinstating Claims Against ShopRite

On November 12, 2015, the Third Circuit Court of Appeals issued an opinion partially reversing the dismissal of the plaintiff’s claims in Hanover 3201 Realty, LLC v. Village Supermarkets, Inc., finding that plaintiff Hanover…more
| Antitrust & Trade Regulation, Civil Procedure, Constitutional Law, Real Estate - Commercial, Zoning, Planning & Land Use

Breaking News: $6 Million Cox Communications Cable Box Jury Verdict Overturned

As we previously reported (click here, here and here to read more), last month, a jury returned a $6.31 million verdict for a class plaintiff in a suit alleging that Cox Communications had illegally tied its premium cable…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Communications & Media Law

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
| Intellectual Property, Science, Computers, & Technology

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
| Business Organizations, Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

DOJ Files Lawsuit to Prevent United Airlines from Extracting a Higher Premium at Newark Airport

United Airlines has come under increased antitrust scrutiny during the latter half of 2015. As we previously reported the U.S. Department of Justice (“DOJ”) is investigating an alleged passenger-capacity conspiracy between…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, Transportation

Supreme Court Hears Oral Argument In Spokeo

Last Monday, the Supreme Court heard argument in Spokeo, Inc. v. Robins, one of this Term’s closest-watched cases, especially in the data-privacy field. While attempting to “read the tea leaves” from oral argument can be…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking, Privacy

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
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Communications & Media Law
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Areas of Practice
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