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
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Finance & Banking
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  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
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  • Privacy
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  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • New York
Number of Attorneys
100+ Attorneys

Federal Tax Reform May Affect Estate Planning

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

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

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Federal Tax Reform May Affect Estate Planning

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

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

See all updates »

Court Rejects Habeas Claim That Admission of DNA Evidence Violated Petitioner’s Confrontation Right

On Tuesday in Washington v. Griffin, 15-3831-pr (Katzmann, Kearse, Livingston), the Second Circuit affirmed the denial of a petition for a writ of habeas corpus on a Confrontation Clause challenge. At issue was whether it was…more

Confrontation Clause, Criminal Prosecution, Cross Examination, DNA, Evidence

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Judge Netburn Holds That a Motion for Reconsideration is Not a Vehicle for Taking a “Second Bite at the Apple”

On November 29, 2017, United States Magistrate Judge Sarah Netburn (S.D.N.Y.) denied plaintiff Seoul Viosys Co., Ltd.'s ("Seoul Viosys") motion for reconsideration of the Court's claim construction ruling…more

Claim Construction, Motion for Reconsideration, Patent Infringement, Patent Litigation, Patents

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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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House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

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Facebook Warrant Case: Stark Debate and a Divided Court

We previously posted about a case before the New York Court of Appeals that concerned whether Facebook has the legal standing to challenge search warrants seeking its users’ data. In April, the court sided with the Manhattan…more

Article III, Criminal Investigations, Evidence, Facebook, Fraud

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Commercial Division Considers Default Clawback Provisions for Confidentiality Stipulations

The advent of large electronic productions has propelled a proposal to adopt new language in the standard confidentiality order used in the Commercial Division. This proposal is designed to protect parties against inadvertent…more

Adjudicatory Process, Attorney-Client Privilege, Clawbacks, Commercial Court, Confidentiality Agreements

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The Klansman and His Death Ray: Second Circuit Affirms Conviction and Sentence in Bizarre Domestic Terrorism Plot

In United States v. Crawford, 16-4261-cr (Kearse, Cabranes, Wesley), the Second Circuit affirmed via summary order the terrorism-related conviction and sentence of a Klansman in upstate New York. This case represented the first…more

Barack Obama, Criminal Investigations, Criminal Prosecution, Entrapment, Indictments

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The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for both…more

Civil Liability, Computer Fraud and Abuse Act (CFAA), Confidential Information, Criminal Liability, Electronically Stored Information

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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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Federal Tax Reform May Affect Estate Planning

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

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

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

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

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

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

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Circuit Reverses Conviction & Dismisses Indictment in Case Where Defendant Waited Seven Years for Trial

In United States v. Tigano, No. 15-3073 (Winter, Walker, Pooler), the Second Circuit issued a short order reversing the conviction of Joseph Tigano, III and dismissing the indictment with prejudice.  The Court noted that a full…more

Criminal Convictions, Dismissal With Prejudice, Indictments, Marijuana Cultivation

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House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

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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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Second Circuit Finds Death Extinguishes Trial Convictions and Related Restitution Order – But Tax Offenses and Bail Forfeiture Survive

In 2010, a federal jury in the Eastern District of New York convicted body-armor tycoon David H. Brooks of multiple counts of conspiracy, insider trading, fraud, and obstruction of justice for his role in a $200 million scheme…more

Abatement, Appeals, Bail Bond Forfeiture Proceedings, Criminal Conspiracy, Criminal Convictions

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Additional Hurricane Relief for Retirement Plan Participants Makes Landfall

On September 29, 2017, the Disaster Tax Relief and Airport and Airway Extension Act of 2017 (the “Act”)1 was signed into law to provide aid to victims who are recovering from the recent hurricanes in August and September…more

401k, 403(b) Plans, Distribution Rules, Employee Benefits, Hardship Distributions

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Eighth Circuit Applies Continuing Violation Doctrine to Extend Statute of Limitations for Sherman Act Claims

Recently in In re Pre-Filled Propane Tank Antitrust Litigation, an en banc panel of the Eighth Circuit clarified the application of the continuing violation exception to the statute of limitations for claims under the Sherman…more

Antitrust Litigation, Antitrust Provisions, Propane, Sherman Act, Statute of Limitations

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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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A (Temporary?) Reprieve: Employers No Longer Required to Submit Pay Data to the EEOC

On Tuesday, August 29, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announcedthat the Office of Management and Budget (OMB) would stay the new EEO- 1 pay reporting requirements that had been scheduled to take…more

Data Collection, EEO-1, EEOC, Employment Discrimination, Equal Pay

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Following Biosimilar Trial, Jury Awards Amgen $70 Million for Pfizer’s Pre-Approval Infringement of Now-Expired EPO Patent

In one of the first Biologics Price Competition and Innovation Act (BPCIA) litigations to reach trial, a jury on Friday awarded Amgen $70 million in damages for Pfizer’s infringement of one of Amgen’s expired patents protecting…more

35 U.S.C. § 271(e)(1), Amgen, Biologics, Biologics Price Competition and Innovation Act of 2009, Biosimilars

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

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

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

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User’s Guide to Recent Revisions in the Commercial Division Rules

Since its formation in 1995, the Commercial Division has seen an increase in the number and complexity of cases being filed. In response to this change, New York’s then Chief Judge created a Task Force on Commercial Litigation…more

Business Litigation, Commercial Court, Expert Testimony, Forum Selection, Trials

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Payment or Pillory: More Fallout from Uber’s Data Breach

With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft and…more

Breach of Contract, Class Action, Computer Fraud and Abuse Act (CFAA), Consumer Fraud, Cyber Attacks

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Are Restaurant No-Tipping Policies the Product of an Antitrust Conspiracy?

In July of 2013, Danny Meyer, the CEO of the Union Square Hospitality Group, tweeted that he was considering eliminating tipping at his restaurants and solicited the opinion of other restaurant owners. Meyer and others…more

Antitrust Provisions, Conspiracies, Hospitality Industry, Price-Fixing, Restaurant Industry

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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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Proposed Tax Reform Bill Impacts Philanthropy and Tax-Exempt Organizations

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Bill”). At over four hundred pages, the Bill promises substantial changes to the Internal…more

Adjusted Gross Income, Charitable Deductions, Charitable Donations, Charitable Organizations, Churches

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Litigation Funders’ Collateral Did Not Include Malpractice Claims

When the fallout from failed intellectual-property litigation collides with bankruptcy, the complexities may be dizzying enough, but when the emerging practices and imperatives of litigation financing are imposed on those…more

Attorney Malpractice, Attorney's Fees, Chapter 11, Chapter 7, Collateral

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The First and Second Departments Split on What is Considered “Documentary Evidence” on a Motion to Dismiss Under CPLR 3211(a)(1)

CPLR 3211(a)(1) allows a defendant to “move for judgment dismissing one or more causes of action asserted against him on the ground that . . . a defense is founded upon documentary evidence.” The CPLR does not define the phrase…more

Appeals, Commercial Court, Contract Terms, CPLR, Electronic Communications

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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 Derivative Lawsuit After Board Rejects Shareholder Demand

The decision to bring a lawsuit on behalf of a corporation is entrusted to the corporation’s board of directors. A shareholder may not maintain a derivative lawsuit on behalf of a corporation without first making a demand on the…more

Board of Directors, Breach of Duty, Bristol-Myers Squibb, Commercial Court, Corruption

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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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Federal Circuit Affirms Apotex Bench Trial Win in Neulasta Biosimilar Suit

On November 13, The Federal Circuit issued a decision affirming a district court judgment that Apotex did not infringe Amgen’s recombinant protein patent in its abbreviated Biologics License Applications referencing Amgen’s…more

Amgen, Apotex, Biologics Price Competition and Innovation Act of 2009, Biosimilars, Expert Testimony

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Federal Circuit Affirms Apotex Bench Trial Win in Neulasta Biosimilar Suit

On November 13, The Federal Circuit issued a decision affirming a district court judgment that Apotex did not infringe Amgen’s recombinant protein patent in its abbreviated Biologics License Applications referencing Amgen’s…more

Amgen, Apotex, Biologics Price Competition and Innovation Act of 2009, Biosimilars, Expert Testimony

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Federal Tax Reform May Affect Estate Planning

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

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

See all updates »

Radius Restrictions – New York AG Cracks Down on Outlet Mall Operator

Outlet malls are popular destinations for consumers seeking a bargain, even if not everyone agrees that the deals are as good as advertised. But although the prices may seem low, a common provision in lease agreements between…more

Antitrust Violations, Competition, Contract Terms, Monopolization, Retail Market

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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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Federal Tax Reform May Affect Estate Planning

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

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

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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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All-or-Nothing Damages Strategy Leaves Promega with Nothing

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

Biologics, Calculation of Damages, Intellectual Property Protection, Life Technologies Corp v Promega Corp, Patent Infringement

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Antitrust Division to International Community: “Imperative that Competition Agencies Work Together”

For several years, the Antitrust Division’s investigations have been increasingly global in scope. Acting Assistant Attorney General Andrew Finch made clear that trend will continue in remarks at a conference on International…more

Antitrust Division, Antitrust Violations, Cartels, Enforcement Actions, FTC

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Additional Hurricane Relief for Retirement Plan Participants Makes Landfall

On September 29, 2017, the Disaster Tax Relief and Airport and Airway Extension Act of 2017 (the “Act”)1 was signed into law to provide aid to victims who are recovering from the recent hurricanes in August and September…more

401k, 403(b) Plans, Distribution Rules, Employee Benefits, Hardship Distributions

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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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House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

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Forum Selection Clause in an Unsigned Pre-Petition Engagement Letter is Binding on Chapter 11 Trustee.

Every lawyer knows that it is important to enter into a signed engagement letter with a client before commencing legal representation. But, as one law firm recently discovered, even an unsigned engagement letter is better than…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Engagement Letters

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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 »

Federal Tax Reform May Affect Estate Planning

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

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

See all updates »

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

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

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

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Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law…more

Anti-Competitive, Apple, Cartwright Act, Cell Phones, Damages

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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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Sabre Appeals to the Second Circuit After $15M Jury Verdict for US Airways

Last week, Sabre filed its principal brief on appeal to the Second Circuit Court of Appeals, seeking to overturn the jury’s verdict of $15 million and find for Sabre or, in the alternative, grant a new trial in US Airways Inc…more

Airlines, Anti-Competitive, Aviation Industry, US Airways

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House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

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Leaving the Contractual Term “Voting Power” Undefined Could Be Risky Business

What does the contractual term “voting power” mean? Does it refer only to the power to elect corporate directors, or does it refer to the power to vote on any fundamental matter of corporate governance? Is voting power an…more

Business Litigation, Commercial Court, Contract Terms, Corporate Sales Transactions, Purchase Agreement

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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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Circuit Amends Decision Affirming Sentence Two Panel Members Deemed “Absurd,” Remands for Resentencing

On October 5, 2017 the Circuit published an amended opinion in United States v. Jones, No. 15-1518 (Walker, Calabresi, Hall), which supplanted a decision issued on September 11 that we covered in an earlier blog post. The…more

Criminal Prosecution, Federal Sentencing Guidelines, Motion for Reconsideration, Sentencing

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In Preference Suit, Seventh Circuit Holds That Debtor’s Assignment of Contractual Rights Does Not Negate Creditor’s New Value Defense

In Levin v. Verizon Bus. Global, LLC (In re OneStar Long Distance, Inc.), 2017 U.S. App. LEXIS 18374 (7th Cir. Sept. 22, 2017), the Seventh Circuit recently addressed a situation where a debtor sought to reduce a creditor’s new…more

Bankruptcy Court, Chapter 7, Creditors, Debtors, New Value Plans

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Senators and court complain of ‘anti-competitive’ transfer of patent rights to American Indian tribe

We have previously discussed antitrust implications of pharmaceutical companies’ efforts to maximize patent protection for their drugs. Consumers and generic drug makers, for instance, have alleged antitrust violations based on…more

Allergan Inc, Anti-Competitive, Antitrust Provisions, Competition, Intellectual Property Protection

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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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House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

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IRS Issues Request for Comments Regarding the Regulation of Donor Advised Funds

The Internal Revenue Service (the “IRS”) has issued Notice 2017-73 (the “Notice”) which outlines approaches the Department of the Treasury (“Treasury”) and the IRS are considering with respect to the regulation of certain issues…more

501(c)(3), Charitable Donations, Charitable Organizations, Compensation & Benefits, Distribution Rules

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LA City Attorney Jumps Into Uber Fray

A complaint filed Monday by Los Angeles City Attorney Mike Feuer accuses Uber Technologies Inc. of violating California law by concealing “for an entire year” a data breach that exposed the names and license numbers of 600,000…more

Consumer Fraud, Cyber Attacks, Data Breach, Hackers, Pending Litigation

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

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

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

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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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Commercial Division Dismisses Derivative Lawsuit After Board Rejects Shareholder Demand

The decision to bring a lawsuit on behalf of a corporation is entrusted to the corporation’s board of directors. A shareholder may not maintain a derivative lawsuit on behalf of a corporation without first making a demand on the…more

Board of Directors, Breach of Duty, Bristol-Myers Squibb, Commercial Court, Corruption

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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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Part III: Stakeholder Comments on FDA’s Interchangeability Guidance for Biosimilars

This post, Part III, of a three-part series on FDA’s interchangeability draft guidance highlights a number of open issues that stakeholders have identified in their comments to FDA…more

Biologics, Biosimilars, BPCIA, Draft Guidance, FDA

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When Does “On” Mean “On”? Judge Netburn Holds That It Depends.

On September 11, 2017, Magistrate Judge Sarah Netburn (S.D.N.Y.) issued a claim construction ruling on, among other things, the construction of the word “on” across four different patents directed to semiconductor lasers. In…more

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

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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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Court Rejects DOJ’s Depiction of Google as “Willful and Contemptuous” Tactics in Ongoing Battle over SCA Search Warrant

A federal judge in California has agreed to hold Google in contempt for not following his order to turn over data stored overseas. The order is largely symbolic, however, since a contempt order is required for Google to appeal…more

Criminal Investigations, DOJ, Electronic Data Transmissions, Electronically Stored Information, Email

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Senators and court complain of ‘anti-competitive’ transfer of patent rights to American Indian tribe

We have previously discussed antitrust implications of pharmaceutical companies’ efforts to maximize patent protection for their drugs. Consumers and generic drug makers, for instance, have alleged antitrust violations based on…more

Allergan Inc, Anti-Competitive, Antitrust Provisions, Competition, Intellectual Property Protection

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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

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Solicitor General recommends US Supreme Court review in dischargeability case

On November 9, responding to a request from the U.S. Supreme Court, the Solicitor General filed a brief at the Court recommending that the petition for writ of certiorari in Lamar, Archer & Cofrin, LLP v. Appling, No. 16-11911,…more

Bankruptcy Code, Creditors, Debtors, Financial Statements, Nondischargeable Debts

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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

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Federal Tax Reform May Affect Estate Planning

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

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

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Government Warns of Threat Activity Targeting Critical Infrastructure through Third-Party Access

A cloak of secrecy usually covers covert government activities when it comes to the latest cyber threats and intelligence. But in a rare public statement, the U.S. government has warned that hackers are targeting government…more

Aviation Industry, Critical Infrastructure Sectors, Cyber Threats, Energy Sector, Hackers

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Skelos Vacated: For The Second Time This Year, Conviction Of Leading New York State Legislator Is Undone Due To McDonnell

The Second Circuit (Winter, Raggi, Hellerstein by designation)yesterday, vacated by summary order the convictions of former New York State Senate Majority Leader Dean Skelos and his son Adam Skelos. Dean and Adam Skelos were…more

Bribery, Criminal Convictions, Criminal Prosecution, Honest Services Fraud, McDonnell v US

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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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House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

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Amgen and Genentech Break New Ground in Avastin Biosimilar Dispute

Amgen and Genentech have become embroiled in a novel procedural dispute relating to Mvasi, Amgen’s biosimilar of Genentech’s Avastin (bevacizumab). On October 6, in a complaint filed in the Central District of California, Amgen…more

Amgen, Biosimilars, BPCIA, Declaratory Judgments, Genentech

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Federal Agent’s Misrepresentation in LG Search Warrant Affidavit Insufficient to Clear Qualified Immunity Hurdle

In Ganek v. Leibowitz, No. 16-1463 (2d Cir. Oct. 17, 2017) (Raggi, Chin, Carney), the Second Circuit reversed and remanded a district court’s determination that federal law enforcement authorities were not entitled to qualified…more

Criminal Investigations, FBI, Fifth Amendment, Financial Markets, Fourth Amendment

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Judge Sweet Holds that Standing Question Cannot Be Resolved Until Trial

On September 14, 2017, District Judge Robert W. Sweet (S.D.N.Y.) denied the motion of Ferring B.V., et al. (“Ferring”) to dismiss for lack of standing a patent infringement suit brought by Allergan, Inc., et al. (“Allergan”)…more

Contract Terms, Inventors, IP Assignment Agreements, Motion to Dismiss, 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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LA City Attorney Jumps Into Uber Fray

A complaint filed Monday by Los Angeles City Attorney Mike Feuer accuses Uber Technologies Inc. of violating California law by concealing “for an entire year” a data breach that exposed the names and license numbers of 600,000…more

Consumer Fraud, Cyber Attacks, Data Breach, Hackers, Pending Litigation

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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

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Additional Hurricane Relief for Retirement Plan Participants Makes Landfall

On September 29, 2017, the Disaster Tax Relief and Airport and Airway Extension Act of 2017 (the “Act”)1 was signed into law to provide aid to victims who are recovering from the recent hurricanes in August and September…more

401k, 403(b) Plans, Distribution Rules, Employee Benefits, Hardship Distributions

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Where The Full Record Indicates a Plea is Voluntary, Rule 11 Omissions Will Not Lead to Vacatur

In United States v. Pattee, 14-32163-cr (April 21, 2016) (GC, GEL, RJL), the Court affirmed a judgment of conviction and sentence entered in the United States District Court for the Western District of New York (Frank P. Geraci,…more

Child Pornography, Criminal Convictions, Federal Rules of Criminal Procedure, Guilty Pleas, Indictments

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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

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California Court Weighs in on the FTC’s Data Security Enforcement Authority

This week, a District Court in Northern California weighed in on the U.S. Federal Trade Commission’s (FTC) authority to protect consumers from “unfair” and “deceptive” data security practices. The decision, which granted in…more

Cybersecurity, Data Protection, Data Security, Enforcement Authority, FTC

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Federal Tax Reform May Affect Estate Planning

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

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

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House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

See all updates »

A (Temporary?) Reprieve: Employers No Longer Required to Submit Pay Data to the EEOC

On Tuesday, August 29, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announcedthat the Office of Management and Budget (OMB) would stay the new EEO- 1 pay reporting requirements that had been scheduled to take…more

Data Collection, EEO-1, EEOC, Employment Discrimination, Equal Pay

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Judge Netburn Holds That a Motion for Reconsideration is Not a Vehicle for Taking a “Second Bite at the Apple”

On November 29, 2017, United States Magistrate Judge Sarah Netburn (S.D.N.Y.) denied plaintiff Seoul Viosys Co., Ltd.'s ("Seoul Viosys") motion for reconsideration of the Court's claim construction ruling…more

Claim Construction, Motion for Reconsideration, Patent Infringement, Patent Litigation, Patents

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Preliminary Hurdle for Cayman Derivative Claims Does Not Bar Suit in New York

A shareholder bringing a contested derivative claim in the Cayman Islands must seek leave from the court before proceeding. This litigation prerequisite -- imposed by Rule 12A of the Rules of the Grand Court of the Cayman…more

Appeals, Article III, Cayman Islands, Commercial Court, Derivative Suit

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When Can an Outside Attorney Serve as a Special Litigation Committee in an LLC Derivative Suit? When the Parties’ Contract Says So, Says First Department

In a decision handed down on August 15, 2017 by the New York Appellate Division First Department, the court endorsed the practice of the appointment of a Special Litigation Committee (SLC) by a limited liability company (LLC)…more

Corporate Governance, Derivative Suit, Limited Liability Company (LLC), Operating Agreements

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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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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

Automotive Industry, Connected Cars, Cybersecurity, Data Privacy, Driverless Cars

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Second Circuit Remands for Resentencing to Consider Role Reduction under Amendment 794

On September 11, 2017, the Second Circuit (Parker, Carney, Stanceu) reversed by summary order the sentence of the defendant in United States v. Soborski (16-cr-3369). The panel remanded the case to the U.S. District Court for…more

Criminal Prosecution, Drug Trafficking, Federal Sentencing Guidelines, Remand

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Circuit Remands Restitution Order for Further Consideration of Indigent Defendant’s Right to Counsel and Application for Expert Services

In United States v. Torriero, the Second Circuit (Chin, Droney, Restani by designation) vacated by summary order a $765,561 restitution order relating to costs incurred by the EPA in cleaning up a property that the defendant had…more

Contaminated Properties, Criminal Justice Act, Environmental Violations, EPA, Landfills

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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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Amgen Files Infringement Suit Against Mylan Over Neulasta Biosimilar

Amgen has filed patent infringement claims against Mylan and its subsidiaries over Mylan’s proposed biosimilar version of Neulasta (pegfilgrastim). Neulasta, a long-acting version of Amgen’s Neupogen (filgrastim), is a…more

Amgen, BPCIA, Mylan Pharmaceuticals, Patent Infringement, Patents

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Commercial Division Partially Vacates ICC Arbitration Award in Artificial Sweetener Dispute

Justice Charles Ramos of the New York Commercial Division partially vacated an International Chamber of Commerce (“ICC”) arbitration award in a major legal battle between artificial sweetener giants NutraSweet and Daesang. …more

Antitrust Provisions, Arbitration, Arbitration Awards, Asset Purchase Agreements, Confidentiality Agreements

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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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Court Rejects Habeas Claim That Admission of DNA Evidence Violated Petitioner’s Confrontation Right

On Tuesday in Washington v. Griffin, 15-3831-pr (Katzmann, Kearse, Livingston), the Second Circuit affirmed the denial of a petition for a writ of habeas corpus on a Confrontation Clause challenge. At issue was whether it was…more

Confrontation Clause, Criminal Prosecution, Cross Examination, DNA, Evidence

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House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

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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All-or-Nothing Damages Strategy Leaves Promega with Nothing

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

Biologics, Calculation of Damages, Intellectual Property Protection, Life Technologies Corp v Promega Corp, Patent Infringement

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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 »

House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

See all updates »

First U.S. Avastin and Herceptin Biosimilars

On Thursday, July 13, 2017, FDA’s Oncological Drugs Advisory Committee (ODAC) unanimously recommended approval of biosimilars of two blockbuster cancer drugs. The first, Amgen and Allergan’s ABP-215, is a proposed biosimilar of…more

Allergan Inc, Amgen, Biologics, Biosimilars, Extrapolation

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Part Two: In-Depth Look at New York’s New Data Security Bill

Second in a two-part series. Last week, in the first part of this series, we examined several key aspects of New York’s proposed data security law, Stop Hacks and Improve Data Security Act or SHIELD Act. In our second and…more

Data Protection, Data Security, Gramm-Leach-Blilely Act, HIPAA, Legislative Agendas

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Judge Matsumoto Cuts Plaintiff a Little “Slack” in Claim Construction Ruling

On November 20, 2017, United States District Court Judge Kiyo A. Matsumoto issued a claim construction ruling in a suit between two fitness-related companies: Speedfit LLC (“Speedfit”) and Woodway USA, Inc. (“Woodway”)…more

Claim Construction, Patent Infringement, Patent Litigation, Patents

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House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

See all updates »

Judge Sweet Allows a Plaintiff to Amend Its Complaint More Than 2 Years After It Was Originally Filedtheat

On October 26, 2017, District Judge Robert W. Sweet (S.D.N.Y.) granted plaintiff Olaf Soot Design, LLC (“OSD”) leave to amend its June 25, 2015 Complaint against Daktronics, Inc. and Daktronics Hoist, Inc. (collectively,…more

Amended Complaints, Claim Construction, Intellectual Property Protection, Patent Infringement, Patent Litigation

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Second Circuit Affirms Parole Conditions Imposed On Notorious Spy

In a summary order issued on May 24, 2017, Pollard v. United States, 16-2918 (Raggi, Carney, and Kaplan by designation), the Circuit affirmed the decision of the United States District Court for the Southern District of New York…more

Appeals, Espionage, Espionage Act, Habeas Corpus, Parole

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Federal Tax Reform May Affect Estate Planning

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

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

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Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law…more

Anti-Competitive, Apple, Cartwright Act, Cell Phones, Damages

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Proposed Tax Reform Bill Impacts Philanthropy and Tax-Exempt Organizations

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Bill”). At over four hundred pages, the Bill promises substantial changes to the Internal…more

Adjusted Gross Income, Charitable Deductions, Charitable Donations, Charitable Organizations, Churches

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Of Dead Sea Scrolls and Criminal Impersonation

Golb v. Attorney General, No. 16-0452-pr (Jacobs, Leval, Raggi), arises out of unusual facts—forged emails by a proponent of one side of an academic dispute—and reaches an unusual result. On habeas review, the Second Circuit…more

Antiterrorism and Effective Death Penalty Act (AEDPA), Email, First Amendment, Forgery, Habeas Corpus

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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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Court Declines to Revisit Reversal of LIBOR Convictions

The Second Circuit has denied the government’s request for rehearing en banc in United States v. Allen, et al. (16-cr-98). In July, a panel of the Court (Cabranes, Pooler, Lynch) vacated the convictions of Anthony Allen and…more

Criminal Conspiracy, Criminal Convictions, En Banc Review, Fifth Amendment, Libor

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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 »

New Rules on Section 83(b) Elections

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

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

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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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Antitrust Division to International Community: “Imperative that Competition Agencies Work Together”

For several years, the Antitrust Division’s investigations have been increasingly global in scope. Acting Assistant Attorney General Andrew Finch made clear that trend will continue in remarks at a conference on International…more

Antitrust Division, Antitrust Violations, Cartels, Enforcement Actions, FTC

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House Passes Tax Bill; Senate Proposal on Track for Vote

On November 2, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) introduced H.R. 1, the “Tax Cuts and Jobs Act” (the “Initial House Bill”). Our previous alert discussed the possible impact of certain provisions of…more

501(c)(3), Educational Institutions, Excise Tax, Executive Compensation, Income Taxes

See all updates »

Above-Guidelines Sentences for Prostitution Ring Upheld, Including Where Portions of Rule 11 Transcript Missing

In United States v. Jiamez-Dolores, et al., 14-1840(L) (August 3, 2016) (Hall, Lynch, Chin), the Court in a per curiam order affirmed above-guidelines sentences given to two defendants who each pleaded guilty to one count of…more

Criminal Investigations, Criminal Prosecution, Exploitation, Federal Sentencing Guidelines, Human Trafficking

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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

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A (Temporary?) Reprieve: Employers No Longer Required to Submit Pay Data to the EEOC

On Tuesday, August 29, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announcedthat the Office of Management and Budget (OMB) would stay the new EEO- 1 pay reporting requirements that had been scheduled to take…more

Data Collection, EEO-1, EEOC, Employment Discrimination, Equal Pay

See all updates »

Money Isn’t Everything: NYC Bars Employer Inquiry Into Salary Histories

On May 4, 2017, Mayor Bill de Blasio signed a new law enacted by the City Council that restricts New York City employers from inquiring about or relying on a prospective employee’s salary history. Under the law, employers…more

Employer Liability Issues, Employment Discrimination, Equal Pay, Hiring & Firing, Job Applicants

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Preliminary Hurdle for Cayman Derivative Claims Does Not Bar Suit in New York

A shareholder bringing a contested derivative claim in the Cayman Islands must seek leave from the court before proceeding. This litigation prerequisite -- imposed by Rule 12A of the Rules of the Grand Court of the Cayman…more

Appeals, Article III, Cayman Islands, Commercial Court, Derivative Suit

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 »

IRS Issues Request for Comments Regarding the Regulation of Donor Advised Funds

The Internal Revenue Service (the “IRS”) has issued Notice 2017-73 (the “Notice”) which outlines approaches the Department of the Treasury (“Treasury”) and the IRS are considering with respect to the regulation of certain issues…more

501(c)(3), Charitable Donations, Charitable Organizations, Compensation & Benefits, Distribution Rules

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 »

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

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

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

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