On March 30, 2026, United States District Judge Paul G. Gardephe (S.D.N.Y) denied Defendant New Jersey Transit Corporation’s (“NJ Transit”) motion for summary judgment on all of Plaintiff Bytemark, Inc.’s (“Bytemark”) claims…
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/ Business Torts, Commercial Law & Contracts, Constitutional Law, Intellectual Property
The Federal Arbitration Act (FAA) was enacted to require courts to enforce parties’ contractual agreements to arbitrate disputes. In bankruptcy cases. judges will consider if sending parties to arbitration in light of the…
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/ Alternative Dispute Resolution (ADR), Bankruptcy, Civil Procedure
Recently, District Judge Alvin K. Hellerstein (S.D.N.Y.) granted Defendant CloudTalk.io, Inc.’s (“CloudTalk”) motion to dismiss Missed Call, LLC’s (“Missed Call”) complaint, finding that the asserted patent was directed to an…
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/ Intellectual Property, Science, Computers, & Technology
In 2021, New York Governor Kathy Hochul signed into legislation a law that requires certain private sector employers without a current retirement plan to automatically enroll their employees in New York State’s Secure Choice…
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/ Finance & Banking, Labor & Employment Law, Taxation
New York lawmakers are advancing a proposal that would decouple New York tax law from the federal Qualified Small Business Stock (QSBS) regime under IRC §1202, effectively eliminating the state-level benefit of QSBS gain…
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/ Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions, Taxation, Wills, Trusts, & Estate Planning
On March 5, 2026, the U.S. Securities and Exchange Commission (the “SEC”) issued an exemptive order under Section 16(a)(5) of the U.S. Securities Exchange Act of 1934 (the “Exchange Act”)…
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/ Commercial Law & Contracts, International Law & Trade, Securities Law
On February 26, 2026, the U.S. Department of Labor (DOL) released a New Proposed Rule (“NPR”) that would again tweak how “independent contractors” are evaluated under the federal Fair Labor Standards Act (“FLSA”). An NPR is a…
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/ Administrative Law, Labor & Employment Law
The Internal Revenue Service (IRS) recently issued Notice 2026‑13, providing updated safe harbor notices (one for distributions from Roth accounts and one for distributions for non-Roth accounts) that plan administrators may use…
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/ Finance & Banking, Labor & Employment Law, Taxation
Shortly after taking office on January 20, 2025, President Trump issued several executive orders intended to end Diversity, Equity, and Inclusion (DEI) initiatives within the federal government and among federal contractors…
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/ Administrative Law, Constitutional Law, Government Contracting
On February 11, 2026, District Judge Lewis J. Liman (S.D.N.Y.) denied a motion for reconsideration of portions of the Court’s claim construction order defining terms in accordance with their plain and ordinary meaning, filed by…
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/ Civil Procedure, Intellectual Property
Recently, United States District Judge Alvin K. Hellerstein accepted in part the report and recommendation of Magistrate Judge Valerie Figueredo. A detailed summary of Judge Figueredo’s decision was the subject of a prior post,…
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/ Civil Procedure, Intellectual Property
A bankruptcy trustee can recover an avoided fraudulent transfer from both the initial transferee and subsequent transferees. But can a trustee recover from a subsequent transferee if the initial transferee isn’t named as a party…
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/ Bankruptcy
On January 23, 2026, the Staff of the U.S. Securities and Exchange Commission (the "Staff") issued updated guidance that provides greater flexibility for public companies conducting the required "broker search" in connection…
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/ Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law
On January 16, 2026, District Judge Sanket J. Bulsara (E.D.N.Y.) granted Defendant Flushing Bank’s motion to dismiss under Fed. R. Civ. P. 12(b)(6), finding that Plaintiff DigitalDoors, Inc. (“DigitalDoors”) failed to identify…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
Last week, Judge Nusrat J. Choudhury (E.D.N.Y.) denied a motion to stay a patent case pending completion of ex parte reexamination (“EPR”) proceedings challenging the validity of some but not all of the patents-in-suit…
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/ Civil Procedure, Intellectual Property
