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  • Article

    Lehman Bankruptcy Update: Lehman Reaches $38 Billion Deal With European Unit

    The Trustee overseeing the liquidation under the Securities Investor Protection Act ("SIPA") of Lehman Brothers Inc. ("Lehman") in the U.S. and the Joint Administrator of Lehman Brothers International (Europe) ("LB Europe") in the U.K. have reached an agreement in principle to resolve $38 billion in asserted claims among Lehman, LB Europe and subsidiaries and affiliates.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Third Circuit Enforces Plan Releases Against Later-Purchasing Shareholders Bringing Claims Concerning Post-Confirmation Conduct

    Bankruptcy plans often include provisions releasing debtors and their officers and directors from certain potential liability.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Tribune Company Files For Bankruptcy

    In June we predicted that increased debt loads, declining advertising revenue and the continued growth of the Internet as a reliable source for news and information could force the print news publishing industry into one of the most difficult periods in its history
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Federal Circuit Raises Stakes In False Patent Marking Cases

    The economic downturn has led to a surge of actions for false patent marking. These lawsuits are largely brought by patent attorneys, either on their own behalf or on behalf of holding companies they form, to collect a bounty from patent owners on products with allegedly false patent markings.
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Judge McMahon Denies Unsubstantiated Bid For Preliminary Injunction

    On September 5, 2018, Chief United States District Judge Colleen McMahon (S.D.N.Y.) issued a decision denying Plaintiff GeigTech's motion for preliminary injunction in its patent and trade dress infringement suit against Defendant Lutron.
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Decision Alert: Supreme Court Holds Class Action Waiver In Arbitration Agreement Is Enforceable

    In a ruling in American Express Co. v. Italian Colors Restaurant, the Supreme Court reversed the Second Circuit and held that an arbitration provision that barred class actions was enforceable.
    United StatesLitigation, Mediation & Arbitration
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    IRS Issues Temporary Regulations Eliminating Advance Ruling Process And Making Other Changes To Implement The New Form 990

    On September 8, 2008, the Internal Revenue Service issued temporary regulations that eliminate the advance ruling period for new Section 501(c)(3) organizations, thus simplifying the approval process for new organizations seeking to be classified as publicly supported charities.
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Capital One To Pay $80 Million Fine For 2019 Data Security Hack

    As we previously reported, Capital One Financial Corporation announced in July 2019 a major data security breach when an individual gained unauthorized access to personal information about Capital One credit card customers.
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Study Shows Banks Block 80% Of Cyberattacks … But Is That Enough?

    In Accenture's 2018 State of Cyber Resilience for Banking & Capital Markets study, the consulting firm reported the rate at which cyber-attacks on banking and capital markets firms are successful dropped from 36 percent in 2017 to 15 percent in 2018.
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    6 Easy-To-Miss Points About New York’s Non-Profit Revitalization Act, Part I Of II

    The Act is generally applicable to not-for-profit corporations and wholly charitable trusts. Those are broad categories, so let's get more granular about it.
    United StatesCorporate/Commercial Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    In Rare En Banc Ruling, Second Circuit Holds That Manslaughter Is A Categorically Violent Felony, Including Cases Of Omission, Potentially Triggering Mandatory Minimums

    On March 2, 2021, in a rare en banc decision, United States v. Scott, the Second Circuit held in a divided 9-5 opinion that New York first-degree manslaughter...
    United StatesCriminal Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Hong Kong Competition Commission Releases Draft Competition Ordinance Guidelines

    On October 9, 2014, the Hong Kong Competition Commission and Communications Authority published draft guidelines under the Hong Kong Competition Ordinance.
    Hong KongAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    American Express: Key Insights As Trial Ends

    The long trial in United States v. American Express has come to an end: on September 18, 2014, the parties exchanged post-trial briefing and on October 9, 2014, the court held oral argument.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Four Takeaways From The Ongoing Air Cargo Price-Fixing Litigation

    Nippon Cargo Airlines Co. Ltd last week agreed to pay $36.55 million to settle claims that it conspired with other airlines to fix rates for air cargo services in the early 2000s.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    FTC Moves To Halt Merger Between Staples And Office Depot

    The market the FTC defined in its complaint—sale and distribution of consumable office supplies to large, business-to-business customers—is distinct from the retail market for office supplies sold to consumers.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    FTC Provides Guidance On State Regulatory Board Antitrust Liability Following Supreme Court Decision

    Earlier this year, we covered the Supreme Court's decision in North Carolina State Board of Dental Examiners v. FTC, which held that a state regulatory board composed of "active market participants" was not immune to federal antitrust laws unless the state "actively supervised" the board.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    The DOJ's Airline Investigation: A Primer

    Last month, the Associated Presswas the first to report that the DOJ is investigating whether American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines have engaged in collusion.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    New York City’s Earned Sick Time Act to Go into Effect on April 1, 2014

    New York City’s Earned Sick Time Act will go into effect for certain employers on April 1, 2014.
    United StatesEmployment and HR
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Federal Estate, Gift and Generation Skipping Transfer Tax Update

    The repeal of the federal estate and generation skipping transfer ("GST") taxes, and the decrease in the federal gift tax rate, are scheduled to "sunset" on January 1, 2011, absent further Congressional action.
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Form 1023-EZ Is Now Live

    The IRS formally announced the Form 1023-EZ's introduction on July 1, 2014. Now that the form is live, we would like to highlight the key updated points.
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP

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