Introduction and Background - On January 29, 2020, the Second Department affirmed a Suffolk County Commercial Division decision applying both the de facto merger doctrine and the veil piercing doctrine....By: Patterson Belknap Webb & Tyler LLP
Read More
Suppose a property owner hires a general contractor for a time-sensitive project. The general contractor in turn hires a subcontractor....By: Patterson Belknap Webb & Tyler LLP
Read More
As this blog has previously reported, new strains of thought about antitrust law are blossoming in the United States. The “New Brandeisians” challenge the Chicago School “consumer welfare” standard that has dominated policymaking for decades....By: Patterson Belknap Webb & Tyler LLP
Read More
On December 20, 2019, the Further Consolidated Appropriations Act, 2020 (the “FCAA”) was signed by the President after passing both houses of Congress. Within the FCAA, which was primarily a budget and spending law, a version of the Setting Every...By: Patterson Belknap Webb & Tyler LLP
Read More
In Pozner v. Fox Broadcasting Co., Justice Saliann Scarpulla of the Commercial Division dismissed plaintiff Cliff Pozner’s (“Pozner”) retaliation claim, which alleged that counterclaims filed against him by defendant Fox Broadcasting Company’s...By: Patterson Belknap Webb & Tyler LLP
Read More
Earlier this month, New York State passed a new law prohibiting discrimination against employees based on a new protected class: reproductive health decision making. New York Labor Law § 203-e was signed into law by Governor Cuomo in November 2019,...By: Patterson Belknap Webb & Tyler LLP
Read More
The Departments of Labor, Health and Human Services and Treasury (the “Agencies”) recently released final regulations1 that create new opportunities for employers to provide health reimbursement arrangements (“HRAs”) to employees. Beginning January...By: Patterson Belknap Webb & Tyler LLP
Read More
There has been a new development in the Xerox and Fujifilm (“Fuji”) litigation: Justice Ostrager of the New York Commercial Division declined to (i) certify the putative class, (ii) approve the proposed class settlement, and (iii) award the class...By: Patterson Belknap Webb & Tyler LLP
Read More
Section 548 of the Bankruptcy Code enables trustees to avoid certain pre-bankruptcy transfers of “an interest of the debtor in property,” where the transfer was intended to defraud creditors or where the transfer was made while the debtor was...By: Patterson Belknap Webb & Tyler LLP
Read More
A “little bit of a crisis” was averted last week in the Chapter 11 bankruptcy case of St. Christopher’s Hospital for Children, a Philadelphia-area hospital with ties to Hahnemann University Hospital, which is also a Chapter 11 debtor. On Tuesday,...By: Patterson Belknap Webb & Tyler LLP
Read More