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Archive by tag: Patterson Belknap Webb & Tyler LLPReturn

Second Department Applies De Facto Merger Doctrine and Veil Piercing in Recent Appeal

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
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Commercial Division Opinion Suggests that Subcontractor Can Potentially Recover From General Contractor and Property Owner for Work Outside Scope of Subcontract

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
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The New Brandeis School Manifesto

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
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Sweeping Changes to Retirement Plan Rules Passed Under the SECURE Act – Provisions Requiring Immediate Attention

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
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Commercial Division Applies Noerr-Pennington Doctrine to Dismiss Claim for Unlawful Retaliation

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
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Calling All NYS Employers: Another Employee Handbook Revision Must be Made

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
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Planning for 2020: Expanded HRA Options for Employers under the Final HRA Regulations

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
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Commercial Division Declines to Certify Class and Approve Settlement in Xerox-Fuji Case

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
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District Court Rules on Property of the Debtor Requirement for Fraudulent Transfer Claims

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
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Hahnemann University Hospital: Healthcare Bankruptcy Highlights the Tension When Private Equity Collides with the Public Interest

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
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