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Patterson Belknap Webb & Tyler LLP | USA | 13 Feb 2020

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. After the

Article

Patterson Belknap Webb & Tyler LLP | USA | 13 Feb 2020

Big Progress in Big Cases: PG&E and Puerto Rico are Making Strides Towards Achieving Creditor Consensus

There has been considerable progress towards resolution in two of the largest bankruptcy cases pending in the United States: the Commonwealth of

Article

Patterson Belknap Webb & Tyler LLP | USA | 11 Feb 2020

Habeas Petitioner Not Permitted to Proceed Anonymously

In United States v. Pilcher, the Second Circuit (Leval, Cabranes, Sack) (per curiam) considered whether a habeas petitioner could proceed

Article

Patterson Belknap Webb & Tyler LLP | USA | 11 Feb 2020

First Department Holds Source Code to Be a Trade Secret and Defines Bounds of Judicial Proceedings Privilege

On November 12, 2019, in BEC Capital, LLC et al. v. Bistrovic et al., 177 A.D.3d 438 (1st Dep't 2019), the Appellate Division, the First Department

Article

Patterson Belknap Webb & Tyler LLP | USA | 7 Feb 2020

Second Circuit Employs “Mini-En Banc” to Relieve District Court of Requirement to Complete Non-Existent Form

In United States v. Karim Smith, the Second Circuit (Wesley, Chin, Sullivan) overturned its prior precedent and held that district courts need not

Article

Patterson Belknap Webb & Tyler LLP | USA | 7 Feb 2020

Hospira Seeks En Banc Review of the Federal Circuit’s “Safe Harbor” Ruling in Amgen v. Hospira

In December, in Amgen v. Hospira, 944 F.3d 1327 (Fed. Cir. 2019), a panel of the Federal Circuit issued the first decision applying the statutory

Article

Patterson Belknap Webb & Tyler LLP | USA | 6 Feb 2020

As Trial Concludes, Judge Hellerstein Issues, then Reconsiders, Patent Marking Ruling

As trial in Kaufman v. Microsoft Corporation wound down yesterday, United States District Court Judge Alvin K. Hellerstein (S.D.N.Y.) granted

Article

Patterson Belknap Webb & Tyler LLP | USA | 5 Feb 2020

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”

Article

Patterson Belknap Webb & Tyler LLP | USA | 4 Feb 2020

Bankruptcy Appellate Practice: The Entry of Bankruptcy Court Orders and the 14-Day Period to Appeal

An appeal from a bankruptcy court’s final judgment must be filed within 14 days of when an appealable order is entered on the docket. Parties should

Article

Patterson Belknap Webb & Tyler LLP | USA | 4 Feb 2020

The SEC Issues Observations on Cybersecurity and Resiliency Measures

Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) issued a list of recommendations

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