In two long-awaited rulings yesterday, Article 13 LLC v. Ponce De Leon Fed. Bank and Van Dyke v. U.S. Bank, Nat’l Ass’n, the New York Court of Appeals addressed the constitutionality of the retroactive application of certain provisions of FAPA under the New York and US Constitution. At issue in Continue Reading
Court’s Ruling in Colbree v. Amchem Signals Shift on Insurance Disclosures
On November 17, 2025, New York State Supreme Court, Suffolk County, issued a broad ruling requiring the defendants in the asbestos matter Colbree v. Amchem to disclose insurance-related information during the early stages of litigation. The decision is unusual because New York courts managing Continue Reading
Willful Ignorance Is Gone—Insights from Maryland and Delaware Privacy Regulators
During a recent gathering of data privacy and security experts, regulators from the Maryland and Delaware Offices of Attorney General provided their insights regarding priorities for state privacy enforcement and recommendations for how to interact with their offices. Maryland’s data privacy law Continue Reading
New York LLC Transparency Act—Taking Effect on January 1, 2026
Beginning January 1, 2026, all New York limited liability companies—and all non–New York LLCs doing business in New York—must file confidential beneficial ownership reports with the New York Department of State unless exempt. Existing LLCs have until January 1, 2027, to file, while new LLCs formed Continue Reading
Keeping the Lights On: Cybersecurity & Data Privacy Concerns in the Commercial Real Estate Industry
Cybersecurity and data privacy matters impact everything around us, including our physical space. Commercial real estate space represents a large part of every city across the globe, whether it is owned or leased. What would happen if the buildings went dark? The elevators stopped going up and down? Continue Reading
New Patent Rule Set to Upend IPR Practice
Are you planning on challenging a competitor’s patent at the US Patent and Trademark Office (USPTO)? The policies of the new director of the USPTO may cause you to rethink your strategy. The USPTO has recently proposed a new rule that, if adopted, would upend the conventional wisdom on inter partes Continue Reading
HSR 2.0: What Deal Lawyers Need Now
What’s changed, what it means, and how to be filing‑ready under the updated HSR rules Deal volume ticked up in FY24, but the day-one burden is where most deal teams feel the most change. The Federal Trade Commission and the Department of Justice’s recently released FY24 report shows continued Continue Reading
Sherrill Defeats Ciattarelli to Become New Jersey’s Next Governor
Sherrill’s sweeping victory reflected broad Democratic support statewide. Democrat Mikie Sherrill, a US Navy veteran and current congresswoman, will succeed Democrat Phil Murphy as New Jersey’s governor after defeating former Assemblyman Jack Ciattarelli on Tuesday. Sherrill’s projected 56% to Continue Reading
AI Pricing Tools in Senior Care: The Antitrust Risks You Need to Manage Now
Senior living and nursing home operators increasingly lean on third-party “revenue management” software to set rates, discounts, and concessions. Recent cases and enforcement actions show that this can create antitrust exposure, even if you never speak to a competitor directly. In Duffy v. Yardi, Continue Reading
Recent Updates on Federal Fraud Enforcement in Healthcare
As a follow-up to our October 3, 2025 alert, another court, this time the US Court of Appeals for the Seventh Circuit, held that percent-based compensation is not per se a kickback. In the matter of United States of America v. Mark Sorensen, the Seventh Circuit reversed the district court’s Continue Reading