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Publication: NY Business Law Journal

RIP Chevron: Are We Out of LUC?

Introduction In 25 years as an adjunct professor teaching banking law and administrative law at two law schools, I was fond of telling my students that the only law that can never be repealed is the Law of Unanticipated Consequences (LUC). And during that time, perhaps no law loomed larger in classroom discussions than the … Continued

Legal Issues in FDA Orange Book Patent Listings: Evolving Case Law, Enhanced FTC Scrutiny, and the Divergent Roles of Brand and Generic Counsel

I. Introduction The pharmaceutical industry stands at a critical juncture where innovation meets accessibility, carefully balanced through patent protection and regulatory mechanisms. At the heart of this balance lies the Food and Drug Administration’s (FDA) Orange Book, formally known as Approved Drug Products with Therapeutic Equivalence Evaluations. This essential document serves as a cornerstone of … Continued

Inside the Courts

An Update From Skadden Securities Litigators Spotlights Working Through the Riddles of Tokenized Securities This article was originally published April 10, 2025, in CoinDesk. Key Points • The SEC’s Crypto Task Force acknowledges past hostility toward digital assets and aims to create more sensible regulations. • Tokenized securities face complex regulatory challenges, including compliance with … Continued

HeadNotes

As anticipated in our HeadNotes for the Winter 2024 issue, the initial days of the new Trump administration have been, to put it mildly, eventful. As he promised, the president empowered the newly created Department of Government Efficiency (DOGE), run by Elon Musk, to “take an ax” to the federal bureaucracy, seeking to eliminate “waste, … Continued

The Proposed Fostering Affordability and Integrity Through Reasonable (FAIR) Business Practices Act

New York State Attorney General Letitia James, along with Senator Leroy Comrie and Assemblyman Micah Lasher, recently announced the Fostering Affordability and Integrity Through Reasonable (FAIR) Business Practices Act.1 If enacted, this legislation would overhaul New York’s consumer protection law to cover not just deceptive businesses practices but unfair and abusive ones as well. New York … Continued

Corporate Transparency Act Undermined: Legal Chaos and Its Implications

Introduction In early 2021, the United States Congress enacted the Corporate Transparency Act (CTA), introducing significant changes to corporate reporting requirements. The primary goal of the CTA is to enhance transparency in business ownership and combat illegal activities such as money laundering and tax evasion.1 The law officially took effect on January 1, 2024, mandating approximately … Continued

Consumer Financial Protection in the Second Trump Administration: The Role of State Attorneys General and State Consumer Financial Regulators – The Office of the New York Attorney General and the New York Department of Financial Services

In January 2025, in the last days of the Biden administration, the Consumer Financial Protection Bureau released a phalanx of guidance encouraging and arming the states to pursue consumer financial protection enforcement and regulation on their own. Specifically, the CFPB released a report titled Strengthening State Level Consumer Protections1 and an extensive Compendium of Recent CFPB Guidance.2 In addition, … Continued