Publications & Media

Articles, commentary, and conversations from Maxwell K. Weiss on litigation, bankruptcy, privacy, and cybersecurity.

Published Articles

The Bankruptcy Strategist

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable

Oct. 1, 2025
With Daniel A. Lowenthal

Law360

Bankruptcy Ruling Stresses Value of Client Communication

Mar. 25, 2024
With Daniel A. Lowenthal

Law360

A Bankruptcy Doctrine May Soon Be Before the High Court

Mar. 22, 2023
With Daniel A. Lowenthal

Law360

Golf Project Ch. 11 Ruling Is a Deal Term Negotiation Lesson

Aug. 29, 2022
With Daniel A. Lowenthal

NYU Compliance & Enforcement

Corporate Recidivism in the FCPA Context

July 7, 2017
With Bruce E. Yannett, Andrew M. Levine, and Philip Rohlik

The George Washington Law Review

The Constitutionality of SEC Administrative Law Judges: Exploring Hill v. SEC

2016
84 Geo. Wash. L. Rev. 1407

GW Criminal Law Society Brief

Redefining the Scope of the Fourth Amendment in the 21st Century: The Wake-Up Call of United States v. Jarrett

Mar. 24, 2016

Podcasts & Press

Podcast · Between the Briefs

How AI Is Helping Lawyers Find Cases They’d Never Find Manually

Sept. 18, 2026

Partnership for Safe Medicines

PSM, ADAP ask New York’s Board of Pharmacy to act in alleged fake medicine case

Aug. 18, 2025
Gilead v. Heal the World

Partnership for Safe Medicines

Case overview: Gilead Sciences v. Heal the World Pharmacy

May 9, 2025
Gilead v. Heal the World

CNBC

Gilead Sciences alleges dangerous drug-counterfeiting operation at two NYC pharmacies in lawsuit

Aug. 16, 2024
Gilead v. Khaim (E.D.N.Y.)

Partnership for Safe Medicines

Safe Chain Solutions settles HIV drug diversion lawsuit with Gilead Sciences

Feb. 26, 2024
Gilead v. Safe Chain Solutions (E.D.N.Y.)

CNBC

Fraud in a bottle: How Big Pharma takes on criminals who make millions off counterfeit drugs

Dec. 11, 2023
Gilead v. Safe Chain Solutions

The Wall Street Journal

Justice Department Probes Network Accused of Selling Counterfeit HIV Drugs

Mar. 30, 2022
Gilead v. Safe Chain Solutions

The Wall Street Journal

Drugmaker Gilead Alleges Counterfeiting Ring Sold Its HIV Drugs

Jan. 18, 2022
Gilead v. Safe Chain Solutions

Partnership for Safe Medicines

Fake HIV medication has made its way to U.S. pharmacies, and patients

Jan. 18, 2022
Gilead v. Safe Chain Solutions

Legal Commentary

Bankruptcy Litigation

Debts Related to Ponzi Scheme Deemed Non-Dischargeable

Dec. 30, 2025

Bankruptcy Litigation

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable

Sept. 30, 2025

Bankruptcy Litigation

Barton Strikes Again: Nominal “Individual” Claims Don’t Excuse Non-Compliance

June 4, 2025

Bankruptcy Litigation

Court Orders Removal of Couple from Upper East Side Mansion

Apr. 2, 2025

Bankruptcy Litigation

Court Must Sign Off on Post-Petition Settlement to Survive Discharge

Feb. 3, 2025

Bankruptcy Litigation

Prosecutors May Use Evidence Obtained from Trustee Without Warrant

Aug. 1, 2024

Bankruptcy Litigation

Citing Knowledge of Irregularities in Purported Ponzi Scheme, Bankruptcy Court Deems Pre-Bankruptcy Transfers Fraudulent

Mar. 1, 2024

Bankruptcy Litigation

Bankruptcy Court Provides an Object Lesson to Practitioners: Return Your Client’s Calls

Feb. 1, 2024

Bankruptcy Litigation

Second Circuit Rejects Former Real Estate Mogul’s Appeal

Nov. 3, 2023

Bankruptcy Litigation

Ex-Con Held in Civil Contempt but Escapes Incarceration (For Now)

Sept. 6, 2023

Bankruptcy Litigation

Former Bang Energy Drink CEO Loses Bid to Control Social Media Accounts

June 27, 2023

Bankruptcy Litigation

Despite Discretionary Standard, Courts Still Must Show Their Work

May 2, 2023

Bankruptcy Litigation

Applying the Barton Doctrine, the Fifth Circuit Deepens Its Schism with the Eleventh

Mar. 1, 2023

Data Security

Compounding Consequences for Australian Health Insurer Following Breach

Dec. 2, 2022

Bankruptcy Litigation

SCOTUS Grants Certiorari, Remands U.S. Trustee Fee Dispute to Second Circuit

Nov. 1, 2022

Bankruptcy Litigation

For Hawaiian Golf Project, it’s Aloha New Ownership, Aloha Old Debt

Aug. 17, 2022

Bankruptcy Litigation

Delaware Court Finds Texas’s Trust Fund Doctrine Lives, but Debtor’s Fiduciary Claims Dead on Arrival

June 30, 2022

Bankruptcy Litigation

Bankruptcy Court Won’t Dabble in Case Concerning a Marijuana Business

Feb. 14, 2022

Bankruptcy Litigation

Considering the Conduct of Two PPP “Fraudsters,” Bankruptcy Court Shows Its Teeth but Declines to Bite (For Now)

Nov. 29, 2021

Data Security

Ransomware’s Exponential Growth Echoes the History of Hijackings

Nov. 12, 2021

Bankruptcy Litigation

Unqualified “CARES” Act Funds Can’t Be Used to Pay Creditors

Oct. 20, 2021

Bankruptcy Litigation

When Potentially Violating “Gatekeeping” Orders, Asking for Permission May Be Easier (and Cheaper!) Than Begging for Forgiveness

Aug. 13, 2021

Bankruptcy Litigation

Maryland Court Discharges Student Debt

July 2, 2021

Bankruptcy Litigation

Bankruptcy Court Dismisses NRA’s Ch. 11 Petition

May 21, 2021

Data Security

NIST Publishes Key Practices in Cyber Supply Chain Risk Management

Apr. 6, 2021

Bankruptcy Litigation

Delaware Bankruptcy Court Teaches Important Lesson on Timely Lien Perfection

Feb. 2, 2021

Publications & Media

Published Articles

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable

Bankruptcy Ruling Stresses Value of Client Communication

A Bankruptcy Doctrine May Soon Be Before the High Court

Golf Project Ch. 11 Ruling Is a Deal Term Negotiation Lesson

Corporate Recidivism in the FCPA Context

The Constitutionality of SEC Administrative Law Judges: Exploring Hill v. SEC

Redefining the Scope of the Fourth Amendment in the 21st Century: The Wake-Up Call of United States v. Jarrett

Podcasts & Press

How AI Is Helping Lawyers Find Cases They’d Never Find Manually

PSM, ADAP ask New York’s Board of Pharmacy to act in alleged fake medicine case

Case overview: Gilead Sciences v. Heal the World Pharmacy

Gilead Sciences alleges dangerous drug-counterfeiting operation at two NYC pharmacies in lawsuit

Safe Chain Solutions settles HIV drug diversion lawsuit with Gilead Sciences

Fraud in a bottle: How Big Pharma takes on criminals who make millions off counterfeit drugs

Justice Department Probes Network Accused of Selling Counterfeit HIV Drugs

Drugmaker Gilead Alleges Counterfeiting Ring Sold Its HIV Drugs

Fake HIV medication has made its way to U.S. pharmacies, and patients

Legal Commentary

Debts Related to Ponzi Scheme Deemed Non-Dischargeable

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable

Barton Strikes Again: Nominal “Individual” Claims Don’t Excuse Non-Compliance

Court Orders Removal of Couple from Upper East Side Mansion

Court Must Sign Off on Post-Petition Settlement to Survive Discharge

Prosecutors May Use Evidence Obtained from Trustee Without Warrant

Citing Knowledge of Irregularities in Purported Ponzi Scheme, Bankruptcy Court Deems Pre-Bankruptcy Transfers Fraudulent

Bankruptcy Court Provides an Object Lesson to Practitioners: Return Your Client’s Calls

Second Circuit Rejects Former Real Estate Mogul’s Appeal

Ex-Con Held in Civil Contempt but Escapes Incarceration (For Now)

Former Bang Energy Drink CEO Loses Bid to Control Social Media Accounts

Despite Discretionary Standard, Courts Still Must Show Their Work

Applying the Barton Doctrine, the Fifth Circuit Deepens Its Schism with the Eleventh

Compounding Consequences for Australian Health Insurer Following Breach

SCOTUS Grants Certiorari, Remands U.S. Trustee Fee Dispute to Second Circuit

For Hawaiian Golf Project, it’s Aloha New Ownership, Aloha Old Debt

Delaware Court Finds Texas’s Trust Fund Doctrine Lives, but Debtor’s Fiduciary Claims Dead on Arrival

Bankruptcy Court Won’t Dabble in Case Concerning a Marijuana Business

Considering the Conduct of Two PPP “Fraudsters,” Bankruptcy Court Shows Its Teeth but Declines to Bite (For Now)

Ransomware’s Exponential Growth Echoes the History of Hijackings

Unqualified “CARES” Act Funds Can’t Be Used to Pay Creditors

When Potentially Violating “Gatekeeping” Orders, Asking for Permission May Be Easier (and Cheaper!) Than Begging for Forgiveness

Maryland Court Discharges Student Debt

Bankruptcy Court Dismisses NRA’s Ch. 11 Petition

NIST Publishes Key Practices in Cyber Supply Chain Risk Management

Delaware Bankruptcy Court Teaches Important Lesson on Timely Lien Perfection

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