United States v. Fishman et al., __ 4th __, 2025 WL 2692069, 2025 U.S.App.LEXIS 24432 (2d Cir. Sept. 22, 2025)

On an issue of great significance, the Second Circuit affirmed the principle that criminal forfeiture cannot be imposed in a misbranding case. This argument was litigated by Mr. Kessler before the District Court and prevailed before the Circuit, which vacated the forfeiture judgment in full. The court also vacated a nearly $26 million restitution order, remanding that issue for further proceedings.