Recent Publications

Employee Relations Law Journal – From the Courts
June 19, 2018 | Ian S. Linker | Insurance Coverage | Employment & Labor
Fifth Circuit Affirms Decision Denying Attorney’s Fees to Insurer in ERISA Action A party in a case under the Employee Retirement Income Security Act of 1974 (ERISA) may be eligible to recover its attorney’s fees under 29 U.S.C. § 1132(g)(1) if it achieved “some degree of success on the merits.” District courts have broad discretion …
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Employee Benefit Plan Review – From the Courts
June 19, 2018 | Ian S. Linker | Insurance Coverage | Employment & Labor
Determining the appropriate standard of judicial review is the threshold issue a court decides when reviewing an adverse benefit determination under the Employee Retirement Income Security Act of 1974 (ERISA). If the court applies the arbitrary and capricious standard of review, it gives deference to the administrator’s determination. By contrast, if it reviews the determination …
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The Trump Twitter Case, and Its Implications for Other Public Officials
June 19, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
In late May, District Judge Naomi Reice Buchwald of the Southern District of New York issued her decision in Knight First Amendment Institute at Columbia University v. Trump, No. 17 Civ. 5205 (NRB) (S.D.N.Y. May 23, 2018), granting summary judgment to the plaintiffs and holding that President Donald Trump and Daniel Scavino, the White House …
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Insurance Update
June 18, 2018 | Robert Tugander | Insurance Coverage
Crime, in one form or another, is the theme underlying many of the decisions discussed in our June Insurance Update. We begin with cybercrime.  The 11th Circuit weighs in on the recurring debate over when a loss results “directly” from the use of a computer. We then move to the Fourth Circuit, which decides if …
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NY Puts Moratorium on Applications for Licensed Home Care Services Agencies
June 14, 2018 | Karen E. Sosler | Ada Kozicz | Health Services
The Department of Health issued guidance in May 2018, about a law, which took effect on April 1, 2018, that places a two-year moratorium on the processing and approval of applications for Licensed Home Care Services Agencies (LHCSAs). The moratorium applies to applications that have not yet been submitted as well as to those that …
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Telehealth in NY: Compliance Requirements Create Reimbursement Challenges
June 13, 2018 | Jeffrey P. Rust | Health Services | Compliance Investigations & White Collar
The utilization of telehealth services has increased significantly over the last decade. The advent of new technologies and the development of far reaching and readily available wireless and cellular networks have made instantaneous communication with medical professionals possible. Considering the demand for healthcare in remote locations, the growth of the geriatric population, and the need …
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New Sexual Harassment Legislation Applies to Almost All NY Employers
June 12, 2018 | Brian S. Conneely | Scott R. Green | Employment & Labor
Recently, New York State and New York City passed new legislation designed to stop sexual harassment in the workplace. Governor Andrew Cuomo signed the New York State legislation into law on April 12 and New York City Mayor Bill de Blasio signed the New York City legislation into law on May 9. These new laws, …
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Gordon and Spero Publish Article in Pratt’s Journal of Bankruptcy Law
June 6, 2018 | Stuart I. Gordon | Matthew V. Spero | Bankruptcy
Stuart Gordon’s and Matthew Spero’s article entitled, “U.S. Supreme Court Clarifies Scope of Securities Safe Harbor,” was published in the June 2018 edition of Pratt’s Journal of Bankruptcy Law. Click here to read the article. …
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New York Insurance Coverage Law Update
May 30, 2018 | Alan C. Eagle | Insurance Coverage
Court Finds That Professional Services Exclusion Barred Additional Insured Coverage To Property Owner And Contractor After a worker was fatally injured at a construction site, the owner of the property and a contractor hired by the owner to construct a hotel at the site brought an action seeking additional insured coverage under an insurance policy …
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Insurance Regulation: States Take First Steps to Adopt NAIC Model Cybersecurity Law
May 25, 2018 | Robert Tugander | Greg E. Mann | Insurance Coverage | Privacy, Data & Cyber Law
The insurance industry is becoming the next frontier for cybersecurity regulations. On May 8, 2018, South Carolina became the first state to adopt the National Association of Insurance Commissioners’ (NAIC’s) regulations specific to insurers and brokers, and the Rhode Island Legislature is currently considering a similar bill. The NAIC, the leading national regulatory support organization, in …
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Supreme Court Approves Employers’ Use of Class Action Waivers
May 22, 2018 | Scott R. Green | Employment & Labor
On May 21, 2018, the United States Supreme Court, in the case of Epic Sys. Corp. v Lewis, held in a 5-4 decision that employers can require – as a condition of employment – that employees waive their rights to participate in class action lawsuits.  Resolving a split among the various circuit courts, employers can …
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‘Made in the USA’ Claims: Handle With Care
May 15, 2018 | Marc S. Ullman | Compliance Investigations & White Collar
Marc Ullman published an article in Natural Products Insider entitled, “‘Made in the USA’ Claims: Handle With Care.” The article focuses on how the Federal Trade Commission has increased its enforcement of its “Made in the USA” standards, which states “all or virtually all” of a product must be made/produced in the United States. Click …
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Lewis’ GDPR Article Published in Long Island Press
May 15, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
Shari Lewis authored an article for the Long Island Press on the trending topic of the General Data Protection Regulation (GDPR), a data privacy rule going into effect on May 25, 2018. In the article Shari explains the regulation, which U.S. businesses might be affected by it and what business owners can do reduce the …
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Kam Authors Article for ABA
May 11, 2018 | Priscilla D. Kam | Insurance Fraud
Priscilla Kam has authored an article entitled, “How to Keep the Focus and Stay Motivated On the Long Road to Success,” for the American Bar Association’s Tort Trial and Insurance Practice – Young Lawyer’s Division newsletter. Click here to read the article. © 2018 by the American Bar Association. Reproduced with permission. All rights reserved. …
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Everybody Hurts Sometimes: But Is Insurance Available to Compensate That Pain?
May 11, 2018 | Michael C. Cannata | Frank M. Misiti | Insurance Coverage
From efforts to curtail cyber-bullying, to the creation of safe spaces, protecting individuals from mental injury is now mission critical. Every day, lawsuits are filed by individuals seeking damages for conduct that has resulted in mental injury. Not surprisingly, the targets of these lawsuits have turned to their insurers to defend and indemnify them against …
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