Recent Publications


Decanting a ‘HEMS Only’ Trust in Favor of an SNT
March 14, 2024 | Trusts & Estates

In 1992, New York became the first state in the nation to enact a decanting statute, namely, New York Estates, Powers and Trusts Law (EPTL) 10-6.6. The statute subsequently was modified several times. The 2011 amendment was notable because it greatly liberalized the statute’s application. Today, New York’s decanting statute is a tool frequently used

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Recent Guilty Pleas Highlight Illegal Control of Medical Practices, Kickbacks for Patient Referrals
March 8, 2024 | Insurance Fraud

On Jan. 16, 2024, in the U.S. District Court for the Southern District of New York, the final two defendants in United States v. Pierre, Dkt. No. 1:22-cr-00019 (S.D.N.Y.), Arthur Bogoraz and William Weiner, D.O., pled guilty to charges stemming from their involvement in a massive insurance fraud scheme, where the government alleged that the defendants

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New York Insurance Coverage Law Update
February 28, 2024 | Insurance Coverage

New York’s Highest Court Holds That Restaurants’ Business Losses from Coronavirus Not Covered

The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered “all risks of direct physical loss or damage to insured property” and

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Insurance Update
February 23, 2024 | Insurance Coverage

In this month’s insurance update, we address:

  • Whether opioid suits allege an occurrence
  • Whether the recurring presence of wild turkeys is “infestation”
  • Whether improper copying of an industry publication was in the performance of professional services
  • Whether wildfire dust is a “pollutant”
  • Whether an aircraft exclusion applies to a partially disassembled plane
  • And whether
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COVID Biz Interruption Coverage Denied by NY Court of Appeals
February 20, 2024 | Insurance Coverage

On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint against Westport Insurance Corp. seeking COVID-19 business interruption coverage.

The Court’s affirmance continues New York’s well-settled approach to contract interpretation, which demands that all contracts –

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Plan Now for Sunsetting Estate & Gift Tax Exemption
February 12, 2024 | Trusts & Estates | Tax

As we’ve previously discussed, portability is an important feature of an estate plan. Portability allows the surviving spouse to die to “save” any of their predeceased spouse’s unused federal estate and gift exemption amount. A federal tax of 40% is imposed on each dollar that exceeds a decedent’s federal estate and gift exemption amount.

The

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Spousal Lifetime Access Trusts: A Way to Have Your Cake and Eat It Too
February 1, 2024 | Trusts & Estates | Tax

You may have heard of Spousal Lifetime Access Trusts (SLATS) lately, especially if you have been thinking about using your federal estate and gift tax exemption before the current higher exemption amount of $13.61 million is automatically reduced to about $7 million on January 1, 2026, assuming Congress takes no action. (See my column from last

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New York Insurance Coverage Law Update
January 30, 2024 | Insurance Coverage

Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion

 Associated Industries Insurance Company sued its insureds, a lawyer, and his former law firm, seeking a declaration that it had no duty to defend or to indemnify an underlying lawsuit brought by their former client.

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New York Insurance Coverage Law Update — Compilation 2023
January 30, 2024 | Insurance Coverage

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2023.

New York

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Wendy and Jen Wreck the Movies: ‘Willy Wonka’ (1971) or You Got Your Kid in My Chocolate
January 30, 2024 | Compliance, Investigations & White Collar | Corporate | Employment & Labor | Immigration

What Happened

Come on, you know what happened, right?

For those denied the joy of Roald Dahl and his take on bad parents, here is an overview.

Willy Wonka, the owner of Wonka’s Chocolates, is a unique and secretive chocolatier. Wonka’s Chocolates has one factory. Unlike other factories, no workers or visitors are seen entering

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Not-for-Profits and the CTA
January 29, 2024 | Corporate

Recently, there has been extensive reporting about the federal Corporate Transparency Act, or the “CTA,” the stated objective of which is to enhance transparency in entity structure and ownership in order to combat money laundering, tax fraud, and misconduct through business structures. The CTA, which became effective as of January 1, 2024, requires certain

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The Impact of the CCAM on Trust Decanting in New York
January 26, 2024 | Trusts & Estates

On Dec. 29, 2023, the Office of the Chief Counsel (the Chief Counsel) of the Internal Revenue Service (IRS) released Chief Counsel Advice Memorandum 202352018 (the CCAM).

Although some have commented on the CCAM’s impact on trust modifications, a further question is what impact, if any, will the CCAM have on trust decantings in New

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Insurance Update
January 23, 2024 | Insurance Coverage

In our January insurance update, we include three state cases addressing some less common situations.

It’s not often that a pollution exclusion is interpreted in the context of an auto policy.  But the South Dakota Supreme Court considered whether the exclusion barred a claim arising from a contaminated wheat delivery.

Village officials made it very

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The Importance of Estate Planning
January 19, 2024 | Trusts & Estates

When we think about making plans to secure our future, generally the discussions revolve around education, career, family, and finances. Creating a comprehensive estate plan, including effective advanced directives, can elude even the most organized and diligent people. A survey by Caring.com noted that 1 in 5 people who died during the 2020 pandemic did

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LIBN Op-Ed — Sewers: Good for the Environment, Good for the Economy
January 19, 2024 | Environmental

On January 18, Long Island Business News published Chris Murray’s opinion piece, “Sewers: Good for the Environment, Good for the Economy.”

Here is the full text.

Not often is a policy initiative good for both the environment and business. Sewer expansion is one of those initiatives. The development of sewer systems in Suffolk County would not

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