Recent Publications

Driving Miss Lohan? Not According to the New York Court of Appeals
April 19, 2018 | Michael C. Cannata | Frank M. Misiti | Kori M. Clanton | Intellectual Property
Lindsay Lohan was not pleased with the alleged use of her likeness by Rockstar Games as an avatar in its Grand Theft Auto V video game. In her lawsuit against the game company, Lohan claimed that: (1) an avatar named “Lacey Jonas” that appears in the video game so resembled her that the avatar qualified …
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Copyright Law in the Age of Twitter
April 17, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes. For example, the U.S. District Court for the Southern District of New York recently decided an issue …
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Insurance Update
April 16, 2018 | Robert Tugander | Insurance Coverage
Like the weather so far this spring, our April Insurance Update offers a “mixed bag” of insurance decisions.  In our update, you’ll find answers to the following questions: When does the completed-operations hazard apply to asbestos bodily injury claims? A campground caretaker shoots a camper.  Is there an “occurrence” from the owner’s standpoint? A vintage …
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OIG Report Reminds PT Service Providers to Review Billing Practices
April 16, 2018 | Geoffrey R. Kaiser | Ada Kozicz | Health Services | Compliance Investigations & White Collar
A recent report issued by the U.S. Department of Health and Human Services, Office of Inspector General (OIG), estimates that 61% of claims submitted to Medicare for outpatient physical therapy (PT) services failed to comply with Medicare requirements. The OIG report serves as a reminder to PT providers about the importance of accurate billing and …
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US Companies: Prepare Now for May 25 GDPR Deadline
April 6, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
In a little more than six weeks, the most comprehensive revision of EU privacy rules in the past 20 years goes into effect, and the rules have broad implications for U.S.-based companies. On May 25, 2018, the European Union General Data Protection Regulation or GDPR , goes into effect. The following is an explanation of …
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In N.J., Data Holders Liable for Breaches Caused by Third-Party Users
April 5, 2018 | Nancy A. Del Pizzo | Privacy, Data & Cyber Law
New Jersey holders of individuals’ personal and confidential information are on alert that it is not enough to secure the data stored and/or used on their own platforms if that data is also accessed by a third party. On March 1, 2018, the Superior Court of New Jersey entered a Final Consent Judgment (the “Consent …
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Majkowski’s Glyphosate Update Published in ABA’s Mass Tort Litigation
April 4, 2018 | Paul V. Majkowski | Complex Torts & Product Liability
Paul Majkowski published an article entitled, “Update on Glyphosate: The Roundup MDL General Causation Daubert Hearings,” in Mass Torts Litigation, a publication of the American Bar Association’s Section of Litigation. The article discusses Judge Vince Chhabria’s comments in a Daubert hearing conducted on general causation as to non-Hodgkin’s lymphoma, which heard from a dozen witnesses. To read …
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Bank, Green and De La Hoz Author Article for ABA
April 2, 2018 | Catalina E. De La Hoz | Brian L. Bank | Scott R. Green | Employment & Labor | Commercial Litigation
Brian Bank, Scott Green, and Catalina De La Hoz co-authored an article entitled, “Recent Developments in Employment Law and Litigation” for the Tort Trial & Insurance Practice Law Journal. Click here to read the article. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded …
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New York Insurance Coverage Law Update
March 29, 2018 | Alan C. Eagle | Insurance Coverage
Second Circuit Rules Professional Services Exclusion In D&O Policy Barred Coverage For Facebook Investors’ Claims Against NASDAQ After conducting the initial public offering for Facebook, Inc., the NASDAQ public stock exchange was sued. NASDAQ settled for $26.5 million. An insurer that issued a directors and officers policy to NASDAQ contended that the claims against NASDAQ …
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A Cross-Border Perspective on Establishing a High-Growth Business
March 22, 2018 | Stella Lellos | Corporate
Stella Lellos co-wrote an article for USLAW Magazine entitled, “Small Business-Big Options: A Cross-Border Perspective on Establishing a High-Growth Business.” Click here to read the article. …
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Parental Advisory®? The Future of Trademark Registrations Post Tam
March 22, 2018 | Michael C. Cannata | Frank M. Misiti | Intellectual Property
Michael C. Cannata and Frank M. Misiti have published an article in USLAW Magazine entitled,” Parental Advisory®? The Future of Trademark Registrations Post Tam.” Click here to read the article. All rights reserved. Reprinted with permission from …
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Warning from DoH: HIPAA Compliance Doesn’t End When a Business Closes
March 19, 2018 | Benjamin P. Malerba | Ada Kozicz | Health Services
A recent settlement between the U.S. Department of Health and Human Services, Office of Civil Rights (the Department) and Filefax, Inc. serves as a stark reminder for covered entities and business associates that their obligation to comply with the Health Insurance Portability and Accountability Act (HIPAA) does not end simply because they close their business …
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Kaiser Published in Westlaw Journal
March 16, 2018 | Geoffrey R. Kaiser | Compliance Investigations & White Collar
Geoffrey R. Kaiser’s article, “Government Dismissal under the False Claims Act: Policy Change or Much Ado About Nothing?” was published in Westlaw Journal White Collar Crime in the March 2018 issue. Click here to read the article. …
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Linker Authors Article in Mealey’s Litigation Report
March 15, 2018 | Ian S. Linker | Insurance Coverage
Ian Linker was published in Mealey’s Litigation Reports: ERISA and Disability, in a commentary piece entitled, “Preemption Is Preemption. Or Is It? A Recent Fifth Circuit Decision Sheds Light on the Differences between Conflict and Complete ERISA Preemption.” Click here to read article. …
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Linker Publishes Article in FC&S Legal
March 13, 2018 | Ian S. Linker | Insurance Coverage
Ian Linker has published an article in FC&S Legal entitled, “To Thine Own Plan Be True: Burdens of Proof and Standards of Review Under Attack in ERISA – Benefits Litigation.” Click here to read article. …
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