Recent Publications - Appeals


An Evolving Court Divides in New Insurance Cases
August 22, 2022 | Appeals

The Court is undergoing a remarkable, and continuing, makeover. After Chief Judge Janet DiFiore’s successor joins the Court, a majority of judges will have taken their seats since June 2021. Indeed, the Court’s most senior member, Judge Jenny Rivera, has not yet even served a full decade on the Court.

Recognizing that the Court has

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Insurance Rulings, Present and Past, by a Court in Transition
August 23, 2021 | Insurance Coverage

The New York Court of Appeals’ past term was as unusual a term as practitioners and judges ever could have imagined. Of course, COVID-19 continued to affect the Court’s operations. On top of that, the early retirement of Judge Paul Feinman, followed by his untimely death, the subsequent retirement of Judge Leslie Stein, and the

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Businesses Can Cautiously Proceed with Student-Athlete Sponsorship Deals
July 16, 2021 | Corporate

Businesses have been champing at the bit for a chance to collaborate more with college athletes for years. Until recently, however, those collaborations were not possible because college athletes were prohibited from profiting off their name and likeness and entering into sponsorship deals under the rules of the National Collegiate Athletic Association (NCAA).

Over the

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A Divided Bench Revealed in Top Court’s Commercial Cases
February 23, 2021 | Appeals | Commercial Litigation

When discussing the U.S. Supreme Court, commentators spend considerable time reviewing the decisions of the Court to create “lineups” of conservative versus liberal Justices and to speculate which Justices, or group of Justices, are the deciding or so-called “swing” votes. In cases raising constitutional issues involving prominent social issues, legal philosophies can be observed that

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Municipal Fraud in Focus as Local Governments Face Budget Woes
December 31, 2020 | Insurance Fraud

Nearly a decade ago, in October 2011, Preet Bharara, then serving as U.S. Attorney for the Southern District of New York, announced pension disability fraud charges against a number of individuals associated with the Long Island Railroad (LIRR). The complaint estimated a potential loss to the Railroad Retirement Board of more than $1 billion in

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Like Cloth Masks, Corporate Protections Are Not Absolute
July 9, 2020 | Corporate

We live in a different world than a few months ago. The existence of a pandemic in our community has impacted every aspect of our day-to-day life and has brought an unprecedented amount of uncertainty and anxiety as to the shape and tenor of our future experiences.

So, in order to enjoy some degree of

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How Will Trump’s Immigration Ban Affect You?
April 23, 2020 | Immigration

After a teaser on Twitter and a verbal preview during a press conference, President Trump has signed an executive order preventing certain foreign nationals from receiving an immigrant visa for the next 60 days. The purpose of the order is protecting United States workers from competition from foreign workers. In reality, however, the order will

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Diversity and Inclusion Matter, Even During a Pandemic
April 13, 2020 | Employment & Labor

As we all face these challenging times, it is  more important than ever to remain committed and focused on diversity and inclusion. Many employees, especially those who are underrepresented, may feel increasingly overlooked.

Rivkin Radler remains committed to our Development, Diversity and Inclusion initiative, and as a reminder of the importance of connectivity during these unusual days, the following are some helpful tips:

  1. Be cognizant of who you are assigning
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U.S. Department of Homeland Security Relaxes I-9 Requirements
March 20, 2020 | Employment & Labor | Immigration

In response to the current public health crisis, the United States Department of Homeland Security (DHS) announced today that it will allow certain employers to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9).

Under ordinary circumstances, employers must physically inspect the documents produced by employees to establish their identity and authorization

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NY Appellate Courts Cancel Oral Arguments and Suspend Filing Deadlines
March 18, 2020 | Appeals

The outbreak of COVID-19 presents the New York court system with unprecedented challenges.  New York’s appellate courts have responded by taking swift, decisive action.  Attorneys litigating in New York’s appellate courts should be aware of the modifications to oral argument and the deadlines established by court rules.

The courts have made other temporary changes, and

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