Recent Publications

Insurance Update
December 19, 2017 | Robert Tugander | Insurance Coverage
It’s a busy time of the year, and courts have been busy tackling the following insurance questions: Municipalities sued pharmaceutical companies for deceptively marketing opioids. Are the companies entitled to a defense from their insurers? Owners of a custom built home discovered mold contamination caused by poor construction.  Does the faulty workmanship exclusion bar their …
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New York Insurance Coverage Update
December 19, 2017 | Insurance Coverage
New York Federal Court Upholds Insurer’s Decision To Void Policy For Material Misrepresentation In Application An application submitted by the insured’s broker for insurance on an apartment building in the Bronx indicated that the building was not vacant and was not undergoing any major renovations. The policy was issued and the building was subsequently vandalized. …
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The Ties That Bind: Second Circuit Rejects Trade Dress for Plastic Bag Closures
December 18, 2017 | Michael C. Cannata | Frank M. Misiti | Intellectual Property
Businesses must give careful consideration to ensuring that their trade dress is not functional.  A determination of functionality is fatal to any claim that a product contains a protectable trade dress.  In Schutte Bagclosures, Inc. v. Kwik Lok Corp., 699 F. Appx. 93 (2d Cir. 2017), the Second Circuit recently underscored the importance of functionality …
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United States Supreme Court Bankruptcy Update
December 14, 2017 | Matthew V. Spero | Jeannine M. Farino | Bankruptcy
The United States Supreme Court granted certiorari and decided three bankruptcy cases this year that all bankruptcy practitioners should be aware of. Czyzewski v. Jevic Holding Corp. On March 22, 2017, the United States Supreme Court rendered a crucial and fundamental decision that significantly affects the ability of parties to a Chapter 11 bankruptcy case …
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Year-End Deadline for NY Medicaid Providers and Third-Party Billers
December 13, 2017 | Benjamin P. Malerba | Ada Kozicz | Health Services
New York State Medicaid providers who claim, order or receive at least $500,000 from the Medicaid Program in any consecutive 12-month period have until December 31 to certify that they have implemented a compliance program aimed at detecting and preventing Medicaid fraud, waste and abuse. This requirement also applies to third-party billing companies that bill …
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Substance Use Providers Beware: New Patient Record Release Requirements
December 13, 2017 | Carol A. Hyde | Ashley S. Osadon | Health Services
Substance use treatment providers and rehabilitation centers should use caution when reviewing and approving written consents for the disclosure of substance use patient records, specifically consents authorizing disclosure to government agencies, as such requests frequently do not comply with new SAMHSA regulations. On January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) …
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Equifax: Why This Data Breach Is Different from All the Others
December 7, 2017 | Shari Claire Lewis | Amanda Gurman | Privacy, Data & Cyber Law
Shari Claire Lewis and Amanda Gurman authored an article, “Equifax: Why This Data Breach Is Different from All the Others,” which appeared in the November 2017 edition of Westlaw Journal White Collar Crime. To read the article, click here. …
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Employee Benefit Plan Review – From the Courts
December 7, 2017 | Norman L. Tolle | Insurance Coverage | Employment & Labor
Plaintiffs’ Claimed Violation of California’s “Day of Rest” Law Fails The plaintiffs in this case, former California employees of Nordstrom, Inc., a retail department store, sued the company, alleging that it had violated the provision of the California Labor Code granting employees a right to one “day’s rest” in seven. One of the plaintiffs alleged that, while …
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Trump DOL’s Proposed New Rule to Allow Employers to Pocket and Redistribute Tips
December 7, 2017 | Scott R. Green | Johanna Sanchez | Employment & Labor
The Trump Administration’s Department of Labor has proposed a new tip rule that could rescind a 2011 regulation enacted during the Obama administration that mandates employers distribute tips to their tipped employees. The proposed rule, which was published in the Federal Register on December 5, 2017, would allow restaurant owners to pool tips and share …
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Starting Jan. 1, IRS Can Collect Tax Deficiencies Directly from Partnerships
December 5, 2017 | Katherine A. Heptig | Tax | Corporate
A new audit regime, effective January 1, potentially shifts tax liabilities among partners. Starting in 2018, the IRS will be authorized to collect tax deficiencies directly from a partnership (including LLCs taxed as partnerships). This will result in current partners bearing tax liabilities relating to prior taxable years, even though the partnership may now have …
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Insurance Update
November 20, 2017 | Robert Tugander | Insurance Coverage
Exclusions are front and center in this month’s Insurance Update. We discuss the ubiquitous but seldom applicable war exclusion, the professional services exclusion, the intellectual property exclusion, and the workmanship and earth movement exclusions. Other topics in this month’s update include late notice and prejudice, a Missouri appellate court’s allocation ruling, and what happens when …
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Obligations of Prosecutors and Defense Attorneys to Prevent False Testimony
November 15, 2017 | Christopher M. Casa | Insurance Fraud
Christopher Casa authored an article, “Obligations of Prosecutors and Defense Attorneys to Prevent False Testimony,” which appeared in the November 2017 issue of Nassau Lawyer. Click here to read the article. This article is reprinted with permission by the Nassau County Bar Association. …
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New York Medicaid Trusts: The Devil Is in the Details
November 14, 2017 | Dennis Wiley | Trusts & Estates
Irrevocable Medicaid trusts can be a powerful tool for families seeking to protect assets from the costs of long-term care, if drafted and administered properly. A failure of either can create bad blood within the tightest of families, with resulting financial repercussions, so the Suffolk County Surrogate’s Court reminds us in its September 7, 2017, …
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Deadline Fast-Approaching for Medicaid Managed Care Participating Providers
November 7, 2017 | Geoffrey R. Kaiser | Ashley S. Osadon | Compliance Investigations & White Collar | Health Services
The deadline for required enrollment with Medicaid under the Federal 21st Century Cures Act (Cures Act) is fast approaching. Currently, Medicaid Managed Care providers are sending mass mailings to their participating providers with notices of required compliance. By December 1, 2017 certain participating healthcare providers of New York State Medicaid Managed Care plans or the …
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Appellate Term Split on Payment of Disputed No-Fault Claims
November 2, 2017 | Evan H. Krinick | Insurance Coverage
Unless resolved by the Appellate Division or by the New York Court of Appeals, or clarified by the legislature or the Department of Financial Services, the Appellate Term split will make it difficult for automobile insurers to accurately calculate premium rates for no-fault coverage or to know which claims of health care providers they should …
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