Recent Publications

Electronic Wills and Digital Estate Planning: Still in the Concept Phase
September 29, 2017 | Dennis Wiley | Trusts, Estates & Taxation
For trust and estate attorneys, the big news this summer from Florida was not Hurricane Irma, but Governor Rick Scott’s veto of proposed legislation to legalize what are often called “electronic Wills.” These are Last Will and Testaments that are digitally created, signed and stored online or on a tablet, smart phone or similar electronic …
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Furshpan Publishes DRI Trials and Tribulations Article
September 25, 2017 | Daniel E. Furshpan | General Liability
Daniel Furshpan’s article, “How to Successfully Impeach a Witness with Deposition Testimony,” appeared in the September 25, 2017, issue of Trials and Tribulations, the newsletter of DRI’s Trial Tactics Committee. To read the article, click here.   …
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The NAIC Cyber Security Model Law Is Ready for Its Debut
September 20, 2017 | Jay D. Kenigsberg | Privacy, Data & Cyber Law
The National Association of Insurance Commissioners (NAIC) has advanced its Insurance Data Security Model Law (“Model Law”) for likely adoption at its annual Fall National Meeting this December. The purpose of the new Model Law will be to improve the insurance sector’s ability to respond to cyber incidents. The “insurance sector” includes insurers, agents and …
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Insurance Update
September 18, 2017 | Robert Tugander | Insurance Coverage
For many of us, September marks the end of summer, back to school, and the return of football. Sticking with that theme, our September Insurance Update includes two cases by parents whose children had a little too much time on their hands. Our update also includes two cases involving a common summertime activity – boating.  …
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Employee Benefit Plan Review – From the Courts
September 18, 2017 | Norman L. Tolle | Insurance Coverage
Insurer Could Offset Monthly Disability Payments Against Plaintiff’s Part-Time Earnings, Third Circuit Rules The plaintiff in this case, a gastroenterologist, suffered a debilitating injury to her shoulder and underwent surgery in an attempt to repair the damage. The surgery was only partly successful and the damage from her injury prevented her, for a time, from …
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Can NY Employers Legally Terminate a Rally Protester?
September 14, 2017 | Brian M. Culnan | Daniel M. Bernstein
So you employ a white supremacist … Since August’s tragic events in Charlottesville, various social media feeds have identified protesters from the “Unite the Right” rally held on the University of Virginia campus. Several traditional media outlets have reported that subsequent public shaming of those identified as participants in the rally has caused companies to …
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Shapiro Publishes Article in Natural Products Insider
September 14, 2017 | Steven Shapiro | Health Services | Compliance Investigations & White Collar
Steven Shapiro has published an article in Natural Products Insider entitled, “A Legal Look at the Definition of ‘Clean Label’.” Click here to read the article. …
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Equifax Breach Update
September 13, 2017 | Shari Claire Lewis | Privacy, Data & Cyber Law
Equifax’s response to its recent data breach is evolving, and so should yours. Piling on to the initial public fury regarding Equifax’s announcement of its data breach weeks after it occurred is the outrage that many feel about the credit reporting agency’s response. Cyber pundits and the public at large were particularly peeved by Equifax’s …
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Heptig Authors VC-List Article
September 13, 2017 | Katherine A. Heptig | Corporate
Kate Heptig’s article, “Equal Isn’t Always Fair: How to Divide Founders’ Equity,” appeared in VC-List, an online publication for the venture capital industry. To read the article, click here. …
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How to Respond to the Equifax Security Breach
September 8, 2017 | Shari Claire Lewis | Privacy, Data & Cyber Law
Yesterday, Equifax, a company whose credit services are central to the financial activities of virtually every American, announced a massive security incident described by its CEO as an event that struck at the heart of what Equifax does. Approximately 143 million U.S. consumers had personal information, such as their names, social security numbers, birth dates …
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What the DACA Rescission Means for Employers
September 7, 2017 | Henry M. Mascia | Corporate
The Trump administration announced on Tuesday that it would end the Deferred Action for Childhood Arrivals program, known by the acronym “DACA.” The administration has, in effect, delayed the termination of DACA to allow Congress to pass legislation providing legal status to DACA recipients. Employers should know the implications for their obligations to verify work …
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New York Insurance Coverage Law Update
September 2, 2017 | Alan C. Eagle | Insurance Coverage
Insurer Failed To Demonstrate Insured’s Noncooperation, Second Department Rules The claimant sued ML Specialty Construction, Inc., alleging that her property had been damaged by construction work performed by ML on a neighbor’s property.  ML’s insurer retained counsel to defend ML. The insurer disclaimed coverage on the ground that ML stopped cooperating after five years, and …
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Obama-Era DOL Overtime Rule Struck Down
August 31, 2017 | Scott R. Green
After months in limbo, U.S. District Judge Amos Mazzant struck down the Obama Administration’s November 2016 rule that would have expanded overtime protections to millions of white collar workers.  Had it been implemented, the Fair Labor Standards Act’s “white collar” exemption threshold would have essentially doubled to just over $47,000 per year and would have …
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New Medicaid Planning Tool
August 22, 2017 | Jeffrey S. Greener | Trusts, Estates & Taxation
The most costly item in retirement isn’t housing; it’s healthcare. According to the AARP, some 70% of Americans will require long-term care during their lifetime. With nursing homes in New York costing $12,000 to $14,000 per month and the future of Social Security and Medicare unclear, many retirees risk financial ruin unless they have put …
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New York Insurance Coverage Law Update
August 22, 2017 | Alan C. Eagle | Insurance Coverage
“Vertical Exhaustion” Of Primary Policies Triggered Excess, But Excess Policies’ Prior Insurance Provision Limited Insured’s Recovery, Second Circuit Holds  Olin Corporation, a chemical manufacturer, contended that an excess insurer that had issued three consecutive annual policies had to indemnify it for environmental con-tamination that had taken place over a number of years at several manufacturing …
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