Recent Publications - Appeals


Trump Administration Travel Restriction Explained
March 12, 2020 | Immigration

To slow the spread of the coronavirus (COVID-19), the Trump administration has temporarily suspended entry of foreign nationals in the European Union into the United States.  The full Presidential Proclamation can be found here.

This decision comes on the heels of a similar travel restriction on foreign nationals who had been physically present in China

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Pay Notice to Special Relationships under the Law
March 3, 2020 | Commercial Litigation

With Valentine’s Day in our rear-view mirror, it is nice to reflect on the special relationships in our life – with our spouse, our parents, our children, and if one is lucky enough, with our grandchildren. These relationships provide meaning and perspective to our day-to-day existence and can provide immeasurable joy and happiness.

Special relationship

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In Football and Litigation, Avoid Self-Inflicted Wounds
February 5, 2020 | Commercial Litigation

Football is a game of statistics and more statistics, as any fantasy football fanatic can tell you. But if you want to predict which team will win, one statistic is particularly telling. In fact, from 2007 to 2016, the team that had the fewest turnovers in a game won 78 percent of the time. On the other

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In Business Deals, the Details Matter
January 7, 2020 | Commercial Litigation | Corporate

The “devil is in the details.”

How many times has that truism been proven true? Like when your high school child tells you that he and his friends are off to Mexico for spring break. Or when a travel agent lets you in on the deal of a lifetime for an all-inclusive cruise to a

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The Broad Reach of the Medicare Fraud Strike Forces
January 3, 2020 | Appeals

It has been over a decade since the U.S. Departments of Justice and Health and Human Services (HHS) jointly created the federal government’s first Medicare Fraud Strike Force (MFSF) in South Florida. Their goal was to reduce and prevent Medicare and Medicaid fraud through enhanced interagency cooperation. Since then, the program has grown to 15

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N.Y. Court of Appeals Poised To Resolve Split Over Bad Faith Suits Against Insurers
October 31, 2019 | Appeals

After hearing oral argument earlier this month in Haar v. Nationwide Mutual Fire Ins. Co., 32 N.Y.3d 1211 (2019), the New York Court of Appeals is set to decide an important issue of insurance law and statutory interpretation that has divided the Appellate Division Departments.

In Elkoulily v. New York State Catholic Heathplan, 153 A.D.3d

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Common sense is key to staving off fraud
October 16, 2019 | Appeals

Two truisms: 1) smart people do stupid things; and 2) if something seems to be too good to be true, then it is probably not real. The first truism occurs when people forget the second truism.

A persuasive salesperson, or a snappy marketing campaign, catches your attention. It sounds like something you have always wanted

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Like true love, a general release lasts forever
August 26, 2019 | Appeals

Philosophically speaking, nothing lasts forever. Of course, romantics will tell you that true love lasts forever. In the world of litigation, the general release is the equivalent of true love – it never loses its power and force.

A general release is a document that frees a person or business from ever being sued about

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EB-5 Immigrant Investor Program to Undergo Changes
July 30, 2019 | Immigration

After 26 years, the U.S. Citizenship and Immigration Services (USCIS), a component of U.S. Department of Homeland Security (USDHS), published a new rule modernizing the Immigrant Investor Program with several changes. This is the first substantial revision to the Employment-Based Immigration: Fifth Preference or EB-5 Immigrant Investor Program since the program’s enactment in 1993. This

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Late notice of a contract breach is a recipe for disaster
July 22, 2019 | Appeals

“Seinfeld” was a great television show, maybe the greatest of all time. I could make the case for “Taxi,” but I digress.  One of my favorite Seinfeld episodes is when Jerry makes a reservation for a car rental, only to get to the rental counter and find out that they have his reservation but do

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