Recent Publications

Exploring Limits Of Anti-Kickback Law Employee Safe Harbor
March 5, 2018 | Geoffrey R. Kaiser | Compliance Investigations & White Collar | Health Services
The federal Anti-Kickback Statute contains a statutory exception or “safe harbor” providing that the AKS will not apply to “any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.” 42 U.S.C. 1320a-7b(b)(3)(B) (emphasis added). Similarly, the parallel regulatory exception states …
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Employee Benefit Plan Review – From the Courts
March 2, 2018 | Ian S. Linker | Employment & Labor | Insurance Fraud
Fifth Circuit Holds ERISA Preempts Plaintiff’s Claims under State Law, and Plaintiff’s Claim for Equitable Relief Fails as a Matter of Law The plaintiff in this case sought to recover life insurance benefits under  an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Her deceased husband had been …
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Employee Relations Law Journal – From the Courts
March 2, 2018 | Norman L. Tolle | Employment & Labor | Insurance Coverage
Disability Policy Had to Provide Same Benefits for Mental Illness as for Physical Injury, Montana Federal Court Decides The plaintiff in this case worked as a claims adjuster for Farmers Group, Inc. After she became disabled due to her bipolar disorder, she applied for long-term disability benefits under the company’s group disability income plan, issued …
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Failure to Cooperate in Suspected Fraud Case Can Doom Insured’s Claim
March 1, 2018 | Evan H. Krinick | Appeals
After a policyholder submits a claim to an insurance company, the insurer investigates to determine whether to pay the claim, as the insurer is permitted to do under its insurance policy. On occasion, after an insurer has begun to investigate a claim, it may come to believe that the claim is fraudulent, or at least …
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New York Insurance Coverage Law Update
February 28, 2018 | Alan C. Eagle | Insurance Coverage
Auto Policy Covers Suit Alleging Passenger Tripped After Bus Arrived At Location, First Department Says  After a bus arrived at its destination, the driver unloaded the luggage. A passenger allegedly tripped while looking for her suitcase and sued the bus company. The Appellate Division, First Department, held that the bus company was entitled to a …
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N.J. Employers Seeking IP Rights From Employees Face New Obstacles
February 23, 2018 | Nancy A. Del Pizzo | Intellectual Property
Effective April 1, 2018, employers in New Jersey will no longer be able to use an employment contract to obtain rights to an employee’s inventions. Exceptions included in the legislation are whether the inventions (a) relate “to the employer’s business or actual or demonstrably anticipated research or development,” or (b) result “from any work performed …
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The One Thing Employers Need to Know for This H-1B Season
February 22, 2018 | Henry M. Mascia | Employment & Labor | Corporate
The H-1B visa program has come under intense public scrutiny over the last year. In response to perceived abuses in the H-1B program, President Trump issued the “Buy American, Hire American” executive order, which directed the Department of Homeland Security (DHS) to advance policies to help ensure H-1B visas are awarded to only the most-skilled …
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2018 Bipartisan Budget Act and Stark Law Amendments
February 21, 2018 | Geoffrey R. Kaiser | Jonathan D. Salm | Health Services | Compliance Investigations & White Collar
On February 9, 2018, Congress passed the Bipartisan Budget Act of 2018, providing a two-year budget agreement that increases federal spending, funds disaster relief efforts, and amends a number of healthcare programs, among a host of other changes. While the Act has broad implications for many aspects of U.S. law, one amendment in particular should …
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New York Extends Time to File Malpractice Claim
February 21, 2018 | Ada Kozicz | David E. Richman | Health Services | Medical Malpractice Defense
Governor Andrew Cuomo has signed a new law, known as “Lavern’s Law,” that extends the amount of time a patient has to file a medical malpractice claim for a missed cancer or malignant tumor diagnosis. Patients now have 2 1/2 years to file a claim from the date the misdiagnosis is discovered by the patient, …
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Rutkin Publishes A.M. Best Article entitled, “Cyber Health”
February 16, 2018 | Alan S. Rutkin | Insurance Coverage
Alan Rutkin’s article entitled, “Cyber Health,” has been published in the February 2018 issue of Best’s Review magazine. The article shows how most cyber coverage cases concern one or more of the following issues:  authority, causation, act and injury – ACAI. Click here to read the article. Best’s Review:  February 2018. Copyrighted A.M. Best Company, …
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Judge Weinstein Does Deep Dive Into Website Accessibility Lawsuits
February 16, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
More and more businesses are being sued by visually impaired individuals who claim that they cannot access or use their websites, in violation of Title III of the Americans With Disabilities Act (the ADA), 42 U.S.C. §12181 et seq., which prohibits discrimination on the basis of disability in the activities of “places of public accommodations,” …
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Linker Published in Mealey’s Litigation Report: ERISA
February 14, 2018 | Ian S. Linker | Insurance Coverage
Ian Linker was published in Mealey’s Litigation Report: ERISA in a commentary piece entitled, “To Fee, Or Not To Fee. That Is The Question: In Certain Cases, Arbitrating ERISA Benefits Cases May Enable Plan Fiduciaries To Avoid Paying Plaintiffs’ Attorney’s Fees.” To read the article click here. …
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Insurance Update
February 14, 2018 | Robert Tugander | Insurance Coverage
We bring you our February Insurance Update.  In this month’s issue: The Eighth Circuit considers if the “particular part” exclusion bars coverage for damage to an electrical transformer; A Pennsylvania federal judge determines whether a homeowners’ policy covers the costs to clean up a heating oil spill in the home’s basement; A Florida federal judge …
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Employee Benefit Plan Review – From the Courts
February 7, 2018 | Ian S. Linker | Insurance Coverage
California Federal District Court Determines “Document in Force” As an employee of NetApp, the plaintiff participated in the company’s long-term disability (LTD) plan, an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). NetApp was both the plan sponsor and plan administrator. The plaintiff’s job title with NetApp was …
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Feb. 15 Deadline Looms for NY’s Banking, Insurance and Financial Services Industries
January 31, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law | Insurance Coverage | Banking
New York based bank, insurance and financial service businesses face a February 15, 2018 deadline to submit their compliance certification to the State’s Department of Financial Services (DFS). New York’s Cybersecurity Regulation (23 NYCRR Part 500) was issued by DFS last March – the first such state regulation in the nation. The Regulation includes various …
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