Recent Publications


March 2025 New York Insurance Coverage Law Update
March 24, 2025 | Insurance Coverage

Southern District Holds Named Insured’s Late Notice Prejudice Relieves Its Insurer Of Obligations Under Policy; Other Insurer Estopped From Denying Additional Insured Coverage; And Vertical Exhaustion Applies Because Of Contractual Indemnification Pass-Through

The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure

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March 2025 Insurance Update
March 21, 2025 | Insurance Coverage

In this month’s update, we discuss cases involving related wrongful acts, wildfires, concealment of a weapon, concealment of climate risks, and road rage.

We begin in Delaware, where the state’s high court determines whether a securities action is related to an earlier SEC investigation and subpoena for purposes of determining which claims-made policies apply.

In

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Quick Bites: Estate Planning Part 2
March 17, 2025 | Trusts & Estates

Remember, as a general concept, estate planning allows an individual to plan not only for what happens to his or her estate upon death, but also how his or her affairs are handled during life. There are certain documents that each person should have in order to accomplish these objectives. In Back to Basics: Estate

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Don’t Leave Your Final Wishes Open to Interpretation
March 10, 2025 | Trusts & Estates

The media is filled with stories of deceased celebrities whose final wishes were either unknown or the subject of dispute. An important lesson: You can retain control of your finances after incapacity and remain in control of your visitation, funeral and burial (or cremation) plans after death, provided you have a comprehensive estate plan in

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Decanting Trusts: Sometimes You Can Change the Terms of an Existing Trust
March 7, 2025 | Trusts & Estates

Sometimes, the terms of an irrevocable trust (one that cannot be amended or revoked) were appropriate at the time the trust was created, but subsequent events or circumstances make the terms of the old trust impractical, unwanted, or obsolete. So, what can be done?

Sometimes, the terms of a trust permit the trustee to make

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Frank Fritz’ Will is ‘Picked’ for a Will Contest
March 4, 2025 | Trusts & Estates

A high-profile will contest hammers home the need for proper estate planning.

Frank Fritz, star of the History Channel show “American Pickers,” suffered a stroke, became incapacitated, and died on September 30, 2024, at age 60. Before he passed away, his friend, Chris Davis, became his legal guardian. Fritz’ will was submitted for probate on

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February 2025 New York Insurance Coverage Law Update
February 24, 2025 | Insurance Coverage

Southern District Enforces New York Choice-Of-Law Provision And Holds Insured’s Late Notice Relieves Insurer Of Obligations Under Policy

The insured is a Texas-based hotel operator. A windstorm damaged one of its hotels in Texas and three months later the insured reported the loss to Mt. Hawley Insurance Company, its commercial property insurer. The policy provided

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H-1B Registration Opens in 2 Weeks
February 21, 2025 | Corporate | Labor & Employment | Immigration

Each year, the United States Citizenship & Immigration Services (USCIS) conducts an H-1B registration selection process for foreign nationals who have not previously held H-1B status. The H-1B cap registration period for fiscal year 2026 will open at noon eastern time on March 7, 2025, and will run through noon eastern time on March 24,

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February 2025 Insurance Update
February 21, 2025 | Insurance Coverage

The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues.  The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers from having to defend Home Depot against claims over the costs of reissuing payment cards.

About two years ago, the Delaware Supreme

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CTA: Clear Deadline, Unclear Future
February 20, 2025 | Corporate

The Financial Crimes Enforcement Network (FinCEN) has announced that beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are once again back in effect and the new deadline for most businesses to report is March 21, 2025.

While businesses should be prepared to comply with this new deadline, FinCEN has noted that

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Living Wills, Health Care Proxies and Powers of Attorney
February 6, 2025 | Trusts & Estates | Elder Law

It is important for all adults to have advance directives in place to ensure that your wishes will be carried out if you become incapacitated. There are three basic types of advance directives: a living will, a health care proxy and a power of attorney.

A living will is a document in which you state

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The Secret Prior Art Problem Rears Its Ugly Head
January 31, 2025 | Intellectual Property

Most people know that patents require absolute novelty, but how is that determined? It’s determined on the basis of “prior art,” that is, patents and other disclosures (journal articles, presentations, websites) that were made prior to the filing date of the patent. In some instances, these dates can be tricky and open to dispute.

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January 2025 New York Insurance Coverage Law Update
January 27, 2025 | Insurance Coverage

Court Finds “Insured Location” Exception To Business Exclusion Inapplicable Because Insured No Longer Resided At Location And Insured Has Obligation To Know Policy Terms

The insured owned premises located in Huntington Station, NY. The Claimant was allegedly injured when she slipped and fell at the premises. The Claimant sued the insured and the insured sought

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SCOTUS Hands Down CTA Decision — FinCEN Says Reporting Requirements Remain on Pause
January 24, 2025 | Corporate

The Financial Crimes Enforcement Network (“FinCEN”) announced on Friday, January 24, 2025, that reporting companies are not currently required to file beneficial ownership information (“BOI”) under the Corporate Transparency Act (“CTA”). Despite the recent decision by the Supreme Court of the United States (“SCOTUS”) to overturn the nationwide injunction of the CTA in connection with

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Starting a Difficult but Important Discussion
January 23, 2025 | Trusts & Estates

Looking for a way to stop family arguments over politics? Well, who isn’t. A quick way to derail a familial political scuffle: Quietly announce that you want to talk about your will. The silence should be automatic.

It’s important to talk about your estate plan while you’re still around. An unexpected estate plan can leave

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