Publications | Rivkin Radler

Recent Publications

Insurance Update
January 21, 2020 | Insurance Coverage

Our January Insurance Update is packed with cases. We begin with state high court decisions addressing: (1) water and weather exclusions; (2) the validity of consent-to-settle provisions; and (3) whether an insurer breaches its duty to its insured by settling for policy limits without obtaining a liability release for the insured. We then move on …
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Gordon and Spero Author Article for Pratt’s Journal of Bankruptcy Law
January 16, 2020 | Bankruptcy

Stuart Gordon and Matthew Spero have authored an article, “Eighth Circuit Rejects Successor Liability For Asset Purchaser At Forclosure Sale,” for the January 2020 issue of Pratt’s Journal of Bankruptcy Law. Click here to read the article. …
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January 22 Deadline to File Claim in Equifax Settlement
January 16, 2020 | Privacy, Data & Cyber Law

On January 13, 2020, the United States District Court, Northern District of Georgia issued final approval of a settlement of a consumer class action against Equifax for the 2017 data breach that compromised the personal information of 147 million consumers. The settlement includes the establishment of a reimbursement fund of $380.5 million, as well as …
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Court Rejects “Certainty of Hopelessness” Standard for Discharging Student Debt
January 8, 2020 | Bankruptcy | Banking

Hon. Cecelia G. Morris, Chief Judge of United States Bankruptcy Court for the Southern District of New York, put down a momentous decision on January 7, 2020, granting summary judgment in favor of a debtor in an adversary proceeding seeking to have $221,385.49 in student loan debt declared dischargeable in bankruptcy. See, Rosenberg v. N.Y. …
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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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New Year, New You, New Tax Laws
January 3, 2020 | Trusts & Estates

A new law, which took effect on January 1, 2020, will change the tax treatment of retirement savings. The SECURE Act was signed by the President on December 20, 2019, and became Public Law No: 116-94[1]. The revised sections of the tax code make significant changes to the laws governing retirement savings. Many of the …
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Employee Benefit Plan Review – From the Courts
January 2, 2020 | Employment & Labor | Insurance Coverage

In Absence of “Qualifying Event,” Employer Did Not Have to Send COBRA Notice to Employee, Sixth Circuit Concludes The U.S. Court of Appeals for the Sixth Circuit, reversing a district court’s decision, has ruled that, in the absence of a change to the terms and conditions of the employee’s health insurance coverage, no “qualifying event” …
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Insurance Update
December 17, 2019 | Insurance Coverage

Readers of our monthly insurance newsletter may be familiar with the Sanders case. That’s the case that addresses the proper trigger for a malicious prosecution action. Since a wrongful conviction can lead to steep damages, which policy is on the hook for those damages can be an important issue for insurers. Earlier in the year, …
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FTC Acts on Online Privacy, With State Laws Looming
December 17, 2019 | Privacy, Data & Cyber Law

In 2019, businesses learned that they could no longer hide from the inherent tension between commercial use of individual data and individual privacy interests. Over the past month or so, the Federal Trade Commission (FTC) took a number of notable privacy-related actions against a host of companies regarding what it considered to be their problematic …
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Spero and Farino author Nassau Lawyer article
December 12, 2019 | Bankruptcy

Matthew Spero and Jeannine Farino authored, “Bankruptcy Update, United States Supreme Court,” for the December 2019 issue of the Nassau Lawyer. Click here to read the article. …
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Privacy & Cybersecurity Law Report – From the Courts
December 3, 2019 | Privacy, Data & Cyber Law

A number of courts recently have considered issues relating to individuals’ privacy, the First Amendment, and the public’s right to know. Here, Jay D. Kenigsberg reviews and examines several notable decisions involving these subjects. Montana Supreme Court Reverses Order to Release College Student’s Educational Records The Supreme Court of Montana[1] has reversed a trial court’s …
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Majkowski authors article in IADC Newsletter
December 2, 2019 | Complex Torts & Product Liability

Paul Majkowski authored, “Is an East Coast Version of Prop 65 in Our Future,” for the November 2019 issue of IADC – Toxic and Hazardous Substance Litigation Newsletter. Click here to read. …
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Home for the Holidays? Mind Your Elders
December 2, 2019 | Trusts & Estates

Going home for the holidays means different things to different people. If your plans involve older relatives, the holidays can provide insights that can help avoid disaster. It can be hard to know when and how to raise delicate age-related issues with your parents. How do you tell the person who taught you everything that …
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Employers and Employees Should Consider Their Stock Options
November 26, 2019 | Corporate

Kate Heptig wrote an article for VC-List.com about the advantages of stock options for attracting and retaining talent. Click here to read the article. …
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Employee Benefit Plan Review – From the Courts
November 19, 2019 | Employment & Labor | Insurance Coverage

Eleventh Circuit Affirms Denial of Plaintiff’s Request for Attorneys’ Fees The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court’s decision denying a plaintiff’s motion for attorneys’ fees under the fee-shifting provision of the Employee Retirement Income Security Act of 1974 (ERISA). THE CASE The plaintiff, who suffered from anorexia, was …
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