September 26, 2023 |
We touch upon several topics in our September Insurance Update.
We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the courts address whether an insurer can maintain a late notice defense when it was aware of the suitRead More
September 19, 2023 |
This article addresses the “Texas Two-Step” litigation strategy when it comes to bankruptcy and discusses whether this strategy of utilizing the Chapter 11 process to handle mass tort litigation claims is fair, effective and will survive the scrutiny of the courts.
Mass-tort bankruptcy cases have been capturing headlines recently. Everyday household names have sought bankruptcyRead More
September 18, 2023 |
Aretha Franklin, the Queen of Soul, died in Michigan in 2018, leaving not one but two handwritten wills. The 2010 will was found in a locked cabinet, signed on every page and notarized, while the 2014 will, which the courts would usually view as superseding the first and which was written in a spiral notebookRead More
September 13, 2023 | |
Like it or not, technological changes are on the horizon for the legal profession. This article highlights how lawyers will need to consider the ways in which technology tools can improve the way they serve insurers—while also being aware of the risks.
Thanks to the COVID-19 pandemic, technology has changed how lawyers serve insurers. TheRead More
September 11, 2023 |
In 1992, New York became the first state in the nation to enact a decanting statute, namely, New York Estates, Powers and Trusts Law (EPTL) 10-6.6. The statute subsequently was modified several times. The 2011 amendment was notable because it greatly liberalized the statute’s application. Today, New York’s decanting statute is a tool frequently usedRead More
September 6, 2023 | |
In our previous article, we detailed the role and importance of the letter of intent (LOI) in establishing a framework for selling a dental practice. Now we will discuss the next step in the transaction – performing due diligence.
Due diligence is the process through which each party evaluates the other party(ies) to determine whetherRead More
August 31, 2023 |
The U.S. District Court for the Southern District of New York has denied defense motions to dismiss federal healthcare fraud conspiracy charges predicated on allegations that the defendants falsely represented to no-fault automobile insurance carriers that five medical professional corporations were owned, operated, and controlled by physicians in accordance with New York law.
The decisionRead More
August 30, 2023 |
Western District Holds That Employee Exclusion Does Not Preclude Coverage To Additional Insureds For Claim By Named Insured’s Employee
Employees of a subcontractor were injured on a construction project, and they sued the owner and the general contractor. The subcontractor’s excess insurer, Mt. Hawley Insurance Co., disclaimed additional insured coverage to the owner and generalRead More
August 24, 2023 |
Daniel E. Furshpan and Ibtidanoor Rahman authored the US LAW Magazine article, “AI Adoption Poses Privacy Legal Pitfalls.”
With Artificial Intelligence (AI) performing tasks with human-like intelligence, many companies find themselves wondering how this new technology will impact their industry. From a legal perspective, there are new concerns about “data privacy and security along with questionsRead More
August 22, 2023 |
We bring you our August Insurance Update.
Mental state, in some form, is the common theme running through our first three cases this month.
The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary duties to shareholders, were entitled to a defense under the company’s CGL policy.Read More
August 21, 2023 |
During this past term, the Court of Appeals decided a number of important insurance law questions and cases involving insurance carriers that established precedents for insurers and for other parties. The opinions of the Court in the four cases discussed here were written by different judges. Moreover, three were unanimous and reversed the rulings below.Read More
August 15, 2023 |
Long Island is especially beautiful in late summer and early autumn. The sizzling summer heat has started to fade, the leaves on the area’s stately trees are green, and the warm water temperatures continue to attract beachgoers. It also is a time when the New York area typically experiences peak hurricane season. Hurricanes and otherRead More
August 14, 2023 | |
In April 2021, the Administration for Children’s Services (ACS) filed a petition in Brooklyn Family Court alleging that an uncle who was legally responsible for his nephew had neglected the child by providing inadequate supervision and guardianship and by neglecting his education. Among other things, ACS offered the court voice recordings that it claimed supportedRead More
August 2, 2023 | |
Steven Shapiro and Marc Ullman wrote the article, “What Dietary Supplement Companies Can Do to Address Potential Counterfeiting of Their Products,” for the August 2023 issue of Nutrition Industry Executive.
The article explains how counterfeit products are going mainstream by moving to legitimate websites. It details how two dietary supplement companies determined that a fraudsters wereRead More
August 2, 2023 | |
In its August 2023 issue, Vitamin Retailer published Marc Ullman’s article, “Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore.”
The article explains how counterfeiters have entered the dietary supplements market and how their products have been able to proliferate. It also offers some advice on how consumers and retailers alike can protect themselvesRead More
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