Recent Publications


Navigating the Impact of the 2024 Amendment to N.Y. C.P.L.R. §2106
April 25, 2025 | Commercial Litigation

Picture this: You’re sitting in your office checking your email for the third time to see if your client returned a notarized affidavit that needs to be e-filed by end of day. While time is ticking, you wonder how something so routine can suddenly feel so urgent.

After not hearing back for another hour, youRead More
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Directed Trusts in the Context of Special Needs Planning
April 24, 2025 | Trusts & Estates

Trustee selection for a beneficiary with special needs presents unique challenges. The decision includes practical considerations: the proposed trustee’s geographic proximity to the beneficiary; familiarity with the needs of the beneficiary; and the time, inclination and ability to properly execute the duties that are unique to a trustee administering a trust for a person with

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

Southern District Finds No Coverage For Legal Malpractice Action And Rejects Insured’s Argument That Insurer Improperly Handled Coverage Claim

John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the

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April 2025 Insurance Update
April 17, 2025 | Insurance Coverage

As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time whether a claim involving carbon monoxide poisoning is barred by the pollution exclusion. The court acknowledged

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It’s More Than Just the Money
April 15, 2025 | Corporate | Health Services | Dental Practice Counseling
The importance of analyzing both economic and noneconomic key issues for a successful health care transaction

With lowering interest rates and federal deregulation, 2025 promises to be a robust comeback year for health care mergers and acquisitions (M&A). At the same time, we’re likely to see more conservative pricing, especially as private equity investors

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Corporate Transparency Act Obligations for U.S. Companies Are No More
March 27, 2025 | Corporate

After many years of ups and downs, legal challenges, injunctions and deadline changes, the reporting obligations under the Corporate Transparency Act (CTA) have disappeared…for most.

On Friday, March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule eliminating the requirement that U.S. companies and persons report beneficial ownership information (BOI) under the

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Quality of Care Considerations in OIG’s Nursing Facility Compliance Guidance
March 25, 2025 | Compliance, Investigations & White Collar | Health Services

John Queenan, Mary Aperance and Jeff Ehrhardt wrote, “Quality of Care Considerations in OIG’s nursing Facility Compliance Guidance,” for the spring 2025 issue of USLAW Magazine.

The article details the Industry Segment-Specific Compliance Program Guidance for Nursing Facilities (ICPG) and how the guidance may be used as a basis for investigations and enforcement actions.

To read

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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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