Publications | Rivkin Radler

Recent Publications

Kern and Ullman Publish Article in Pratt’s Journal of Bankruptcy Law
September 17, 2020 | Cannabis

Bob Kern and Marc Ullman published the article, “Cannabis Investments and Exit Strategies: A Case Study” in Pratt’s Journal of Bankruptcy Law. The article discusses the easiness with which investors can make investments in cannabis companies. However, due to the risks, they would be well-advised to have an exit plan in the event their investment …
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NY Law Remains Unclear on Non-Party 5th Amendment Invocations and Negative Inferences
September 14, 2020 | Insurance Fraud

The Fifth Amendment “not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings.” Lefkowitz v. Turley, …
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Calculating Forfeiture Amounts to Withstand Eighth Amendment Challenges
September 3, 2020 | Insurance Coverage

Criminal defendants convicted of insurance fraud may challenge forfeiture amounts requested by prosecutors as excessive in violation of the Eighth Amendment to the U.S. Constitution. In recent years, various decisions by federal district courts in New York and the U.S. Court of Appeals for the Second Circuit have helped to explain the standard for calculating …
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Cannabis Investors and Producers Face Need for Due Diligence
September 1, 2020 | Cannabis

The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are getting themselves into. That is where “due diligence,” including understanding how the bankruptcy law applies to cannabis companies, …
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New York Insurance Coverage Law Update
August 31, 2020 | Insurance Coverage

Federal District Court Denies Insured’s Request To Add Claim For Bad Faith And Consequential Damages Based On Insurer’s Denial Of Coverage In this declaratory judgment action, the insured filed a motion for leave to add a new claim against his insurer for its alleged “bad faith” failure to indemnify him in the underlying bodily injury …
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Heller Publishes Article in The Banking Law Journal
August 27, 2020 | Banking

Michael Heller published the article, “Electronic Closings: Key Issues for Banks” in The Banking Law Journal. Click here to read the article. …
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Court Covers Broad Range of Topics in Insurance Rulings
August 26, 2020 | Insurance Coverage

As unique as the past term of the New York Court of Appeals was – taking place in the midst of the COVID-19 pandemic, which led the Court to eliminate oral arguments in March, April, and May and to hear oral arguments in June via videoconferencing – there were some important similarities to prior terms. …
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Insurance Update
August 21, 2020 | Insurance Coverage

The duty to defend takes center stage in this month’s Insurance Update, and particularly, when extrinsic evidence may be considered in assessing that duty. As it’s back to school time (whether virtually or in person), we thought we’d begin with a short quiz. Which of the following circumstances gives rise to an insurer’s duty to …
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Fighting Business Email Compromise Fraud in the COVID Era
August 17, 2020 | Privacy, Data & Cyber Law

For as long as companies have used internet applications, private and publicly owned businesses, law firms and other professional services organizations, and even public entities have faced potentially devastating financial harm and loss of public good will from “business email compromise” (BEC) fraud. A recent report by the Internet Crime Complaint Center (IC3) of the …
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EEOC Addresses Employees’ Opioid Use in New Guidance
August 14, 2020 | Employment & Labor

The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between the ADA and the country’s growing opioid crisis. The new guidance addresses three groups of employees: (1) individuals legally using opioids; (2) individuals who are …
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McNamara Publishes A.M. Best Article, “Reinsurance and BI Claims”
August 3, 2020 | Insurance Coverage

Peter McNamara’s article, “Reinsurance and BI Claims” has been published in the August 2020 issue of Best’s Review magazine. The article discusses how reinsurers need to evaluate their obligations, especially if legislation is passed expanding their exposure. Click here to read the article. Best’s Review: August 2020. Copyrighted A.M. Best Company, Inc. 2020. All Rights …
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Bank Publishes Article in Summer 2020 USLAW Magazine
July 30, 2020 | Privacy, Data & Cyber Law

Brian Bank published the article, “Cross-Border E-discovery in the Privacy Era,” in the Summer 2020 issue of USLAW Magazine. Click here to read the article. …
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New York Insurance Coverage Law Update
July 30, 2020 | Insurance Coverage

New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential co-operative units. After Rice and its subcontractors completed the renovation work, the Tamers complained of a draft so Rice returned and installed …
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Richman and Bushwack Publish Article in Mealey’s Elder Law Report
July 21, 2020 | General Liability

David Richman and Jacqueline Bushwack published the article, “The Invisible Tort: Preparing For The Defense Of COVID-19 Negligence Claims” in Mealey’s Elder Law Report. It was previously published in Mealey’s Personal Injury Report. The article discusses how lawsuits are likely to be brought up against businesses if someone thinks he or she contracted COVID-19 there. …
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You Can Be Compelled to Arbitrate Based on an Agreement You Didn’t Sign
July 21, 2020 | Commercial Litigation

As a general rule, parties cannot be forced to arbitrate a dispute unless they signed a clear and binding agreement to arbitrate. However, a recent decision issued by New York County Commercial Division Judge Barry Ostrager reminds litigants that parties, who invoke the benefits of an agreement requiring arbitration, may, in fact, be compelled to …
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