Recent Publications


NJ Supreme Court: Consumer Fraud Act Exceptions Exempt Insurance Pros
July 22, 2026 | Professional Liability | Insurance Coverage

On July 15, 2026, the New Jersey Supreme Court held that insurance brokers, producers, and agents are not “learned professionals,” and therefore are not exempt from liability under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 et seq. In so holding, the Court eradicated the previously recognized, judicially created “semi-professional” exception and further clarified the definition

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July 2026 Insurance Update
July 21, 2026 | Insurance Coverage

If you had the pollution exclusion on your betting card, then you hit the trifecta this month. Our first three cases in this month’s update involve pollutants.

The term “pollutant” is broadly defined in most policies, but still, courts sometimes wrestle with what qualifies as a pollutant.

A CGL policy included “carbon monoxide and other

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Guest Column: Preserving parental decision-making rights
July 20, 2026 | Trusts & Estates

One issue that resonates with many parents is the loss of control over decisions involving their children once they turn 18. While we may know better, an 18-year-old is generally considered an adult under New York law.

Many are just beginning their journey into adulthood, whether they are starting advanced training, heading off

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LIBN Op-Ed: Supreme Court’s decision politicizes agency appointments
July 10, 2026

On July 10, Long Island Business News published Chris Murray’s opinion piece: “Supreme Court’s decision politicizes agency appointments.”

Here is the full text of the essay.

While most attention is being paid to the Supreme Court’s decision to uphold birthright citizenship, the most far-reaching decision of the recently ended Supreme Court term was Trump v. Slaughter, which

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When a Will Is a Good Idea
July 8, 2026 | Trusts & Estates

If you have trust; or don’t have children; or it’s just you, your spouse and your kids; you might think you don’t need a will, but it depends on the nature of your assets and how you want them handled when you’re gone.

A last will and testament directs your executor how and to whom

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June 2026 New York Insurance Coverage Update
June 30, 2026 | Insurance Coverage

Second Department Finds No Coverage Because Underlying Claims Do Not Fall Within Policy’s Classification Limitation Endorsement

Two workers employed by Steel Fab NY, Inc., were injured performing steel erection work at a construction project. Each filed a bodily injury action against the project’s owner and general contractor who, in turn, filed third-party actions against Steel

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Mass Torts Through the Decades
June 29, 2026 | Complex Torts & Product Liability

Paul Majkowski wrote the article, “Mass Torts Through the Decades,” for the Summer 2026 issue of USLAW Magazine.

Although the targets of tort actions have varied over the years, the legal issues and the trend toward seeking class action relief remain constants.

To read the article, click here. To read the full USLAW Magazine issue,

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Florida SC Reduces Standard of Proof for Punitive Damages
June 26, 2026 | Commercial Litigation

A recent Florida Supreme Court decision lowered the standard of proof governing the pursuit of, or opposition to, a claim for punitive damages at the pleading stage. The lowered threshold may make it easier for attorneys and their clients to plead and pursue such claims and ultimately use it as a basis to accelerate discovery

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NJ Local Civil Rule Amendment May Benefit Federal Legal Malpractice Defendants
June 26, 2026 | Professional Liability

The U.S. District Court for the District of New Jersey has proposed an amendment to Local Civil Rule 16.1 that would require litigants in professional malpractice or negligence matters to address affidavit of merit issues at initial conferences before the magistrate judge. The proposed change allows professional malpractice defendants to identify affidavit of merit-related disputes

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NYS Hospitals, Nursing Homes Must Adopt Violence Prevention Programs
June 26, 2026 | Compliance, Investigations & White Collar | Health Services

New workplace safety mandates are on the horizon for certain New York healthcare providers. Under recently enacted Public Health Law section 2832, covered facilities – defined as general hospitals and nursing homes – must establish workplace violence prevention programs by September 18, 2027. In addition, general hospitals must conduct annual workplace safety and security assessments

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DOJ Sues New York and PPL Over Alleged Fraud in Revamping CDPAP Program
June 24, 2026 | Compliance, Investigations & White Collar | Health Services

On June 16, The Department of Justice (DOJ) sued the New York Department of Health (DOH), the DOH Medicaid Director, and Public Partnerships LLC (PPL) – the Georgia-based company selected by DOH in 2025 to manage New York’s Consumer Directed Personal Assistant Program (CDPAP) – in federal district court. The lawsuit alleges that the defendants

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Preserving a Residence While Qualifying for Medicaid
June 23, 2026 | Trusts & Estates | Elder Law

Medicaid is a jointly funded federal and state program that provides health insurance coverage, including long term care services, to eligible New Jersey residents. Although every state receives federal funding and must comply with federal guidelines, each state administers its own program and establishes its own eligibility requirements. As a result, Medicaid eligibility rules, including

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June 2026 Insurance Update
June 17, 2026 | Insurance Coverage

In this month’s insurance update, we discuss opioids, trademarks, pre-tender defense costs, and allocation. Choice of law factors in heavily. In three of the cases, the jurisdiction whose law applied was important to the ultimate outcome.

Having home court advantage can often make the difference between a win and a loss. That is, unless you’re

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Companies Advised to Treat Sophisticated AI Prompts as Intellectual Property
June 15, 2026 | Intellectual Property

Much legal discussion about artificial intelligence (AI) focuses on whether using unauthorized content to teach AI is transformative, and therefore, not infringement, or the rights and liabilities of AI-created content. What is not often mentioned is the interplay between the development of sophisticated prompts and intellectual property rights.

Sophisticated prompts are complicated instructions provided to

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Guest Column: Do I need a will? Can I do it myself?
June 15, 2026 | Trusts & Estates

Whether you need a will is not as simple to answer as you may think. And if you do need one, should you save money by doing it yourself through an online program? Saving money now could prove costly later.

Continue reading

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