Recent Publications


Insurance Update
November 19, 2020 | Insurance Coverage
Our November Insurance Update touches upon some novel issues. Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy? Must a workers’ compensation carrier pay for medical marijuana costs? Does a pollution exclusion bar a landlord’s costs to …
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Best Practices for Virtual Court Hearings in Hospitals
November 18, 2020 | Health Services
The COVID-19 pandemic has had another, less-discussed effect on hospitals. Hearings that traditionally take place in hospitals – such as guardianships, retention, medication over objection, or assisted outpatient hearings – have shifted to a virtual platform. Below are some considerations for hospital personnel participating in virtual hearings. (1) Familiarize yourself with the technology Due to …
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Significant Changes to Simplify the OMIG Annual Compliance Certification Process
November 10, 2020 | Health Services
The New York State Office of the Medicaid Inspector General (OMIG) instituted changes to its annual compliance certification process, effective immediately. These changes apply to those Medicaid, Managed Medicaid, and Service Bureau providers subject to the mandatory compliance program requirements in Section 363-d of the New York State Social Services Law (SSL) and the Deficit …
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No-Fault Insurers May Obtain Non-Party Discovery in Fraud Cases
November 6, 2020 | Insurance Fraud
Fifteen years ago, the New York Court of Appeals ruled that a violation of a licensing requirement by a medical provider rendered the provider ineligible to be reimbursed by an insurance company for no-fault claims that had been assigned to the provider by an individual allegedly involved in an automobile accident. The court recognized that one …
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New York Insurance Coverage Law Update
October 28, 2020 | Insurance Coverage
Court Holds Employee Of Contractor Exclusion Precluded Coverage For Accident That Would Not Have Occurred “But For” Contractor’s Work Pierce Management, a general contractor, subcontracted with RJK Electric for electrical work on a drive-thru at a Starbucks.  Pierce’s project manager was allegedly injured while walking to his car in the parking lot by a grinder …
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Contact Tracing Raises Privacy Issues for Businesses to Consider
October 22, 2020 | Privacy, Data & Cyber Law
As more and more businesses throughout the state resume operations after the COVID-19 pandemic shutdown, they face a continuing concern about the virus from customers, employees, and vendors who come to their facilities. Many organizations have instituted temperature checks and inquire about symptoms, out-of-state travel, and other issues in an attempt to weed out individuals …
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Cuomo to Again Seek Legalization of Recreational Marijuana in NYS
October 21, 2020 | Cannabis
Earlier this week, Axel Bernabe, Assistant Counsel to NY State Governor Andrew Cuomo, indicated that he expected the state budget to once again include provisions legalizing the recreational use of marijuana and permitting the use of CBD (cannabidiol) in food and beverages. Bernabe disclosed the news during an interview with Canopy Growth Corp.’s David Culver …
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Insurance Update
October 19, 2020 | Insurance Coverage
Here’s what you’ll find in our October Insurance Update: Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases Ninth Circuit Rejects Excess Insurer’s “Improper Erosion” Theory Insurer Had No Duty to Defend Landfill Operator in Criminal Proceeding Stemming from Pollution Incidents, Fifth Circuit Holds Repeated Fuel Thefts by Truck Drivers Who Exploited Programming Glitch …
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The Time to Plan for Tax Code Changes Is Now
October 19, 2020 | Trusts & Estates
The election is only weeks away, and with it is likely to come significant changes to the tax code. Many economists anticipate that, regardless of the outcome, there will likely be tax increases to reduce the federal deficit, which now stands at over $3 trillion. Since those changes could take effect as early as January …
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Title Insurance Coverage And Easement Disputes: Case Update
October 15, 2020 | Real Estate, Zoning & Land Use | Insurance Coverage
David Leno, Peter McNamara, Matthew Spero, and Michael Heller published the article “Title Insurance Coverage And Easement Disputes: Case Update” in Mealey’s Emerging Insurance Disputes. Courts have issued several important decisions recently in cases involving title insurance coverage and easement disputes. In this article, the authors discuss a New York court decision resolving whether a …
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The Title Reporter — Fall 2020
October 7, 2020 | Insurance Coverage
Welcome to the Fall 2020 issue of The Title Reporter: A Legal Update for the Title Insurance Industry. This issue focuses on recent court decisions involving easements. It also discusses a factsheet released by the Consumer Financial Protection Bureau on disclosures of title insurance costs. We begin this issue of The Title Reporter with a discussion …
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The Employment Law Reporter
October 6, 2020 | Employment & Labor
Welcome to the Fall 2020 issue of The Employment Law Reporter! This issue of The Employment Law Reporter first discusses a number of recent employment discrimination cases and then reviews cases involving complaints stemming from non-competition  agreements. All of the decisions analyzed in this issue are by New York courts – federal and state. Many …
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The Cannabis Industry Is Risking It All
October 1, 2020 | Corporate | Insurance Coverage | Cannabis
James Lagios, Joshua Smith and Mark Wagner wrote, “The Cannabis Industry Is Risking It All,” for Mealey’s® Emerging Insurance Disputes. The article discusses the obstacles that cannabis-related businesses face when seeking to use insurance coverage to mitigate their operational risks. To read the article, click here.   …
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New York Insurance Coverage Law Update
September 30, 2020 | Insurance Coverage
SUM Endorsement In Commercial Automobile Policy Issued To LLC Deemed To Cover Its Sole Member As “Insured” Alan Tekel was struck by a vehicle.  After Tekel settled with the driver of the vehicle for the full limit of the driver’s auto policy, Tekel submitted a claim for supplementary underinsured motorist (SUM) benefits under a commercial …
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Mann Published in The CLM
September 24, 2020 | Insurance Coverage
Greg Mann was published in The CLM, “Malicious Prosecution Claims: Trend or Anomaly?” The article discusses recent decisions that have created a new wrinkle in the insurance coverage debate. Click here to read the article. …
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