Recent Publications


Even the Best-Laid (Estate) Plans Sometimes Must Change
September 20, 2019 | Trusts & Estates
Despite the common misconception, estate planning is not only for the super-rich. At its core, proper estate planning ensures that your needs and those of your family will be met, now and in the future. A comprehensive estate plan will anticipate your lifetime needs as well as the distribution of your assets after your death. …
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4th and Long: Tom Brady Fumbles Attempt to Trademark TOM TERRIFIC
September 18, 2019 | Intellectual Property
There are many men named Tom. But only one of those Toms is “terrific” – Tom Seaver. The 12-time All-Star, three-time Cy Young Award winner and first-ballot Hall of Famer’s iconic performance in Game four of the 1969 World Series forever changed the course of the New York Mets franchise and, undoubtedly, played a pivotal …
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New York State Passes Sweeping Changes to Work Place Harassment Laws
September 17, 2019 | Employment & Labor
As we previously reported in our October 2018 Employment & Labor Bulletin, employers must ensure their anti-harassment policies meet the state minimum requirements and implement the state-required harassment prevention training on or before October 9th. For employers in New York City there are additional requirements under the Stop Sexual Harassment in NYC Act. In addition …
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Insurance Update
September 16, 2019 | Insurance Coverage
Our September Insurance Update features several state and federal appellate court rulings. We kick off this month’s issue with a decision that liability insurers will appreciate.  Courts differ as to whether coverage defenses based on lack of consent require an insurer to demonstrate prejudice.  The California Supreme Court explains that while prejudice may be required …
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A Tale of Two States: Fighting No-Fault Insurance Fraud Under Unfair Business Practices Laws
September 6, 2019 | Insurance Fraud
Insurance fraud is not only a New York problem, or even solely a northeast concern. Insurance fraud is prevalent across the country. In particular, no-fault insurance fraud can be found in every state with a significant no-fault insurance program. State legislatures have adopted a wide variety of statutes in an effort to protect consumers and …
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New York Insurance Coverage Law Update
August 29, 2019 | Insurance Coverage
Tenant’s Insurer Must Defend Shopping Center Owner As Additional Insured In Trip-And-Fall Suit, Eastern District Of New York Decides The claimant allegedly tripped and fell on the sidewalk while walking into a restaurant operated by Vintage Steakhouse, LLC.  Vintage leased the restaurant, which was in a shopping center, from Amelia Associate’s Inc.  Vintage’s insurer refused …
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Like true love, a general release lasts forever
August 26, 2019 | Appeals
Philosophically speaking, nothing lasts forever. Of course, romantics will tell you that true love lasts forever. In the world of litigation, the general release is the equivalent of true love – it never loses its power and force. A general release is a document that frees a person or business from ever being sued about …
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Employee Relations Law Journal – From the Courts
August 26, 2019 | Employment & Labor | Insurance Coverage
First Circuit Applies Abuse of Discretion Standard to Uphold Denial of Long-Term Disability Benefits The U.S. Court of Appeals for the First Circuit has upheld a claim administrator’s decision denying a claim for long-term disability (LTD) benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), finding …
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Tugander and Mann Author Article in ABA Insurance Coverage Newsletter
August 21, 2019 | Insurance Coverage
Rob Tugander and Greg Mann published an article in the ABA’s Insurance Coverage Litigation Committee Summer 2019 Newsletter entitled, “Sanders v. Illinois Union: The Start of a New Trend on Malicious Prosecution Trigger, or Simply an Outlier.” Click here to read the article. …
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Consumer Watchdog Warns of Security Risk of Internet-Connected Vehicles
August 20, 2019 | Privacy, Data & Cyber Law
In a recently issued report, titled “Kill Switch: Why Connected Cars Can Be Killing Machines and How to Turn Them Off,” Consumer Watchdog, a nonprofit consumer advocacy organization, warned that millions of internet-connected cars already on the roadways may be dangerously vulnerable to hacking. While fully autonomous self-driving vehicles may be years away from widespread …
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2019 Report Quantifies Data Breach Costs, Suggests Cost Mitigators
August 20, 2019 | Privacy, Data & Cyber Law
Organizations big and small are making significant investments in cybersecurity. Yet, unlike other investments, it’s difficult to assess a company’s return on investment for its cybersecurity spending. And while businesses in regulated industries must invest in cybersecurity to remain in compliance with prevailing laws and therefore stay in business, there is no such straight line …
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Facebook Finds Refuge in Section 230, at Least for Now
August 20, 2019 | Privacy, Data & Cyber Law
Section 230(c)(1) of the Communications Decency Act of 1996 (CDA) was enacted to facilitate the growth of the internet, by immunizing internet service providers (ISPs) from liability in connection with third party content that appeared on their “interactive computer service.” It states: “No provider or user of an interactive computer service shall be treated as …
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Insurance Update
August 19, 2019 | Insurance Coverage
Our August Insurance Update is now available. In November 2017, we reported on a California federal district court opinion regarding the TV series Dig, a production based out of Jerusalem.  The show’s producers moved the series out of Jerusalem after Hamas had fired rockets into Israel.  The relocation was costly and the producers sought reimbursement …
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Valverde Contributes to ABA Article
August 19, 2019 | Insurance Coverage
Frank Valverde contributed to recently published article for the American Bar Association’s Tort Trial & Insurance Practice Section Law Journal entitled “Recent Developments In Excess, Surplus Lines, And Reinsurance Law” (54 Tort Trial & Ins. Prac. L.J. 2, pp. 471-492 (2019)). Click here to read the article. …
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Court Issues Three Major Insurance Rulings, and Begins to Set the Stage for Next Term
August 19, 2019 | Insurance Coverage
The New York Court of Appeals decided three important insurance cases in its 2018-2019 term. Judge Rowan D. Wilson was the sole dissenter in the first two, with the Court reaching a unanimous decision in the third, and most significant, of the trio. The Court also began to arrange its insurance caseload for next term …
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