Recent Publications


LIBN Op-Ed — Supreme Court Restricts EPA’s Environmental Protections
July 11, 2024 | Environmental

On July 11, Long Island Business News published Chris Murray’s opinion piece, “Supreme Court Restricts EPA’s Environmental Protections.”

Here is the full text.

While the Supreme Court’s decisions regarding the election, immunity and abortion access received the most attention this year, two decisions regarding the power of administrative agencies will severely limit the Environmental Protection

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Supreme Court Rejects Purdue Pharma’s Bankruptcy Plan
July 11, 2024 | Bankruptcy

On June 27, 2024, the U.S. Supreme Court blocked a $6 billion bankruptcy settlement in Harrington v. Purdue Pharma L. P., No. 23-124, 2024 WL 3187799, at *11 (U.S. June 27, 2024). The Court found that the Bankruptcy Code does not support a Chapter 11 bankruptcy plan over the objection of claimants, that shields the

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Supreme Court Finds Insurers Have Standing in Chapter 11 Bankruptcy Proceedings
July 11, 2024 | Bankruptcy | Insurance Coverage

The U.S. Supreme Court on June 6, 2024, held that an insurer with a financial responsibility for bankruptcy claims is a party in interest and has standing to raise and be heard on issues in a Chapter 11 proceeding.

In Truck Insurance Exchange v. Kaiser Gyspum Co., Inc., et al., No. 22-1079, the Supreme Court

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HHS OIG Issues Information-Blocking Disincentives for Certain Health Care Providers
July 9, 2024 | Compliance, Investigations & White Collar | Health Services

On June 24, 2024, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) announced a final rule that establishes disincentives for certain health care providers that have committed information blocking, or any activity that is likely to hamper access, exchange, or use of electronic protected health information (PHI). This rule applies

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The Case of ‘Gas Station Heroin’
July 1, 2024 | Compliance, Investigations & White Collar

Is It Necessary for Congress to Amend the FD&C Act for FDA to Have the Authority to Prohibit Tianeptine’s Sale?

If the answer to this question is “no,” why are bills being introduced into Congress to give the U.S. Food and Drug Administration (FDA) expanded authority to regulate dietary supplements?

“Gas station heroin” is a

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Fader Writes and Speaks on Neuromonitoring ‘Surgeon Deals’
June 28, 2024 | Compliance, Investigations & White Collar | Health Services

Eric Fader co-authored the article “OIG Advisory Opinion Cautions Against ‘Surgeon Deals’ in Neuromonitoring” in SpineLine, the magazine of the North American Spine Society (NASS), with Dr, Rich Vogel, Co-Chair of the NASS Section on Intraoperative Neurophysiological Monitoring (IONM).

The article includes a detailed analysis of the U.S. Department of Health and Human Services’ Office

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New York Insurance Coverage Law Update
June 27, 2024 | Insurance Coverage

Second Department Finds Duty To Defend But No Bad Faith And That Insurer Did Not Have An Obligation To Advise Insured Of Right To Independent Counsel

The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence

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BEWARE: Redemption Agreement Funded with Corporate-Owned Life Insurance
June 25, 2024 | Trusts & Estates | Corporate | Tax

On June 6, 2024, in the case of Connelly v. United States, the United States Supreme Court determined that corporate-owned life insurance proceeds used to redeem a decedent’s shares in the corporation must be included when valuing those shares for federal estate tax purposes.

A decedent’s taxable estate includes the fair market value of shares

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Ullman Publishes Article on FDA Siloing
June 24, 2024 | Compliance, Investigations & White Collar

Marc Ullman recently authored “The Problem Isn’t DSHEA — It’s FDA Siloing” in Natural Products Insider.

In the article, Marc explains the dangers of the silo effect and how it limits interactions between members of different branches of the FDA. This results in reduced productivity and the issuing of only single-center warning letters on noncompliant

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Insurance Update
June 24, 2024 | Insurance Coverage

Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now clarified California law and joins the majority of jurisdictions finding no coverage for these types of claims.

A scooter rider sought PIP benefits under New Jersey’s

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Novikoff’s Employment Law Reporter Published in Employee Relations Law Journal
June 19, 2024 | Employment & Labor

Kenneth Novikoff’s Autumn 2024 issue of the Employment Law Reporter was published in the Employee Relations Law Journal Autumn 2024.

The column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition agreements.

Read the full column here.

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To Gift, or not to Gift: Income Taxes vs. Estate Taxes
June 13, 2024 | Trusts & Estates | Tax

Giving assets away during lifetime to reduce estate taxes due upon your death is not the “no-brainer” it used to be. Sometimes, holding onto assets until your death lowers total taxes.

Income tax, gift tax and estate tax benefits can differ dramatically, depending on the income tax basis of the assets to be gifted or

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Law Firms Can Now Be Criminally Liable for Wage Theft. Is Yours?
June 4, 2024 | Employment & Labor

When Governor Kathy Hochul signed an amendment to the New York Penal Law this past fall, designating “wage theft” as a form of criminal larceny, she and the State Legislature targeted “bad faith” employers who violate New York’s Labor Law by improperly withholding timely payment of their employees’ earned wages.

The most recent amendment to

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New York Insurance Coverage Law Update
May 23, 2024 | Insurance Coverage

Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds

87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were insured by Country Mutual Insurance Company. A fire destroyed one building (Building D), and the owner made a claim for

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New York Enacts Transfer-on-Death Deed Law
May 21, 2024 | Trusts & Estates

On April 20, 2024, New York State adopted legislation that allows for so-called transfer-on-death (TOD) deeds as part of its Fiscal Year 2025 Executive Budget. The TOD Deed Law, which takes effect on July 19, 2024, will be codified as a new Section 424 of the N.Y. Real Property Law.

Similar to a payable-on-death designation

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