Recent Publications


Wendy And Jen Wreck the Movies – Citizen Kane (1941) Or Deposit Money, Not Children, in the Bank
January 20, 2022 | Trusts & Estates
What happened “Legendary was the Xanadu where Kubla Kahn decreed his stately pleasure dome.” Legendary too were the colossal errors made by Mary Kane in this celebrated classic movie which follows a journalist as he tries to uncover the meaning of Charles Foster Kane’s last words. Jim Kane and Mary Kane ran a Colorado boarding …
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The Employment Law Reporter
January 11, 2022 | Employment & Labor
Here is what we cover in this issue of The Employment Law Reporter: The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a former victim witness coordinator against her former employer – the U.S. Attorney’s Office for the Western District of New York. …
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NY AG: All Businesses Should Take ‘Credential Stuffing’ Attacks Seriously
January 10, 2022 | Privacy, Data & Cyber Law
Credential stuffing has quickly become one of the top attack vectors online, according to the Office of New York State Attorney General Letitia James (OAG). On January 6, 2022, the OAG announced the result of a sweeping investigation that discovered that 1.1 million online accounts had been compromised through credential stuffing accounts at 17 well-known …
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The Title Reporter — Winter 2022
January 10, 2022 | Real Estate, Zoning & Land Use | Insurance Coverage
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: A Delaware trial court has ruled that plaintiffs suing a title insurer for breach of a title insurance policy would not be able to present damages evidence on lost wages, carrying costs, lost opportunity costs …
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Popular Again: Using Life Insurance Trusts to Hedge Against Estate Taxes
January 10, 2022 | Trusts & Estates
With the prospect of estate tax exemptions going down and estate tax rates going up, it’s a good time to consider using life insurance as a hedge against potential estate taxes. One way to do that is to add an Irrevocable Life Insurance Trust (ILIT) to your estate plan. Life insurance proceeds are included in …
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Justices May Hesitate to Review Calif. Fraud Coverage Case
January 7, 2022 | Insurance Coverage
This article was published as an Expert Analysis in Law360. Many states have statutes or public policy that prohibits insurers from indemnifying policyholders for claims caused by their own willful acts. This is typical in the context of criminal acts or punitive damages, which many jurisdictions consider uninsurable. Likewise, statutory consumer protection claims are often uninsurable. …
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An Insurance Fraud Year in Review
January 6, 2022 | Insurance Fraud
The year 2021 will be remembered for many things, of course including that, as of this writing, a total of more than 800,000 Americans have died from COVID-19 since the beginning of the pandemic. For lawyers who represent insurance companies in cases seeking to challenge fraudulent claims and other types of insurance fraud, as well …
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A Legal Update for the Title Insurance Industry
January 4, 2022 | Real Estate, Zoning & Land Use
Michael Heller Peter McNamara and Matthew Spero published the article, “A Legal Update for the Title Insurance Industry,” in the Winter 2021 issue of Real Estate Finance Journal. The authors discuss five recent court decisions of note involving title insurance. …
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Do You Have the Right Cyber Insurance for Your Business?
January 4, 2022 | Privacy, Data & Cyber Law | Insurance Coverage
Robert Tugander’s article, “Do You Have the Right Cyber Insurance for Your Business?” appeared in the Winter 2021/2022 issue of USLAW Magazine. The article explores the reasons why the same cyber crime often results in different insurance coverage outcomes, depending on the court or the language of the insurance policy. And while no single policy can …
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Update on NYS Cannabinoid Licensing, Manufacturing and Labeling
January 3, 2022 | Compliance, Investigations & White Collar | Cannabis
The New York State Office of Cannabis Management (OCM) has announced regulations concerning the manufacturing and labeling of cannabinoid hemp products, and the availability of an online portal to facilitate required state licensure. Cannabinoid hemp products sold in the state must comply with the regulations by April 25, 2022. The OCM will be reaching out …
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New York Insurance Coverage Law Update
December 29, 2021 | Insurance Coverage
New York Court of Appeals Holds That Disgorgement Payment Under SEC Settlement Not Excluded As A Penalty Imposed By Law The Securities and Exchange Commission (SEC) alleged that Bear Stearns facilitated late trading and deceptive market timing practices by its customers in connection with the purchase and sale of mutual fund shares.  Bear Sterns sought …
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iPhone To OurPhone: Apple Update Allows Users To Create A “Legacy Contact”
December 23, 2021 | Trusts & Estates | Intellectual Property
Today, much of our lives are documented through digital devices and assets, instead of, for example, through things such as traditional family photo albums.  But while photo albums are easily passed on after death, passing along digital assets present additional challenges.  Expectedly, there are laws which address the ownership of digital assets.  That said, despite …
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Subpoenas to ISPs Can Override Anonymous Defendants’ Privacy Interests
December 21, 2021 | Privacy, Data & Cyber Law
Federal law generally prohibits internet service providers (ISPs), i.e., “cable operators,” from disclosing personally identifiable information concerning a subscriber without the prior written or electronic consent of the subscriber. Moreover, under the law, ISPs must “take such actions as are necessary” to prevent unauthorized access to a subscriber’s personally identifiable information by a person other …
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NYC Clarifies Dec. 27, 2021, Vaccine Mandate for all Private Employers
December 20, 2021 | Employment & Labor
On December 15, New York City issued clarifications to its prior vaccine mandate and those clarifications can be found here: https://www1.nyc.gov/site/doh/covid/covid-19-vaccine-workplace-requirement.page. As we advised in our prior bulletin, the New York City Commissioner of Health previously ordered that, commencing December 27, 2021, workers must have received at least one dose of a COVID-19 vaccine to …
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Insurance Update
December 20, 2021 | Insurance Coverage
Our December Insurance Update features four cases. The Minnesota Supreme Court decides if a resident-relative exclusion violates public policy. A Texas appellate court considers, for a second time, if damage from illegal dumping was caused by an “occurrence.” A Massachusetts appellate court determines whether an uninsured premises exclusion applies where the claim dates back to …
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