Publications | Rivkin Radler

Recent Publications

An enforceable contract need not be in writing
June 24, 2019 | Appeals

Commentary: Dustin and Brooks have owned a business together for years. They have no agreement. Dustin wants to retire and work on his golf handicap. Brooks wants to keep working and expand the business. They agree that Brooks will buy Dustin’s interest in the business. They get together with Rory, the company accountant, and they …
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Insurance Update
June 19, 2019 | Insurance Coverage

Our June insurance update is now available. Packed with cases, our update touches upon a variety of issues. We start off with two state high court decisions. One deals with faulty work, the other considers whether a third-party claims administrator must answer to a claim for bad faith. Sticking with bad faith, a Delaware court …
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Unwanted Texts Alone Can Justify Standing, 2d Circuit Decides
June 17, 2019 | Privacy, Data & Cyber Law

A plethora of federal laws address the proliferation of technology-enabled automated communications in a variety of areas, including finance, commerce, credit, and health. Although the general objective is to address individual privacy and data security concerns, each law contains distinct goals, technical requirements, and remedies if violated. One issue that continues to evolve is whether …
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Does Your Cybersecurity Insurance Policy Cover Spoofing Losses? It Depends
June 12, 2019 | Insurance Coverage | Privacy, Data & Cyber Law

It goes without saying that cybercrime is a growing concern. In April, the FBI released its annual IC3 (Internet Crime Complaint Center) Report, which showed that the FBI received over 350,000 cyber-crime complaints in 2018, with total losses of over $2.7 billion. One common type of cyber crime is spoofing, which is the cyber version …
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U.S. Supreme Court: Title VII Charge-Filing Requirement Is Not Jurisdictional
June 4, 2019 | Employment & Labor

On June 3, 2019, the United States Supreme Court ruled that Title VII’s charge-filing requirements, while mandatory, are not jurisdictional, and any objections will be deemed forfeited if an employer waits too long to raise them. In Fort Bend County, Texas v. Davis, Respondent Davis filed a charge against her employer, Fort Bend County, with …
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Gordon and Spero Published in Pratt’s Journal of Bankruptcy
June 4, 2019 | Bankruptcy

Stuart Gordon’s and Matthew Spero’s article, “Marijuana Businesses in Bankruptcy: Courts Just Say No,” was published in the May 2019 issue of the Pratt’s Journal of Bankruptcy Law. Click here to read the article. …
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New York Insurance Coverage Law Update
May 30, 2019 | Insurance Coverage

Third Department Affirms Dismissal Of Coverage Case Filed More Than 24 Months After Loss After a building in the city of Troy was burglarized, the building owner sought coverage for the damage. On September 18, 2014, the insurer denied the claim because of the policy’s lack of coverage for theft and water damage. On October …
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Employee Benefit Plan Review – From the Courts
May 29, 2019 | Insurance Coverage

Ian S. Linker, the “From the Courts” columnist for Employee Benefit Plan Review, is a partner in Rivkin Radler LLP’s Insurance Coverage Practice Group. Mr. Linker focuses his practice on ERISA-benefits litigation and other benefits- and insurance claims-related litigation. Prior to joining Rivkin Radler, Mr. Linker worked as in-house counsel for MetLife’s litigation department, where …
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Mission Complete: Supreme Court Rules In Favor Of Trademark Licensees
May 20, 2019 | Intellectual Property

Trademark licensees no longer need to fear the possibility of losing the right to use their licensed marks if the licensor files for bankruptcy. On May 20, the United States Supreme Court issued its decision in Mission Product Holdings, Inc. v. Tempnology, LLC nka Old Cold LLC, 587 U.S. __ (2019), holding that a licensor’s …
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Business mediation can avoid the grind of litigation
May 20, 2019 | Appeals

My friends who own boats often share with me the famous adage that the best two days of boat ownership are the day that the boat is purchased and the day the boat is sold. The joys of boat ownership are quickly subsumed by the day-to-day grind of maintenance and other aggravations that come with …
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Insurance Update
May 17, 2019 | Insurance Coverage

Just like the abundance of rain we’ve had so far this spring, we’ve seen a recent downpour of coverage disputes. And just like the April showers that brought us May flowers, those coverage disputes have now blossomed into some interesting decisions. Our May Insurance Update discusses some of the best picks: The insured sells its …
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Employee Relations Law Journal – From the Courts
May 17, 2019 | Insurance Coverage

Sixth Circuit Affirms District Court Decision That Anesthesiologist Was Not Disabled from His Own Occupation The U.S. Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision upholding a determination by the claim administrator of an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) that …
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When it comes to attorneys on TV, it’s all fake news
May 6, 2019 | Appeals

Commentary: Television shows about lawyers are entertaining. “Law and Order,” in all its iterations, was a staple in my house forever. More recently, “Suits” has become an obsession. People of a certain generation will remember “L.A. Law,” and even before that, “Perry Mason.” All of these shows have memorable characters, smart dialogue, dramatic moments and …
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DFS Continues Long History of Strongly Supporting Anti-Fraud Reg
May 3, 2019 | Appeals

Nearly two decades ago, in 2001, New York state’s insurance regulator—then known as the New York State Insurance Department and now known as the New York State Department of Financial Services (DFS)—promulgated a powerful anti-fraud regulation. The regulation, 11 N.Y.C.R.R. §65-3.16(a)(12), was intended to require that a health care provider, as a condition of eligibility …
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New York Insurance Coverage Law Update
April 30, 2019 | Insurance Coverage

No Advertising Injury Coverage For Suit Against Fashion Designer, Southern District Of New York Concludes A New York fashion designer and related parties sued for allegedly violating the terms of a license agreement asked the United States District Court for the Southern District of New York to compel their insurer to defend them. The court …
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