Recent Publications


Insurance Update
May 17, 2019 | Insurance Coverage
Our May Insurance Update is available.  April showers brought a downpour of coverage cases last month.  The cases include: The South Dakota Supreme Court considers whether an insured can get coverage for claims by nearby property owners who accused him of selling his property to someone he knew would use it to house pigs. The …
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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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Insurance Update
April 17, 2019 | Insurance Coverage
Our April Insurance Update is here.  It addresses the following questions: A claimant offers to settle within policy limits, and then revokes the offer 41 days later.  Claimant goes to trial and gets an excess judgment.  Has the insurer breached its duty to settle?  The Georgia Supreme Court decides and clarifies its precedent on time-limited …
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Supreme Court’s Google Ruling Has Big Implications for Suits Against Tech Companies
April 16, 2019 | Privacy, Data & Cyber Law
Several weeks ago, in Frank v. Gaos, No. 17-961 (U.S. March 20, 2019), the U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the Ninth Circuit that upheld a settlement of class action claims against Google for alleged violations of the Stored Communications Act (SCA). The Supreme Court initially had agreed …
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Litigation Trends in Packaging Claims
April 12, 2019 | Intellectual Property | Health Services
Michael Cannata and Frank Misiti authored an article published in Natural Products Insider, “Litigation Trends in Packaging Claims.” Click here to read the article. …
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Registration Now Required Prior to Initiating Copyright Infringement Suit
April 9, 2019 | Intellectual Property
Courts at the opposite sides of the country (and some in between) have long differed on how easy it is for a party to file a lawsuit alleging copyright infringement. A March 4, 2019, decision by the United States Supreme Court has standardized the process throughout the nation. In Fourth Estate Public Benefit Corp. v. …
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A privileged conversation is too important to throw away
April 8, 2019 | Appeals
Commentary: Success in a litigation starts with a strong attorney-client relationship. The attorney and the client must work closely together to investigate and learn the operative facts, discern the best strategy to utilize those facts, adapt that strategy as new facts emerge and, as adversaries raise counter-arguments, and ultimately decide to settle or continue the …
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Sweeping Changes to the Criminal Justice System Benefit those Accused
April 4, 2019 | Compliance, Investigations & White Collar
On Monday, April 1, 2019, Gov. Andrew Cuomo and the New York Legislature agreed to broad reform in the criminal justice system that will take effect on January 1, 2020. These new criminal procedure laws will completely change how individuals accused of committing crimes (referred to below as “the accused”) are treated during a criminal …
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Ullman’s Article on CBD in Supplements Appears in USLAW Magazine
March 28, 2019 | Compliance, Investigations & White Collar
Marc Ullman wrote “Regulations Remain Hazy around CBD Use in Supplements” for the Spring/Summer 2019 issue of USLAW Magazine. The article reveals the regulatory confusion shrouding products made from Cannabis Sativa plants and their byproducts, with a special focus on cannabidiol as a supplement ingredient. To read the article, click here.   …
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FTC Issues Privacy and Data Security Update
March 28, 2019 | Privacy, Data & Cyber Law | Compliance, Investigations & White Collar
On March 15, 2019, the Federal Trade Commission (FTC) issued its 2018 Privacy and Data Security Update, which reported on the agency’s enforcement activities for that calendar year. As the United States’ primary consumer protection agency, the FTC has authority to enforce a variety laws directly related to privacy and data security, including the Truth in …
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New York Insurance Coverage Law Update
March 26, 2019 | Insurance Coverage
Owner Deemed Additional Insured Under Subcontractor’s Insurance Policy  The owner of a construction project was sued for injuries allegedly suffered by a subcontractor’s employee.  The general contractor’s contract with the subcontractor obligated the subcontractor to obtain additional insured coverage for the owner.  The court held that the owner was covered as an additional insured under …
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NJ Bill Would Shorten Statute of Limitations for Professional Malpractice Claims
March 22, 2019 | Professional Liability
On March 18, 2019, Bill A-4880 passed the New Jersey Assembly Judiciary Committee. If the bill becomes law, it will amend the governing statute, N.J.S.2A:14-1, by shortening the statute of limitations for claims of malpractice against certain licensed professionals (including lawyers) from six years to two years. The amendment will also prohibit the award of …
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