Recent Publications


Can You? Should You? When Your Trusts and Estates Client Crosses New York State Lines
January 31, 2023 | Trusts & Estates

By Jennifer Hillman and Jill Choate Beier

For years trust and estate practitioners have shared their concerns that New York’s high taxes are pushing wealthier residents to move out of state. In fact, an analysis released this year by New York City’s Independent Budget Office showed an 11% decline in the number of city taxpayers

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New York Insurance Coverage Law Update — Compilation 2022
January 30, 2023 | Insurance Coverage

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2022.

New York Insurance Coverage Law Update 2022

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New York Insurance Coverage Law Update
January 30, 2023 | Insurance Coverage

Southern District Refuses To Use Extrinsic Evidence “Bound Up With Merits” Of Underlying Action To Defeat Duty To Defend

622 Third Avenue LLC filed a declaratory judgment action against Harleysville Worcester Insurance Company and others, seeking a declaration that Harleysville must defend 622 Third Avenue as an additional insured in an underlying personal injury action

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Insurance Update
January 24, 2023 | Insurance Coverage

It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023.

The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions – one for pandemic-related business interruption losses, the other for losses from a ransomware attack.  In both cases,

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The LICF: The Easy Way to Charitable Giving
January 18, 2023 | Trusts & Estates

One of the easiest ways to give to charity and one of the best-kept “secrets” is to open a fund at the Long Island Community Foundation (LICF). A community foundation is a public charity that connects you to a variety of other
charities, and most often, there’s one right in your own neighborhood. Opening

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Ehrhardt Published in NYSBA Health Law Journal
January 18, 2023 | Health Services

Jeffrey Ehrhardt’s quarterly column, “In the Journals,” was published in the New York State Bar Association Health Law Journal.

The column is a collection of recent topics in health law journals.

See the column here, page 33.

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Lewis Quoted in “A GOP-Controlled House Could Be Good For Business—Unless You’re Big Tech”
January 17, 2023 | Privacy, Data & Cyber Law

Shari Lewis was quoted in the New York Law Journal article, “A GOP-Controlled House Could Be Good For Business—Unless You’re Big Tech.”

The U.S. Supreme Court is set to consider content contributors posts and if the social media platforms can be held labile based on user content and engagement. The two cases at the center

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Del Pizzo Featured in NFT Podcast Discussion
January 12, 2023 | Intellectual Property

The New York Intellectual Property Association’s Copyright Committee published a podcast by members Nancy Del Pizzo of Rivkin Radler and Mendel Epstein of Wilson Elser. The podcast is a discussion about non fungible tokens (“NFTs”) and potential copyright issues associated with NFTs.

Nancy and Mendel discuss an array of digital assets such as art, music

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The Employment Law Reporter
January 11, 2023 | Employment & Labor

Here is what we cover in this issue of The Employment Law Reporter:

  • The U.S. District Court for the Southern District of New York has dismissed claims under Title I, Title II, and Title III of the Americans with Disabilities Act and claims under the Rehabilitation Act against a non-profit corporation that provides job
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Ullman Publishes Quarterly Column Analyzing The FDA’s Interpretation of the DSHEA Exclusionary Clause
January 6, 2023 | Compliance, Investigations & White Collar | Health Services

Marc Ullman was published in Natural Products Insider. His article, “Analysis: CBD food industry unlikely to placate FDA,” discusses the potentially negative impact on the FDA’s interpretation of the exclusionary clause in the Dietary Supplement Health and Education Act of 1994 (DSHEA). Ullman fears the current interpretation of the act will have a long lasting

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Tugander Tackles Opioid Litigation in Best’s Review
January 6, 2023 | Insurance Coverage

Robert Tugander wrote, “Two Words Play a Key Role in Opioid Litigation,” for the insurance industry publication, Best’s Review.

The article discusses the issues insurers confront when government entities sue their pharmaceutical company insureds. Often, the courts will rely on two words — because of — in the policy language when determining whether insurers are

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The Title Reporter — Winter 2023
January 5, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

The Title Reporter: A Legal Update for the Title Insurance Industry

            Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

  • A federal district court in New York granted summary judgment in favor of a title insurance company and its affiliate in
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An Insurance Fraud Year in Review
January 5, 2023 | Insurance Fraud

Lawyers, accountants, other professionals, business people, and consumers who are not directly involved in discovering, challenging, and litigating insurance fraud matters likely would be shocked to learn about the breadth and prevalence of these schemes.

By the same token, one might think that the number and range of insurance fraud-related indictments, convictions, and sentencings in

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New York Insurance Coverage Law Update
December 28, 2022 | Insurance Coverage

First Department Finds That Excess Policy May (Or May Not) Be Triggered Before Primary Policy In Another Year

Burlington Insurance Company issued primary policies to a contractor in 2013-14 and 2014-15, and Century was the excess insurer for 2013-14.  The contractor was sued for property damage resulting from its construction work during an unspecified time,

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A (Potential) Hog Wild Trademark Dispute
December 28, 2022 | Intellectual Property

The phrase “waiting all day for Sunday night” is usually associated with football. But this Sunday, it may be associated with something entirely different — a potential trademark dispute.

After years of fighting over its previous name, the Washington Commanders are no strangers to trademark disputes. But this potential dispute is a little different. According

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