June 22, 2022 |
Here is what we cover in this issue of The Employment Law Reporter:
- The U.S. Court of Appeals for the Second Circuit has issued an important decision in a case that presented the question of what a plaintiff asserting employment discrimination under Title VII of the Civil Rights Act of 1964 must allege to
June 21, 2022 |
Coverage disputes often center on whether the policy language is clear. Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning. Sometimes, policyholders try to create an ambiguity despite language that seems clear on its face, or suggest another reason why the language should notRead More
June 21, 2022 |
Last month, New York Gov. Kathy Hochul signed into law a dental hygiene bill that allows dental hygienists to use nitrous oxide and local infiltration anesthesia to assist dentists with all dental procedures. The bill, which was originally introduced in the State Senate in May 2021, amends section 6605-b of the Education Law effective immediately.Read More
June 20, 2022 |
Siobhain Minarovich wrote, “Insurance Coverage Issues Presented by Child Victims Act Legislation,” for the summer 2022 issue of USLAW Magazine. The article discusses the legislation’s insurance coverage issues, exclusions and expected defense of claims brought under the act.
Click here to read the article.Read More
June 17, 2022 |
The explosive growth of internet advertisements has been accompanied by increased risks to consumers, including from the content of online disclosures regarding their purchases, the products and services that are provided and businesses’ collection and use of their private data.
For example, advertisers now deploy a variety of digital advertising tools that help them identifyRead More
June 16, 2022 | |
Alan Rutkin authored, “US Courts Offer Differing Interpretations of Cyberfraud Cases” for the June 2022 issue of Best’s Review. The article explores the prominent court recently addressed whether commercial crime insurance covers cyberfraud. The decision illustrates courts’ confusion in this area. When it comes to cyberfraud, courts continue to give different answers to the same questions.Read More
June 16, 2022 |
In a twisted psychological experiment, Allison and Peter Novak set up their friends Holly Berenson and Eric Messer (a/k/a Messer) on a date. Holly and Messer are as incompatible as pineapple and New York pizza, and the matchmaking experiment predictably tanks. The Novaks cannot leave well-enough alone, they double down and pull anRead More
June 13, 2022 |
I love playing board games with my children and the games in our home have been known to get pretty competitive. From time to time, a friend will join, and we always make sure all of the players have a clear understanding of the rules, both those included in the box or any “house rules”Read More
June 8, 2022 |
It is not uncommon for Lloyd Harbor residents to have old steel heating oil tanks buried in their yards. Although these underground tanks continue to successfully heat our homes, they do not last forever. They are not protected from corrosion and, as a result, can pose an expensive and unexpected risk to unsuspecting homeowners andRead More
June 1, 2022 |
A prominent court recently addressed whether commercial crime insurance covers cyberfraud. The decision illustrates courts’ confusion in this area. When it comes to cyberfraud, courts continue to give different answers to the same questions.
As I’ve previously written, the questions are easily remembered with the acronym “ACAI.”
Act: Is the “act” covered?
Causation: Were the act andRead More
May 31, 2022 | |
Over the last several years, the dental services industry has become increasingly consolidated, creating significant financial opportunities for investors as well as financial and exit opportunities for dentists. This consolidation has been driven in large part by Dental Services Organizations (DSOs) formed by dentists and/or private financial investors (e.g., private equity) through the acquisition ofRead More
May 25, 2022 |
First Department Affirms That Business Interruption From COVID-19 Not Covered
The insured purchased a commercial property policy that included business interruption coverage for its restaurants. The restaurants were forced to suspend indoor dining operations because of COVID-19 and lost tens of millions of dollars in revenue. The insured made a claim with its insurance companyRead More
May 19, 2022 |
Henry Hobson is a widowed blowhard who fancies himself superior to everyone because he owns a shoe business. Hobson’s daughter Maggie actually runs the business, but Hobson does not pay her.
Hobson is downright nasty to most of the people in his life. He demeans Maggie and tells her she is too oldRead More
May 18, 2022 |
You’ll find some notable decisions in our May Insurance Update.
Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend favoring insurers.
The Texas Supreme Court addresses an issue of first impression: What duty of care does an insurer owe toRead More
May 9, 2022 |
One would think that the current state of federal law would be clear as to where a plaintiff may commence, and thereafter maintain, his/her action. However, that is not the case; particularly within the Second Circuit, and this ambiguity can create a host of unintended problems, including being forced to litigate an action thousands ofRead More
- Commercial Litigation
- Complex Torts & Product Liability
- Compliance, Investigations & White Collar
- Directors & Officers Liability
- Employment & Labor
- General Liability
- Health Services
- Insurance Coverage
- Insurance Fraud
- Intellectual Property
- Medical Malpractice Defense
- Privacy, Data & Cyber Law
- Professional Liability
- Real Estate, Zoning & Land Use
- Trusts & Estates