Recent Publications


The Employment Law Reporter
June 22, 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 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
Read More
Share this article:
Insurance Update
June 21, 2022 | Insurance Coverage

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 not

Read More
Share this article:
NY Dental Hygiene Bill Expands Hygienists’ Authority to Administer Anesthesia
June 21, 2022 | Health Services

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
Share this article:
Minarovich Authors Article on Insurance Coverage Implications of Child Victims Act
June 20, 2022 | Insurance Coverage

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
Share this article:
The FTC’s Newest Focus: ‘Preventing Digital Deception’
June 17, 2022 | Privacy, Data & Cyber Law

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 identify

Read More
Share this article:
Rutkin Writes on Differing Interpretations of Cyberfraud Cases for Best’s Review
June 16, 2022 | Privacy, Data & Cyber Law | Insurance Coverage

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
Share this article:
Wendy and Jen Wreck the Movies: Life As We Know It (2010) or Why Your Fraternity Brother May Not Be Suitable for Carpool
June 16, 2022 | Trusts & Estates

What Happens?

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 an

Read More
Share this article:
For Business Owners, a Shareholders’ Agreement Is Vital
June 13, 2022 | Corporate

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
Share this article:
What Do You Do if an Oil Tank Is Buried in Your Yard?
June 8, 2022 | Commercial Litigation

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 and

Read More
Share this article:
US Courts Offer Differing Interpretations of Cyberfraud Cases
June 1, 2022 | Privacy, Data & Cyber Law

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 and

Read More
Share this article:
Transitioning to a DSO: An emerging trend in orthodontic practices
May 31, 2022 | Corporate | Health Services

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 of

Read More
Share this article:
New York Insurance Coverage Law Update
May 25, 2022 | Insurance Coverage

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 company

Read More
Share this article:
Wendy & Jen Wreck the Movies: Hobson’s Choice (1954) or The Importance of Not being a Jerk
May 19, 2022 | Trusts & Estates

What Happened:

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 old

Read More
Share this article:
Insurance Update
May 18, 2022 | Insurance Coverage

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 to

Read More
Share this article:
Federal Civil Law Remains Unclear Regarding Where an Action May Be Brought
May 9, 2022 | Commercial Litigation

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 of

Read More
Share this article:
Next Page

Get legal updates and news delivered to your inbox