Recent Publications


New Year Brings New Privacy Proposals Affecting New York Businesses
January 27, 2021 | Privacy, Data & Cyber Law
At the start of the 2021-2022 legislative session, the New York state legislature proposed a raft of new regulations related to data privacy which may create challenges for entities doing business in the state. We expect that some or all will pass in some form, as many believe that current laws do not adequately protect …
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Federal Courts Issue Orders Modifying Procedures for Highly Sensitive Documents
January 27, 2021 | Privacy, Data & Cyber Law | Professional Liability
Cyber security breaches have been widespread recently, prompting business and government agencies alike to implement new rules, regulations and protocols to protect confidential personal information. Most recently, the federal Judiciary announced new protocols for filing court documents containing “highly sensitive material.” These new protocols come in the wake of the SolarWinds data breach, which compromised, …
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New York State Appears Poised to Legalize Recreational Marijuana
January 26, 2021 | Cannabis
On January 6, 2021, Governor Cuomo announced his latest proposal for the legalization of recreational marijuana in New York. The proposal, outlined generally, consists of: The legalization of the recreational use of marijuana by any individual of the age of 21 or older in the State of New York; The creation of a new Office …
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Insurance Update
January 25, 2021 | Insurance Coverage
Courts ended 2020 with a flurry of insurance decisions.  Our January 2021 Update highlights some of these decisions, including several by state supreme courts. We begin with a new twist on pandemic-related claims.  Within two days of each other, federal district court judges found, on the one hand, that Covid-19 business interruption losses were not …
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Insurance Law Appellate Case Analysis Reveals Important Trends
January 19, 2021 | Insurance Coverage
Rivkin Radler Managing Partner Evan Krinick recently published an article in various Mealey’s publications that analyzes the decisions and results of 25 years’ worth of insurance cases in the New York Court of Appeals. Here are some of the highlights: of the 187 insurance law cases decided by the Court, 161 were carrier v policyholder …
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The Title Reporter – Winter 2021
January 8, 2021 | Real Estate, Zoning & Land Use | Insurance Coverage
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: The Supreme Court of Texas has ruled that a special warranty deed conveying real property limited the grantor’s liability for allegedly breaching the implied covenant of “seisin” – that is, the covenant that the grantor …
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DOL Finalizes Regulations Regarding Worker Classifications
January 7, 2021 | Employment & Labor
On January 6, 2021, the Department of Labor (DOL) issued a new framework to determine whether workers are employees or independent contractors for the purposes of the Fair Labor Standards Act (FLSA). The distinction between these classifications is significant, as it impacts whether the employer must pay minimum wage or keep records pertaining to the …
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Groundbreaking Changes to the H-1B Lottery in 2021
January 7, 2021 | Immigration
Today, United States Citizenship and Immigration Services (USCIS) announced a final rule that would drastically change the lottery system this year. Under the new rule, USCIS would give priority to applications offering the highest wages, rather than selecting applications on a random basis as it has historically done. USCIS acknowledges that the new rule will …
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AOT Orders a Useful Tool during COVID Pandemic
January 5, 2021 | Health Services
The pandemic has prompted the reallocation of hospital beds from psychiatric care to treatment of COVID patients. This has occurred as mental illness has been on the rise. To cope with the insufficient number of psychiatric beds, it is important for hospitals to curtail readmissions. An often-underutilized tool to do so is the assisted outpatient …
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Municipal Fraud in Focus as Local Governments Face Budget Woes
December 31, 2020 | Insurance Fraud
Nearly a decade ago, in October 2011, Preet Bharara, then serving as U.S. Attorney for the Southern District of New York, announced pension disability fraud charges against a number of individuals associated with the Long Island Railroad (LIRR). The complaint estimated a potential loss to the Railroad Retirement Board of more than $1 billion in …
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New York Insurance Coverage Law Update
December 29, 2020 | Insurance Coverage
Court Rules That Assault And Battery Exclusion Precludes Coverage For Slip And Fall On Spilled Drinks During Melee C&S Franklin Realty (a landlord) filed a declaratory judgment action against the insurer of C&S’s tenant (a nightclub), seeking additional insured coverage for an underlying personal injury action alleging a slip and fall on spilled drinks “due …
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Data Breaches and Privacy Challenges: A Pandemic Year in Review
December 23, 2020 | Privacy, Data & Cyber Law
As if having to deal with the COVID-19 pandemic was not enough for law firms and clients, this year has seen a striking number of data breaches, privacy-related lawsuits, and government enforcement proceedings, as well as large settlements of new and older claims. Indeed, on December 8, 2020, in perhaps the ultimate 2020 irony, cybersecurity …
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Top 10 Things to Know about Changes to NY’s Power of Attorney Law
December 21, 2020 | Trusts & Estates
On December 15, 2020, Governor Andrew Cuomo signed long-awaited changes to the New York State Power of Attorney law. The changes are intended to make the power of attorney easier to use, provide a framework for acceptance or rejection of the power of attorney and clarify the power and obligations of an agent. Your existing …
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Miller Published in New Jersey Lawyer Magazine
December 21, 2020 | Commercial Litigation
Gregory Miller’s article, “Concise-ly is Not Nice,” was recently published in the Writer’s Corner of the New Jersey Lawyer. Click here to read the full article.   …
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NY Updates Guidance for Visiting Loved Ones in Skilled Nursing Facilities
December 18, 2020 | Trusts & Estates | Health Services
Spending time with family is always important, especially during the holiday season. The holidays are different this year, due to the pandemic, and spending time with loved ones in skilled nursing facilities requires additional planning. In response to recent spikes in Covid-19 cases in skilled nursing facilities, the New York Department of Health in November …
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