Publications | Rivkin Radler

Recent Publications

Insurance Update
November 16, 2018 | Insurance Coverage

It was a bountiful month in terms of insurance decisions. And as a result, our November Insurance Update is like a “Thanksgiving Day feast.” With a healthy serving of decisions from state high courts, intermediate appellate courts, and federal circuit courts, our update touches upon first-party issues, third-party issues, and a case insurance brokers will …
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Shapiro Published Article in Natural Products Insider
November 13, 2018 | Health Services

Steven Shapiro authored an article “Making and Using Endorsements” that was published in Natural Products Insider. The article discusses the need for brands working with celebrity or influencer endorsements to share all pertinent information with its consumers. Click here to read the article. …
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Employee Benefit Plan Review – From the Courts
November 6, 2018 | Insurance Coverage

Federal Court Remands Case to State Court Because ERISA Did Not Preempt Claims Against Health Insurer for Revealing Plaintiff’s HIV Status A federal district court in California held that the Employee Retirement Income Security Act of 1974 (ERISA) did not preempt a plaintiff’s claims under California law against his managed health care company for revealing …
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Gordon and Spero Publish Article in Pratt’s Journal of Bankruptcy Law
November 5, 2018 | Bankruptcy

Stuart Gordon’s and Matthew Spero’s article entitled “Creditors Typically May Not Offset Section 303(i) Judgments Against Claims Against Debtors” was published in the November 2018 edition of Pratt’s Journal of Bankruptcy Law. Click here to read the article. …
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Insureds’ Materially False Statements Can Doom Insurance Coverage for Their Claims
November 2, 2018 | Appeals

There are many different kinds of insurance fraud, as this column regularly observes. There can be fraud contained in applications for insurance policies, fraudulently staged accidents, and fraudulent claims by health care providers treating injured policyholders, among other things. Insurance policies try to eliminate, or at least to cut down on, insurance fraud in a …
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New York Insurance Law Update
October 31, 2018 | Insurance Coverage

Stop Work Order Deemed Insufficiently Coercive Or Adversarial To Be A “Suit” After excavation work began on a property in Manhattan, the New York City Department of Buildings issued a stop work order to the construction manager and property owners because of damage to an adjacent building. The construction manager and owners sought a defense …
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Justice Department Updates Best Practices for Cybersecurity
October 31, 2018 | Privacy, Data & Cyber Law

In September, the U.S. Department of Justice’s Cybersecurity Unit, Computer Crime & Intellectual Property Section updated its Best Practices for Victim Response and Reporting of Cyber Incidents. The updated guidance (which is not intended to have any regulatory effect) emphasizes the importance of planning a response before a data breach, ransomware threat or other cyber …
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New Jersey Paid Sick Leave Act Takes Effect
October 30, 2018 | Employment & Labor

As a reminder, effective October 29, 2018, New Jersey employers – regardless of size – must provide up to 40 hours of paid sick leave in any consecutive 12-month period designated by the employer as the “Benefit Year” pursuant to the New Jersey Paid Sick Leave Act (the “Act”). The Act applies to almost all …
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ABA Formal Opinion Discusses Ethical Implications of Data Breaches
October 30, 2018 | Professional Liability

On October 17, 2018, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion No. 483 addressing lawyers’ and law firms’ professional responsibilities during and after a cyber event. A link to the Opinion can be found here. Although advisory in nature and not binding in a court of law, lawyers would do …
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Insurance Update
October 17, 2018 | Insurance Coverage

Our October Insurance Update is packed with interesting cases. We begin with a pair of cases addressing whether the insured’s liability was because of property damage. One case deals with future lost profits, the other concerns the failure to award a college degree. In our next pair of cases, the homeowner’s insurer properly denied coverage. Did the …
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Cybersquatting: Even Today, an Important Concern for Online Businesses
October 16, 2018 | Privacy, Data & Cyber Law

It has been nearly 20 years since the federal Anticybersquatting Consumer Protection Act (the ACPA) was enacted in 1999 to battle what an alarmed Congress understood to be a rising wave of “cybersquatting.” As the Senate Judiciary Committee explained, the ACPA was designed to “protect consumers and American businesses, to promote the growth of online …
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And She’s Returning The Stairway … to Heaven
October 12, 2018 | Intellectual Property

While there may be a no-return policy on the stairway to heaven, no such policy exists with respect to returning a blockbuster jury verdict that dismissed a copyright infringement lawsuit against Led Zeppelin. To be sure, the U.S. Court of Appeals for the Ninth Circuit recently held that a new day will dawn by ordering …
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All Publicity is Good Publicity, Unless it is a HIPAA Breach
October 10, 2018 | Health Services

A recent U.S. Department of Health and Human Services, Office for Civil Rights (OCR) settlement illustrates why health care facilities must carefully consider potential privacy risks and take precautionary steps before allowing a camera crew to film on their premises. OCR settled with three Massachusetts hospitals for a total amount of $999,000 for violations of …
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Federal Government Agrees to Global $260M Settlement with Florida Hospital Chain
October 10, 2018 | Compliance Investigations & White Collar | Health Services

The United States recently agreed to a $260 million settlement of criminal charges and related civil claims under the False Claims Act arising from a scheme to defraud conducted by Naples, Florida-based hospital chain Health Management Associates, LLC (HMA). The Department of Justice (DOJ) announced the settlement on September 25. The settlement is evidence of …
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Employee Benefit Plan Review – From the Courts
October 6, 2018 | Insurance Coverage

ERISA Preempts Ex-Pro Hockey Player’s State Law Claims A federal district court in Texas has ruled that the Employee Retirement Income Security Act of 1974 (ERISA) preempts state law claims brought by a former professional hockey player under an ERISA plan, funded by an insurance policy issued to the National Hockey League (the NHL). The …
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