Publications | Rivkin Radler

Recent Publications

Employee Benefit Plan Review – From the Courts
November 19, 2019 | Employment & Labor | Insurance Coverage

Eleventh Circuit Affirms Denial of Plaintiff’s Request for Attorneys’ Fees The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court’s decision denying a plaintiff’s motion for attorneys’ fees under the fee-shifting provision of the Employee Retirement Income Security Act of 1974 (ERISA). THE CASE The plaintiff, who suffered from anorexia, was …
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Insurance Update
November 19, 2019 | Insurance Coverage

Our November Insurance Update is here. We report on two cases featured in past updates that have now made their way up to state supreme courts. In Vanderbilt, the Connecticut Supreme Court upholds an intermediate appellate court’s broad application of the “occupational disease” exclusion. The court ruled that the exclusion is not limited only to …
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N.Y. Court of Appeals Poised To Resolve Split Over Bad Faith Suits Against Insurers
October 31, 2019 | Appeals

After hearing oral argument earlier this month in Haar v. Nationwide Mutual Fire Ins. Co., 32 N.Y.3d 1211 (2019), the New York Court of Appeals is set to decide an important issue of insurance law and statutory interpretation that has divided the Appellate Division Departments. In Elkoulily v. New York State Catholic Heathplan, 153 A.D.3d …
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Employee Benefit Plan Review – From the Courts
October 29, 2019 | Employment & Labor | Insurance Coverage

Eighth Circuit Affirms Dismissal of Complaint by Participant in Defined-Contribution Retirement Savings Plan The U.S. Court of Appeals for the Eighth Circuit, applying the reasoning in a 2014 decision by the U.S. Supreme Court, has upheld dismissal of a complaint brought by a participant in a defined-contribution retirement savings plan governed by the Employee Retirement …
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Common sense is key to staving off fraud
October 16, 2019 | Appeals

Two truisms: 1) smart people do stupid things; and 2) if something seems to be too good to be true, then it is probably not real. The first truism occurs when people forget the second truism. A persuasive salesperson, or a snappy marketing campaign, catches your attention. It sounds like something you have always wanted …
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Insurance Update
October 15, 2019 | Insurance Coverage

Our October Insurance Update is now available. We discuss a case with an unfortunate, but familiar story. A group of masked bandits, who notoriously carry out their misdeeds at night, ransacked a home looking for whatever valuables they could find. Based on the trail of destruction left behind by these intruders, however, the homeowner could …
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EU’s Top Court Limits ‘Right To Be Forgotten’
October 15, 2019 | Privacy, Data & Cyber Law

While the U.S. government remains unable to enact comprehensive privacy legislation in response to new technologies and growing privacy concerns, numerous states across the country, including New York, have adopted privacy laws and regulations seeking to address specific issues or that are applicable to specified entities. Some of these new rules affect a broad swath …
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Proposed Changes to Stark Law Promote Value-Based Provider Arrangements
October 11, 2019 | Compliance, Investigations & White Collar | Health Services

As part of the U.S. Department of Health and Human Services’ “Regulatory Sprint to Coordinated Care,” the U.S. Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) coordinated their efforts in issuing proposed changes to the federal fraud and abuse laws which prohibit certain patient referrals. The changes are intended …
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New January 1, 2020 Exempt Salary Minimums
October 8, 2019 | Employment & Labor

The United States Department of Labor issued a final regulation to take effect January 1, 2020, raising the minimum overtime salary threshold for exempt employees under federal law to $35,568. New York State employers, though, must be mindful that, also as of January 1, 2020, they must pay exempt employees substantially higher minimum salaries, or …
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Gordon and Izzo author article for Pratt’s Journal of Bankruptcy Law
October 4, 2019 | Bankruptcy | General Liability

Stuart Gordon and Frank Izzo have authored an article, “Transgender Woman’s Employment Discrimination Judgment Was Nondischargeable, New York Bankruptcy Court Decides,” for Pratt’s Journal of Bankruptcy Law. Click here to read the article. …
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Deadlock Equals Doom: Judicial Dissolution of A Corporation When Dissension Exists
September 26, 2019 | Commercial Litigation | Corporate

All too often, friends or family members start a business with the best intentions. Rarely do the optimistic entrepreneurs anticipate a potential major disagreement about how to run the business. After all, in the beginning, they go into business together because they want to be in business together. Sometimes, despite these good intentions, over time …
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Cannabis: A Business Opportunity for Those with an Appetite for Risk
September 26, 2019 | Compliance, Investigations & White Collar | Corporate | Health Services

In the past 10 years, the legalization of marijuana and other cannabis-related products have expanded tremendously throughout the United States. Currently, medical marijuana is legal in 33 states and the District of Columbia, while 11 states and the District of Columbia have legalized recreational marijuana use for adults 21 and over. Additionally, cannabidiol (CBD) got …
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Heptig Authors Article for USLAW
September 25, 2019 | Health Services

Kate Heptig has authored an article for USLAW’s Fall 2019 magazine, “Safety In Numbers – Most Independent Physicians Can’t Afford to Go it Alone Anymore.” Click here to read the article. …
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Even the Best-Laid (Estate) Plans Sometimes Must Change
September 20, 2019 | Trusts & Estates

Despite the common misconception, estate planning is not only for the super-rich. At its core, proper estate planning ensures that your needs and those of your family will be met, now and in the future. A comprehensive estate plan will anticipate your lifetime needs as well as the distribution of your assets after your death. …
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4th and Long: Tom Brady Fumbles Attempt to Trademark TOM TERRIFIC
September 18, 2019 | Intellectual Property

There are many men named Tom. But only one of those Toms is “terrific” – Tom Seaver. The 12-time All-Star, three-time Cy Young Award winner and first-ballot Hall of Famer’s iconic performance in Game four of the 1969 World Series forever changed the course of the New York Mets franchise and, undoubtedly, played a pivotal …
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