Recent Publications - Appeals


Insurance Rulings, Present and Past, by a Court in Transition
August 23, 2021 | Insurance Coverage
The New York Court of Appeals’ past term was as unusual a term as practitioners and judges ever could have imagined. Of course, COVID-19 continued to affect the Court’s operations. On top of that, the early retirement of Judge Paul Feinman, followed by his untimely death, the subsequent retirement of Judge Leslie Stein, and the …
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Businesses Can Cautiously Proceed with Student-Athlete Sponsorship Deals
July 16, 2021 | Corporate
Businesses have been champing at the bit for a chance to collaborate more with college athletes for years. Until recently, however, those collaborations were not possible because college athletes were prohibited from profiting off their name and likeness and entering into sponsorship deals under the rules of the National Collegiate Athletic Association (NCAA). Over the …
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A Divided Bench Revealed in Top Court’s Commercial Cases
February 23, 2021 | Commercial Litigation | Appeals
When discussing the U.S. Supreme Court, commentators spend considerable time reviewing the decisions of the Court to create “lineups” of conservative versus liberal Justices and to speculate which Justices, or group of Justices, are the deciding or so-called “swing” votes. In cases raising constitutional issues involving prominent social issues, legal philosophies can be observed that …
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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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Like Cloth Masks, Corporate Protections Are Not Absolute
July 9, 2020 | Corporate
We live in a different world than a few months ago. The existence of a pandemic in our community has impacted every aspect of our day-to-day life and has brought an unprecedented amount of uncertainty and anxiety as to the shape and tenor of our future experiences. So, in order to enjoy some degree of …
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How Will Trump’s Immigration Ban Affect You?
April 23, 2020 | Immigration
After a teaser on Twitter and a verbal preview during a press conference, President Trump has signed an executive order preventing certain foreign nationals from receiving an immigrant visa for the next 60 days. The purpose of the order is protecting United States workers from competition from foreign workers. In reality, however, the order will …
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Diversity and Inclusion Matter, Even During a Pandemic
April 13, 2020 | Employment & Labor
As we all face these challenging times, it is  more important than ever to remain committed and focused on diversity and inclusion. Many employees, especially those who are underrepresented, may feel increasingly overlooked. Rivkin Radler remains committed to our Development, Diversity and Inclusion initiative, and as a reminder of the importance of connectivity during these unusual days, the following are some helpful tips: Be cognizant of who you are assigning work …
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U.S. Department of Homeland Security Relaxes I-9 Requirements
March 20, 2020 | Immigration | Employment & Labor
In response to the current public health crisis, the United States Department of Homeland Security (DHS) announced today that it will allow certain employers to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9). Under ordinary circumstances, employers must physically inspect the documents produced by employees to establish their identity and authorization …
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NY Appellate Courts Cancel Oral Arguments and Suspend Filing Deadlines
March 18, 2020 | Appeals
The outbreak of COVID-19 presents the New York court system with unprecedented challenges.  New York’s appellate courts have responded by taking swift, decisive action.  Attorneys litigating in New York’s appellate courts should be aware of the modifications to oral argument and the deadlines established by court rules. The courts have made other temporary changes, and …
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Trump Administration Travel Restriction Explained
March 12, 2020 | Immigration
To slow the spread of the coronavirus (COVID-19), the Trump administration has temporarily suspended entry of foreign nationals in the European Union into the United States.  The full Presidential Proclamation can be found here. This decision comes on the heels of a similar travel restriction on foreign nationals who had been physically present in China …
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