Recent Publications - Appeals


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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Pay Notice to Special Relationships under the Law
March 3, 2020 | Commercial Litigation
With Valentine’s Day in our rear-view mirror, it is nice to reflect on the special relationships in our life – with our spouse, our parents, our children, and if one is lucky enough, with our grandchildren. These relationships provide meaning and perspective to our day-to-day existence and can provide immeasurable joy and happiness. Special relationship …
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In Football and Litigation, Avoid Self-Inflicted Wounds
February 5, 2020 | Commercial Litigation
Football is a game of statistics and more statistics, as any fantasy football fanatic can tell you. But if you want to predict which team will win, one statistic is particularly telling. In fact, from 2007 to 2016, the team that had the fewest turnovers in a game won 78 percent of the time. On the other …
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In Business Deals, the Details Matter
January 7, 2020 | Corporate | Commercial Litigation
The “devil is in the details.” How many times has that truism been proven true? Like when your high school child tells you that he and his friends are off to Mexico for spring break. Or when a travel agent lets you in on the deal of a lifetime for an all-inclusive cruise to a …
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The Broad Reach of the Medicare Fraud Strike Forces
January 3, 2020 | Appeals
It has been over a decade since the U.S. Departments of Justice and Health and Human Services (HHS) jointly created the federal government’s first Medicare Fraud Strike Force (MFSF) in South Florida. Their goal was to reduce and prevent Medicare and Medicaid fraud through enhanced interagency cooperation. Since then, the program has grown to 15 …
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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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