Recent Publications - Directors & Officers Liability


Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions
April 23, 2020 | Compliance, Investigations & White Collar | Health Services
Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken …
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Updated ESD Guidance Says Attorneys May Be Considered Essential
April 14, 2020 | Professional Liability
Several weeks into the coronavirus pandemic, New York businesses remain subject to the provisions of Executive Order No. 202.8, which required all employers to reduce their in-person workforces at any work locations by 100% starting on March 22. An exception to this restriction applies to “Any essential business or entity providing essential services or functions,” …
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NY Court of Appeals Issues New Decision Regarding Judiciary Law § 487 Claims
April 13, 2020 | Professional Liability
The New York State Court of Appeals recently issued an important opinion on a question that often arises in legal malpractice cases: What consequences befall attorneys who encourage their client to bring a case that they know is meritless? In Bill Birds, Inc. et al. v. Stein Law Firm, P.C., 2020 N.Y. Slip Op. 02125 …
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Pandemic Prompts Focus on Attorney Civility
April 2, 2020 | Professional Liability
COVID-19 has sent litigation into a tailspin, with court closings and moratoriums on filings leaving attorneys scrambling to figure out how to balance their obligations to their clients to keep cases moving with the obstacles now in place. Many attorneys are not practicing out of their offices, do not have access to key files, and …
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Coronavirus Update – Workforce Reduction and Litigation Impacts
March 23, 2020 | Professional Liability
In recent days, the State of New York has instituted a number of emergency measures affecting business professionals. All employers in New York State providing non-essential services have been directed to reduce their in-person workforce by 100% no later than March 22 at 8 p.m. This order will likely require many business professionals to transition …
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Professional Liability Bulletin – Coronavirus Edition
March 17, 2020 | Professional Liability
The coronavirus pandemic is creating challenges for all sectors of the economy, including for various business professionals. While some steps have been taken to mitigate immediate concerns, professionals must remain aware of their obligations and be mindful of potential pitfalls in this uncertain environment. For example, the legal profession, which typically relies on in-person appearances, …
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Consumer Watchdog Warns of Security Risk of Internet-Connected Vehicles
August 20, 2019 | Privacy, Data & Cyber Law
In a recently issued report, titled “Kill Switch: Why Connected Cars Can Be Killing Machines and How to Turn Them Off,” Consumer Watchdog, a nonprofit consumer advocacy organization, warned that millions of internet-connected cars already on the roadways may be dangerously vulnerable to hacking. While fully autonomous self-driving vehicles may be years away from widespread …
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US, European Regulators Levy Massive Fines for Privacy Violations
July 16, 2019 | Privacy, Data & Cyber Law
This past week, the Federal Trade Commission (FTC) voted to approve a record-breaking $5 billion settlement with Facebook, resolving its investigation into the charge that the company violated a prior settlement with the Commission when it improperly permitted political data firm Cambridge Analytica to access 87 million users’ personal information. Cambridge Analytica created personality quiz …
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U.S. Supreme Court: Title VII Charge-Filing Requirement Is Not Jurisdictional
June 4, 2019 | Employment & Labor
On June 3, 2019, the United States Supreme Court ruled that Title VII’s charge-filing requirements, while mandatory, are not jurisdictional, and any objections will be deemed forfeited if an employer waits too long to raise them. In Fort Bend County, Texas v. Davis, Respondent Davis filed a charge against her employer, Fort Bend County, with …
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FTC Imposes Largest Civil Penalty for Violation of Children’s Online Privacy
March 12, 2019 | Privacy, Data & Cyber Law
On February 29, 2019, the Federal Trade Commission announced that the video social networking app Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle a claim that the company illegally collected personal information from children, the largest such civil penalty to date. The Children’s Online Privacy Protection Act (COPPA) requires websites and …
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