Recent Publications


New York Insurance Coverage Law Update
July 28, 2022 | Insurance Coverage

Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent

In December 2015, Luis Alberto was working on a construction project at a building owned by the insured when a wall collapsed, causing him to fall to his death.  In December 2017, Alberto’s

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Title Insurance Reporter Published in Real Estate Finance Journal
July 28, 2022 | Real Estate, Zoning & Land Use

Michael Heller’s, Peter McNamara’s and Matt Spero’s Spring issue of the Title Insurance Reporter was published in the Real Estate Finance Journal.

The authors discuss recent court decisions of note involving title insurance.

Read the full column here.

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FDA’s Misguided NDI Amnesty Scheme – But Companies Should Still Comply with the Law
July 27, 2022 | Compliance, Investigations & White Collar

Marc Ullman authored the article, “FDA’s Misguided NDI Amnesty Scheme – But Companies Should Still Comply with the Law,” in the August issue of Nutrition Industry Executive.

Ullman discusses the FDA’s proposed guidance document on new dietary ingredients.

Read the full article here.

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Wendy and Jen Wreck the Movies: Dial “M” for Murder (1954), or Murder Doesn’t Pay, and Peanut Butter Expires in November
July 21, 2022 | Trusts & Estates

What Happened:

Margot and Tony Wendice seem to have it all – they are young, beautiful, and in love.  However, much like pyrite, not everything that glitters is gold.

Before their marriage, Tony was a successful tennis player.  It would have been unseemly for Margot, a wealthy socialite, to marry a professional athlete, so Tony

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Insurance Update
July 20, 2022 | Insurance Coverage

Our July Insurance Update is here.  This is what we discuss.

“Hoosier” daddy?  When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court adopting the efficient and predominant cause theory, no matter whose Daddy the bouncer was working for.

Oklahoma has

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Administrative Order 141/22 Brings More Changes to New York’s Uniform Civil Rules
July 13, 2022 | Commercial Litigation

On July 1, 2022, Administrative Order 141/22 (“AO 141/22”) became effective, revising many of the previous changes to New York’s Uniform Civil Rules (“Uniform Rules”) made by Administrative Order 270/20 (“AO 270/20”), including the Statement of Material Facts requirement. We extensively covered AO 270/20 in a previous article, and in another article, we discussed how

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CPLR 205(a) Can Only Be Invoked by the Original Plaintiff if Plaintiff Is Still Alive
July 12, 2022 | Commercial Litigation

CPLR 205(a) is a well-known safety net in New York litigation, generally providing that a timely commenced action dismissed without prejudice can be refiled by “the plaintiff” within six months of dismissal, despite the statute of limitations expiring, saving the claim from being untimely. This statute’s reference to “the plaintiff” was recently debated and brought

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Novikoff’s Employment Law Reporter Published in Employee Relations Law Journal
July 11, 2022 | Employment & Labor

Kenneth A. Novikoff’s Spring issue of the Employment Law Reporter was published in the Employee Relations Law Journal.

The U.S. District Court for the Western District of New York has granted the defendant’s motion in an employment discrimination lawsuit brought under the federal Rehabilitation Act, finding that the plaintiff failed to demonstrate that he was disabled or

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Besides Saving Estate Taxes, What Should Be on Your Estate Planning Checklist?
July 11, 2022 | Trusts & Estates

The federal estate tax exemption provisions are set to expire at the end of 2025, potentially requiring more people to pay estate taxes. In view of the uncertainty of the estate tax laws, it is important to have estate planning documents that are flexible enough to adjust to changing estate tax laws.

Generally, the exemption

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The Title Reporter — Summer 2022
July 6, 2022 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

  • An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a claim asserted by the policyholders.
  • A federal district court in Illinois has rejected
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Health Food Retailers Should Update Their Website Terms
July 1, 2022 | Privacy, Data & Cyber Law

Shari Claire Lewis wrote an article for Vitamin Retailer entitled, “Health Food Retailers Should Update Their Website Terms.”

What was once a basic website created to inform prospective customers on products, has now evolved to offer users options such as “curb-side pick up”, or other features which came about as a result of Covid-19. While

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The Anti-Kickback Statute’s Role in Health Insurance Fraud Cases
June 30, 2022 | Insurance Fraud

Alleged violations of the federal Anti-Kickback Statute (AKS) are more and more often at the heart of actions involving accusations of health insurance fraud brought under the False Claims Act (FCA). Consider, for example, the amended complaint that was just filed by the U.S. Justice Department to add six physicians as defendants to the original

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New York Insurance Coverage Law Update
June 28, 2022 | Insurance Coverage

Northern District Holds That Late Notice Bars Coverage Under Property Policy

In late 2016, a roofing contractor stepped through the insured’s roof resulting in damage to the roof and internal water damage.  The insured did not file a claim with its property insurer until early 2018, more than a year later.  The insurer, Acadia Insurance

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The Employment Law Reporter
June 22, 2022 | Employment & Labor

Here is what we cover in this issue of The Employment Law Reporter:

  • The U.S. Court of Appeals for the Second Circuit has issued an important decision in a case that presented the question of what a plaintiff asserting employment discrimination under Title VII of the Civil Rights Act of 1964 must allege to
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Insurance Update
June 21, 2022 | Insurance Coverage

Coverage disputes often center on whether the policy language is clear.  Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning.  Sometimes, policyholders try to create an ambiguity despite language that seems clear on its face, or suggest another reason why the language should not

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