May 9, 2022 |
One would think that the current state of federal law would be clear as to where a plaintiff may commence, and thereafter maintain, his/her action. However, that is not the case; particularly within the Second Circuit, and this ambiguity can create a host of unintended problems, including being forced to litigate an action thousands ofRead More
May 6, 2022 |
Jennifer Hillman’s and Joseph La Ferlita’s article, “SSHHH! Should Trustees Speak Up About Quiet Trusts?” was published in the New York State Bar Association Trusts and Estates Law Section Journal.
Although some may question whether financial modesty is a virtue, there is no requirement that parents disclose their net worth to their children. However, theRead More
May 6, 2022 |
Crypto assets (such as non-fungible tokens, or NFTS) and cryptocurrencies (such as bitcoin) are types of digital assets, which are typically transmitted by means of blockchain technology. (I know, this makes my brain hurt, too!) Crypto assets are growing in popularity as an investment class, and you may already own some or may be thinkingRead More
May 5, 2022 |
The Justice Department recently reported obtaining more than $5.6 billion in settlements and judgments from civil cases involving fraud and false claims against the government in fiscal year 2021. https://www.justice.gov/opa/pr/justice-department-s-false-claims-act-settlements-and-judgments-exceed-56-billion-fiscal-year. This is the largest annual total in False Claims Act (FCA) history since 2014, no doubt spurred in part by fraud related to COVID-19. ThisRead More
April 28, 2022 |
Second Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy Where Tenant’s Employee Injured In Freight Elevator Used By Tenant
Bed Bath & Beyond leased third-floor retail and office space at a shopping center in Queens, and its employee was injured while using a freight elevator during his employment. The employee sued the ownerRead More
April 22, 2022 |
Michael Heller’s, Peter McNamara’s and Matt Spero’s Winter 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.Read More
April 21, 2022 |
Montgomery Brewster’s minor league baseball career is fizzling. Optimistic Brewster believes his big break is just around the corner, but the break he gets is not the one he expects.
Brewster’s previously unknown great-uncle Rupert Horn dies leaving Brewster $300 million – but only if Brewster can spend $30 million in 30 daysRead More
April 21, 2022 |
Cases in our April Insurance Update address several questions:
- Are costs incurred to comply with a subpoena covered?
- What must an insured show to rebut the presumption of prejudice in a late notice situation?
- What are related claims under claims-made policies?
- How does a retroactive date limitation apply?
- Is there a “loss of use”
April 18, 2022 |
More than a decade ago, the Federal Trade Commission (FTC) promulgated a Health Breach Notification Rule (the Rule). The Rule requires certain businesses that access or collect consumers’ identifying health information to notify affected consumers, the FTC and, in some cases, the media, in the event that there is a data security breach leading toRead More
April 13, 2022 |
Kenneth A. Novikoff’s Winter issue of the Employment Law Reporter was published in the Employee Relations Law Journal.
This column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition agreements. All of the decisions analyzed in this column are by New York courts – federal and state. The courts’Read More
April 7, 2022 | |
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
- A federal district court in Montana has ruled that a conveyance of property by policyholders under a title insurance policy to trusts was a voluntary conveyance to “a separate and distinct entity” and that,
April 7, 2022 |
Today, virtually every business is an e-business. Whether a business’ website looks much like it did when it was launched 10 years ago or has recently been updated to an e-platform offering the latest interactive tools, websites are often the first and best method of educating consumers about the business and its products and services.Read More
April 6, 2022 |
Here is what we cover in this issue of Employment Law Reporter Spring 2022:
- 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 considered
March 30, 2022 |
New York has an “estate tax cliff,” which can result in heirs paying New York estate tax at a rate exceeding 100%. The current per-person NYS estate tax exemption is $6.11 million, which is the amount you can leave to your heirs at your death without paying NYS estate tax. If your taxable estate, however,Read More
March 29, 2022 |
Fourth Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy For Accident On Driveway Of Leased Premises
Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory judgment action against Main Street America Assurance Company, as the liability insurer for the landlord’s tenant, seeking a declaration that Main Street had aRead More
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