Recent Publications


Federal Civil Law Remains Unclear Regarding Where an Action May Be Brought
May 9, 2022 | Commercial Litigation

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 of

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Hillman and La Ferlita Article Published in NYSBA Journal
May 6, 2022 | Trusts & Estates

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, the

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Have You Addressed Your Crypto Assets in Your Estate Plan?
May 6, 2022 | Trusts & Estates

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 thinking

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Rule 9(b) Pleading Requirements Under the False Claims Act
May 5, 2022 | Insurance Fraud

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. This

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

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 owner

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Title Insurance Reporter Published in Real Estate Finance Journal
April 22, 2022 | Real Estate, Zoning & Land Use

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.

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Wendy and Jen Wreck the Movies: Brewster’s Millions (1985) or Put me in, Coach, I’m ready to PAY, Within 30 Days!!!
April 21, 2022 | Trusts & Estates

What Happened:

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 days

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Insurance Update
April 21, 2022 | Insurance Coverage

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”
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FTC Appears Ready to Begin Enforcing Its Health Breach Notification Rule
April 18, 2022 | Privacy, Data & Cyber Law

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 to

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Novikoff’s Employment Law Reporter Published in Employee Relations Law Journal
April 13, 2022 | Employment & Labor

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’

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The Title Reporter — Spring 2022
April 7, 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:

  • 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,
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Is It Time to Update Your Website Terms?
April 7, 2022 | Privacy, Data & Cyber Law

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.

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The Employment Law Reporter
April 6, 2022 | Employment & Labor

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
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The New York State Estate Tax Cliff and the “Santa Clause” Fix
March 30, 2022 | Trusts & Estates

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,

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New York Insurance Coverage Law Update
March 29, 2022 | Insurance Coverage

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 a

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