Recent Publications


McNamara Publishes A.M. Best Article, “Reinsurance and BI Claims”
August 3, 2020 | Insurance Coverage
Peter McNamara’s article, “Reinsurance and BI Claims” has been published in the August 2020 issue of Best’s Review magazine. The article discusses how reinsurers need to evaluate their obligations, especially if legislation is passed expanding their exposure. Click here to read the article. Best’s Review:  August 2020. Copyrighted A.M. Best Company, Inc. 2020.  All Rights …
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Bank Publishes Article in Summer 2020 USLAW Magazine
July 30, 2020 | Privacy, Data & Cyber Law
Brian Bank published the article, “Cross-Border E-discovery in the Privacy Era,” in the Summer 2020 issue of USLAW Magazine. Click here to read the article. …
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New York Insurance Coverage Law Update
July 30, 2020 | Insurance Coverage
New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential co-operative units. After Rice and its subcontractors completed the renovation work, the Tamers complained of a draft so Rice returned and installed …
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Richman and Bushwack Publish Article in Mealey’s Elder Law Report
July 21, 2020 | General Liability
David Richman and Jacqueline Bushwack published the article, “The Invisible Tort: Preparing For The Defense Of COVID-19 Negligence Claims” in Mealey’s Elder Law Report. It was previously published in Mealey’s Personal Injury Report. The article discusses how lawsuits are likely to be brought up against businesses if someone thinks he or she contracted COVID-19 there. …
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You Can Be Compelled to Arbitrate Based on an Agreement You Didn’t Sign
July 21, 2020 | Commercial Litigation
As a general rule, parties cannot be forced to arbitrate a dispute unless they signed a clear and binding agreement to arbitrate. However, a recent decision issued by New York County Commercial Division Judge Barry Ostrager reminds litigants that parties, who invoke the benefits of an agreement requiring arbitration, may, in fact, be compelled to …
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Insurance Update
July 15, 2020 | Insurance Coverage
We bring you our July Insurance Update. Perhaps the biggest news this month comes out of Michigan. At a Zoom hearing on July 1, a Michigan Circuit Court judge became the first to hand down a decision on whether business interruption losses caused by COVID-19 are covered.  In Gavrilides Mgmt. Co. v. Michigan Ins. Co., …
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Government Officials, and Insurers, in Fight Against COVID-19 Fraud
July 10, 2020 | Insurance Coverage
There have been abundant opportunities for fraud since the beginning of the COVID-19 pandemic. News stories and legal proceedings have highlighted fraud relating to everything from loans under the Paycheck Protection Program (PPP) to mis-labeled and missing personal protective equipment (PPE). Insurers have seen their share of fraudulent or excessive claims as well. Price Gouging …
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Like Cloth Masks, Corporate Protections Are Not Absolute
July 9, 2020 | Corporate
We live in a different world than a few months ago. The existence of a pandemic in our community has impacted every aspect of our day-to-day life and has brought an unprecedented amount of uncertainty and anxiety as to the shape and tenor of our future experiences. So, in order to enjoy some degree of …
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The Employment Law Reporter
July 9, 2020 | Employment & Labor
Welcome to the Summer 2020 issue of The Employment Law Reporter. This inaugural issue of this quarterly newsletter first reviews the landmark U.S. Supreme Court opinion in which the Court ruled that an employer that fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. This …
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Time to Prepare for Possible Medicaid Home Care Changes
July 8, 2020 | Trusts & Estates
Community Medicaid Services will undergo a significant change on October 1, 2020, due to the passage of the New York State Budget Bill (“2020 Bill”). Although many of the changes in the 2020 Bill are subject to federal approval, this bulletin will offer an overview of what might be affected. You can take steps now …
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Trump Administration Changes Student Visa Eligibility for the Fall Semester
July 7, 2020 | Immigration
Immigration and Customs Enforcement (ICE) announced changes to the student visa program for the fall semester for international students in F-1 or M-1 status. The new policy has three key features: Fully online programs: Despite the global COVID-19 pandemic, the U.S. government will not issue visas or permit entry to F-1 and M-1 international students …
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NYC Dept. of Buildings’ Moratorium on Wellness Regulations Expires July 7, 2020
July 7, 2020 | Construction
The New York City Department of Buildings (DOB) previously issued a restart guidance for resumption of construction. The guidance can be found at https://www1.nyc.gov/assets/buildings/pdf/restart_enforcement_guidance.pdf. Pursuant to the guidance, construction projects subject to permits issued by the DOB, or otherwise regulated by the New York City Construction Codes and the New York City Electrical Code, may …
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Shapiro Offers Guidance to Health Food Retailers amid COVID
July 2, 2020 | Compliance, Investigations & White Collar
Steven Shapiro wrote an article for Vitamin Retailer entitled, “Operating a Health Food Retail Establishment in the Age of Coronavirus.” The article covers the measures retailers have taken to respond to the pandemic, including selling hand sanitizers and gloves, as well as the dangers of making claims about products purported to cure COVID-19. It also …
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The Notorious RBG Spits Fire: BOOKING.COM Is Not Generic
July 1, 2020 | Intellectual Property
As is often the case, technology develops faster than the law. In that connection, courts are often called upon to apply legislation from yesteryear to technology which, at the time the legislation was passed, would have been categorized as science fiction. Such was the conundrum faced by the Supreme Court in having to apply the …
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The Title Reporter
July 1, 2020 | Insurance Coverage
Welcome to the Summer 2020 issue of Title Reporter: A Legal Update for the Title Insurance Industry. This inaugural issue of this quarterly newsletter covers a wide range of recent decisions by courts across the country involving title insurance. Here, we explore how courts have calculated loss, addressed the doctrine of subrogation in the context …
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