Recent Publications


Accounting for Digital Assets in Your Estate Plan
March 29, 2023 | Privacy, Data & Cyber Law | Trusts & Estates

The beginning of March marked the collapse of crypto-focused Silvergate Bank. That same month, the bank shut down its Silvergate Exchange Network, which allowed clients with holdings in digital currency to move U.S. dollars from their own account to the bank accounts of other Silvergate customers.

Cryptocurrency, nonfungible tokens and other digital assets and emerging

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New York Insurance Coverage Law Update
March 28, 2023 | Insurance Coverage

Southern District Finds That Exclusion In HO3 Form Precludes Coverage Even Though Form Inadvertently Omitted From Copy Of Policy Sent To Insured

Scottsdale Insurance Company issued a homeowner’s policy to 232 Dune Road LLC (insured) for a vacant oceanfront property in Quogue, New York where the insured was building a home.  On March 26, 2020,

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What Trustees and Executors Should Know About FDIC Coverage
March 27, 2023 | Trusts & Estates | Banking

Recent headlines about bank closures have prompted people to check their personal bank accounts to make sure the balances are under the $250,000 FDIC insurance limits. The Federal Deposit Insurance Corporation (FDIC) is an independent agency of the United States government that protects depositors of insured banks against the loss of their deposits if an

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The Title Reporter — Spring 2023
March 23, 2023 | 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 Arkansas, affirming a trial court’s decision, has ruled that a title insurer had properly denied coverage to an insured bank in connection with a defect in title of which the
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Out-of-Staters Beware: An In-Person Contract Discussion May Subject You to Suit in New York
March 22, 2023 | Commercial Litigation

Think before you book your next business trip to the Empire State. Perhaps that important contract discussion with your counterpart can be accomplished remotely. Although you may miss out on Long Island’s Gatsbyesque mansions, that City “feeling,” or Upstate’s natural grandeur, staying put may just save yourself or your company from being on the wrong

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New York’s Highest Court Again Declines to Erode the “Special Duty” Doctrine
March 22, 2023 | Commercial Litigation

Municipal litigation counsel can continue to sleep soundly. Before the New Year, the New York Court of Appeals, once again, reaffirmed the “special duty” doctrine in Maldovan v. County of Erie.[1]

As any first-year law student learns, the tort of negligence requires a showing that the defendant breached some “duty” owed to the plaintiff. However,

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Got a Charitable Interest? Revisiting the Registration Requirements for Charitable Estates and Trusts
March 22, 2023 | Trusts & Estates

Joseph La Ferlita and Nicholas Moneta authored the article “Got a Charitable Interest? Revisiting the Registration Requirements for Charitable Estates and Trusts” for the New York State Bar Association’s Trusts and Estates Law Journal.

“Frequently, estates and trusts have charitable beneficiaries. Trusts and estates attorneys should familiarize themselves with the rules that require certain estates

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The Prohibition against the Corporate Practice of Medicine: Alive and Well and on the Government’s Radar
March 22, 2023 | Health Services

A law in New York Governor Hochul’s proposed budget aimed at regulating “large physician practices being managed by entities that are investor-backed” has been dropped from the State Senate and Assembly proposed budgets (S4007B/A3007B).

Subject to final budget negotiations, the proposed law appears unlikely to be enacted in the immediate future. However, the proposal to

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Estate Planning Lessons from the Presley Family
March 21, 2023 | Trusts & Estates

Attention-grabbing headlines declare that Priscilla Presley is challenging Lisa Marie Presley’s trust. The facts of the case, as they appear in the court filing, are not as dramatic as the headlines, but the controversy surrounding Lisa Marie Presley’s estate highlights many of the potential pitfalls that can arise when estate planning occurs without the input

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Ullman Interviewed about Potential FDA Lawsuits Over CBD
March 17, 2023 | Compliance, Investigations & White Collar
Marc Ullman was interviewed for Natural Products Insider’s article “Suing FDA over CBD would face procedural, substantive hurdles.“

The FDA is facing possible legal action after three citizen petitions were rejected by the administration. All petitions were requesting that the FDA allow for the inclusion of CBD in dietary supplements, through some trade groups.

Ullman

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Insurance Update
March 16, 2023 | Insurance Coverage

We bring you our March Insurance Update.

As college basketball programs embark on the road to the final four, we select our top four insurance cases from the past month.

In a dispute over the priority of coverage, the New Jersey Supreme Court weighs in on whether a city’s membership in a joint insurance fund

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Estate planning for the second marriage: Protecting the kids
March 6, 2023 | Trusts & Estates

What is one of the things that kids from a first marriage worry about when their parent re-marries? The “evil” step-parent getting it all, of course. Many parents struggle with the problem of alleviating the fears of their children in this regard. There are steps you can take to ease their minds and your own.

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Healthcare Fraud Tops DOJ’s Annual False Claims Act Report – Again!
March 2, 2023 | Insurance Fraud

The Department of Justice (DOJ) released a report on February 7 detailing the settlements and judgments it obtained under the federal False Claims Act (FCA) for the fiscal year (FY) ending September 30, 2022. The statement provides a wealth of information about the government’s fight against federal program fraud, especially fraud relating to federal health

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Investor Beware: 1031 Exchanges Come with Legal Pitfalls
March 1, 2023 | Real Estate, Zoning & Land Use

Capital gains taxes can take a chunk out of the proceeds from an investment property sale – sometimes upward of 30% when federal and state taxes are combined. A 1031 tax deferred exchange is one way to defer paying capital gains taxes on real estate investments, but it comes with requirements that, if not met,

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New York Insurance Coverage Law Update
February 28, 2023 | Insurance Coverage

Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess

Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his automobile while driving within the scope of his employment with the Town of Riverhead, which was insured by ACE Insurance.  The

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