Recent Publications


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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NY Dental Hygiene Bill Expands Hygienists’ Authority to Administer Anesthesia
June 21, 2022 | Health Services

Last month, New York Gov. Kathy Hochul signed into law a dental hygiene bill that allows dental hygienists to use nitrous oxide and local infiltration anesthesia to assist dentists with all dental procedures. The bill, which was originally introduced in the State Senate in May 2021, amends section 6605-b of the Education Law effective immediately.

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Minarovich Authors Article on Insurance Coverage Implications of Child Victims Act
June 20, 2022 | Insurance Coverage

Siobhain Minarovich wrote, “Insurance Coverage Issues Presented by Child Victims Act Legislation,” for the summer 2022 issue of USLAW Magazine. The article discusses the legislation’s insurance coverage issues, exclusions and expected defense of claims brought under the act.

Click here to read the article.

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The FTC’s Newest Focus: ‘Preventing Digital Deception’
June 17, 2022 | Privacy, Data & Cyber Law

The explosive growth of internet advertisements has been accompanied by increased risks to consumers, including from the content of online disclosures regarding their purchases, the products and services that are provided and businesses’ collection and use of their private data.

For example, advertisers now deploy a variety of digital advertising tools that help them identify

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Rutkin Writes on Differing Interpretations of Cyberfraud Cases for Best’s Review
June 16, 2022 | Privacy, Data & Cyber Law | Insurance Coverage

Alan Rutkin authored, “US Courts Offer Differing Interpretations of Cyberfraud Cases” for the June 2022 issue of Best’s Review. The article explores the prominent court recently addressed whether commercial crime insurance covers cyberfraud. The decision illustrates courts’ confusion in this area. When it comes to cyberfraud, courts continue to give different answers to the same questions.

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Wendy and Jen Wreck the Movies: Life As We Know It (2010) or Why Your Fraternity Brother May Not Be Suitable for Carpool
June 16, 2022 | Trusts & Estates

What Happens?

In a twisted psychological experiment, Allison and Peter Novak set up their friends Holly Berenson and Eric Messer (a/k/a Messer) on a date.  Holly and Messer are as incompatible as pineapple and New York pizza, and the matchmaking experiment predictably tanks.  The Novaks cannot leave well-enough alone, they double down and pull an

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For Business Owners, a Shareholders’ Agreement Is Vital
June 13, 2022 | Corporate

I love playing board games with my children and the games in our home have been known to get pretty competitive. From time to time, a friend will join, and we always make sure all of the players have a clear understanding of the rules, both those included in the box or any “house rules”

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What Do You Do if an Oil Tank Is Buried in Your Yard?
June 8, 2022 | Commercial Litigation

It is not uncommon for Lloyd Harbor residents to have old steel heating oil tanks buried in their yards. Although these underground tanks continue to successfully heat our homes, they do not last forever. They are not protected from corrosion and, as a result, can pose an expensive and unexpected risk to unsuspecting homeowners and

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US Courts Offer Differing Interpretations of Cyberfraud Cases
June 1, 2022 | Privacy, Data & Cyber Law

A prominent court recently addressed whether commercial crime insurance covers cyberfraud. The decision illustrates courts’ confusion in this area. When it comes to cyberfraud, courts continue to give different answers to the same questions.

As I’ve previously written, the questions are easily remembered with the acronym “ACAI.”

Act: Is the “act” covered?

Causation: Were the act and

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Transitioning to a DSO: An emerging trend in orthodontic practices
May 31, 2022 | Corporate | Health Services

Over the last several years, the dental services industry has become increasingly consolidated, creating significant financial opportunities for investors as well as financial and exit opportunities for dentists. This consolidation has been driven in large part by Dental Services Organizations (DSOs) formed by dentists and/or private financial investors (e.g., private equity) through the acquisition of

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