Recent Publications
July 2, 2025 |
The U.S. Food and Drug Administration (FDA) announced the availability of the Final Guidance for Industry: Questions and Answers Regarding Food Allergens, Including the Food Allergen Labeling Requirements of the Federal Food, Drug and Cosmetic Act (Edition 5). This final guidance is replacing all previously issued draft and final guidances by FDA concerning allergen labeling.
Read MoreJuly 1, 2025 |
While we may know better, an 18-year-old is generally considered an adult under New York law. Many of those 18-year-olds will be heading off to college in the next couple of months. Parents’ rights to make decisions for their children change suddenly when they become 18. Parents no longer have complete access to their child’s
Read MoreJune 27, 2025 |
The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases may be heard.
Under the current rules, the Commercial Division may hear “environmental insurance coverage” and “commercial insurance coverage”
Read MoreJune 26, 2025 |
First Department Finds Additional Insured’s Late Notice Prejudiced Insurer
A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its insurer, Hartford Fire Insurance Company. Although the
Read MoreJune 25, 2025 | |
Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine.
The story explains “personal and advertising” injury coverage that is provided by the Coverage B part of a general liability insurance policy. It also discusses the nuances among
Read MoreJune 24, 2025 |
We’ve selected five recent insurance decisions for this month’s update.
Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is self-executing, the court opened a path for these insurers to arbitrate coverage disputes, even where state law prohibits insurers from doing so.
Read MoreJune 16, 2025 |
If you have a loved one with special needs, you know that caring for him or her can, at times, feel totally overwhelming. Presumably, you have retained an attorney to guide you through the special education process in your district. Now it is time to consider meeting with a special needs planning attorney to ensure
Read MoreJune 12, 2025 |
Selling goods or services online can be a challenge, as there are various legal issues to consider. Here are my top 10 recommendations for protecting your rights when using the internet as a tool for sales or licenses:
- If you are selling an original work of authorship or using one to promote or advertise
May 29, 2025 |
Southern District Finds No Additional Insured Coverage, Insurer Did Not Waive Non-Existence Of Coverage Defense, And Insurer Not Estopped From Disclaiming Coverage Where No Prejudice
Utica National Assurance Company issued a liability policy to Bond Painting Company. Bond’s employee was injured working at a construction project at premises leased by Amazon.com Services Inc. and filed
Read MoreMay 23, 2025 | |
Jeff Kaiser’s article, “COVID-19 Pandemic Fraud Enforcement Efforts Overview,” was published on the Lexis Nexis legal research tool, Practical Guidance.
In the article, Jeff offers a comprehensive overview of enforcement efforts related to COVID-19 pandemic fraud.
Read MoreMay 22, 2025 |
We touch upon several issues in this month’s update.
Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its obligations, courts are divided over whether that claim qualifies for coverage. The answer depends on whether there is an
Read MoreMay 21, 2025 | |
Just last week, we reported that the 2025/26 NYS Budget Bill did not include a provision that would have increased the requirements for seeking Department of Health (DOH) approval of a material healthcare transaction (which generally means one that increases revenues from healthcare services by at least $25 million) [here]. We have previously written about
Read MoreMay 16, 2025 | |
We recently wrote about proposed legislation that would have substantially increased the existing reporting requirements for material healthcare transactions in NYS that have existed since Public Health Law (PHL) Article 45-A was enacted two years ago. We provided a detailed review of the current PHL 45-A here and here.
The proposed legislation would have amended PHL 45-A and
Read MoreMay 13, 2025 |
May is mental health month, the perfect time to address this important topic. Mental health and substance abuse disorders affect many families. These issues need to be considered in estate planning.
Mental health and substance abuse disorders cannot be “cured,” but they can be managed with proper support. Frequently, “relapse” is a facet of the
Read MoreMay 12, 2025 |
The Supreme Court recently issued an opinion, resolving a circuit split, narrowing the sovereign immunity exception by limiting a trustee’s ability to pursue avoidance actions against the government when such action invokes the rights of a creditor holding an unsecured claim to set aside a transfer that is “voidable under applicable law”. The effect of
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