Stella Lellos and Lindsay Brocki wrote, “M&A Earnouts: The Devil Is in the Uncertainty,” for the Winter 2026 issue of USLAW Magazine.

The article describes the advantages and pitfalls of earnout provisions as well as the transaction types that can most benefit from this mechanism.

Click here to read the article.

This week, Governor Hochul announced a proposal significantly expanding state scrutiny over corporate health care transactions. This proposal reiterates previously expressed concerns that both private equity and health system acquisitions of medical and dental practices lead to reduced access to care, declining quality and higher prices.

While stopping short of requiring actual Health Department approval

On January 15, 2026, Long Island Business News published Chris Murray’s opinion piece, “How antirust laws ruined college football.”

Here is the full text.

Everyone who follows college football saw huge changes in the game this year. There is now revenue sharing between the colleges and players, a realignment of conferences, expanded playoffs and no

On December 19, 2025, Governor Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act into law. The law amends CPLR Section 1007 to impose strict time limits on the commencement of third-party complaints and is set to take effect on April 18, 2026 (120 days after enactment). There have been Chapter Amendments

In an unfavorable Advisory Opinion issued last week[1], the Office of Inspector General, U.S. Department of Health and Human Services (“OIG”) found that a home care agency’s plan to market sign-on bonuses to prospective employees with the intention of employing those individuals to provide services to family members could result in sanctions for violating the

Southern District Finds Insurer Has Standing To Seek Additional Insured Coverage For Entities It Is Not Defending

A Manhattan property owner retained On Star Management LLC to manage a renovation project at its property and On Star, in turn, retained Batco Associates, LLC, to perform work at the project. Batco then retained CMG Improvements, Inc.,

We begin this month’s update with a pair of cases from the Eleventh Circuit, which unfortunately, both involve claims arising from senseless shootings. The court first takes up the issue of number of occurrences in the Marjory Stoneman Douglas High School mass shooting. It then considers whether an employer’s liability exclusion applies when an employee

The 21st Century Cures Act (“Cures Act”) required states to adopt electronic visit verification (EVV) systems for Medicaid-covered personal care services (“PCS”) by January 1, 2020 and for home health care services (“HHCS”) by January 1, 2023. According to the Centers for Medicare and Medicaid Services (“CMS”), the EVV requirement was imposed “in response to

Often, people with long-term medical or cognitive conditions that limit their ability to manage their daily care need in-home assistance. Since home care typically costs between $25 and $35 an hour, without long-term care insurance, home care is unaffordable or financially devastating for many.

Subject to eligibility, New York Community-based Medicaid (Homecare) is a solution.

Eastern District Finds Ongoing Operations Exclusion Is Unambiguous And Precludes Coverage For Worker’s Lawsuit

Steven Rodriguez owns property in Queens and leased one of the storefronts to a restaurant. Without Rodriguez’s permission, the restaurant hired a company to change the signage and awning in front of its storefront. A worker was injured when he fell

Courts considered some interesting insurance issues this past month.

The Indiana Supreme Court lent a sympathetic ear to insurers facing multiple claims against a single policy by adopting a “safe harbor” provision for interpleader.

The Eleventh Circuit applied the notice-prejudice rule to a claims-made and reported policy but found the insured could not overcome a

The 2025 National Health Care Fraud Takedown, announced in June, was the largest in history, with 325 defendants charged (including 96 providers) in 50 federal districts. In all, the charged schemes involved more than $14 billion in intended loss, and more than $245 million in cash, luxury vehicles, cryptocurrency and other assets were seized. These

Southern District Finds SIR Endorsement Does Not Apply To Additional Insured

Two underlying actions were filed against US Crane & Rigging LLC and its subcontractor, NY Crane Hoist Operations LLC, for damages caused by unsecured cranes at a building project during Hurricane Zeta. Liberty Mutual Fire Insurance Company defended its named insured, US Crane, in

In June, we wrote about the Commercial Division Advisory Council’s proposed amendment to 22 NYCRR § 202.70 to clarify what types of insurance cases may be heard. That amendment was approved October 8.

The New York Commercial Division is a leading court where complex insurance disputes are resolved. Disputes must meet a monetary threshold. But

We are pleased to bring you our monthly insurance update.

And insurance brokers will be pleased with the Connecticut Supreme Court’s decision on the scope of an insurance agent’s duties. The court held that an agent has no duty to inform the insured that its policy is at risk of being nonrenewed.

In Ohio, an