Recent Publications
March 23, 2026 |
In a March 3 letter[1] addressed to Gov. Kathy Hochul, CMS Administrator Dr. Mehmet Oz raised pointed concerns about fraud, waste and abuse (“FWA”) within New York’s Medicaid Program involving payments for home health-related services.
In his letter, Dr. Oz states:
Recent public reporting, federal prosecutions, and CMS analyses raise serious concerns about
Read MoreMarch 19, 2026 |
With the bellwether social media addiction trials wrapping up in Los Angeles, we thought a good place to start this month’s update is with a coverage decision out of Delaware (where Meta is based) on whether Meta’s insurers must defend those suits. A Delaware trial court considers whether social media addiction complaints, when stripped of
Read MoreMarch 10, 2026 |
If you have children under age 18, you should have trusts for each of them in your will or revocable trust. If minors under 18 years old inherit any assets from you, a guardian of the property (as opposed to a guardian of the person, which you designate in your will) must petition the court
Read MoreMarch 6, 2026 | |
Nancy Del Pizzo and Jaana Singh wrote, “Federal Court Rejects Privilege Assertion for AI-Generated Research,” for the American Bar Association, Litigation Section Intellectual Property Litigation Committee newsletter.
The article examines a recent ruling from the United States District Court for the Southern District of New York, highlighting how the use of consumer AI tools in legal
Read MoreMarch 6, 2026 |
A common pathway to growth for small and midsize firms – becoming an acquisition target – is losing its luster. Many firms are not interested in being acquired or relinquishing their identity to a national platform. At the same time, they recognize that remaining competitive requires capital investment that traditional partnership structures may struggle to
Read MoreMarch 5, 2026 |
In a recent decision, the New Jersey Supreme Court highlighted the importance of clearly documenting client intent and the limits of an attorney’s duty to non-clients.
In Christakos v. Boyadjis, 262 N.J. 447 (2026), defendant was retained by two brothers (collectively the “decedents”) to update their estate plans. In 2003, the brothers executed mirror wills,
Read MoreFebruary 27, 2026 |
First Department Finds Ambiguity In Exception To Exclusion And Interprets It In Favor Of Coverage
Mount Hawley Insurance Company issued a commercial general liability policy to a contractor that excluded coverage for property damage resulting from the insured’s labor, except for “interior tile” work. The insured contractor was retained to refurbish a bathroom. To level
Read MoreFebruary 19, 2026 |
Benjamin Malerba and Emily Manning wrote the Law360 article, “How to Prep as Private Equity Starts Investing in Law Firms,” which covers the emerging trend of PE investing in professional services firms.
Here is an excerpt.
Private equity investment in professional services has expanded significantly over the past decade, first gaining traction in healthcare and
Read MoreFebruary 18, 2026 |
It was a busy month for courts on insurance issues.
We begin in Illinois. If an insured has a permit that authorizes a certain level of emissions, are those emissions pollutants for purposes of a pollution exclusion? The Illinois Supreme Court instructs on the relevance of a permit when assessing whether a pollution exclusion applies.
Read MoreFebruary 18, 2026 |
On February 6, 2026, New York Governor Kathy Hochul signed the Medical Aid in Dying Act (MAID), making New York the 13th state to adopt similar legislation along with the District of Columbia. MAID has created a new Article 28-F to the New York Public Health Law, which will be effective August 5, 2026.
What
Read MoreFebruary 17, 2026 | |
Noncompete agreements remain in the Federal Trade Commission’s crosshairs. Although the FTC abandoned its pursuit of a nationwide ban, targeted enforcement is here, and the healthcare industry specifically has been placed on notice.
The Background
On September 5, 2025, the FTC announced it was walking away from its proposed national ban on noncompetes. However, in
Read MoreFebruary 13, 2026 | |
Last month, Dr. Mehmet Oz, Administrator of the Centers for Medicare & Medicaid Services (“CMS”), accompanied by other CMS officials, visited with home health and hospice providers and related industry associations to discuss ways to strengthen program integrity enforcement. CMS was reacting to calls from industry stakeholders and members of Congress to get a handle
Read MoreJanuary 29, 2026 |
Southern District Finds Mutual Mistake And Reforms Excess Policy To Avoid Illusory Coverage
The insured, a plumbing company, faced millions of dollars in potential liability for claims arising from a fire at an apartment building where the insured performed work. The insured sought coverage for those claims under a primary policy issued by The Travelers
Read MoreJanuary 27, 2026 |
Claims-made policies have automatic extended reporting periods that last for a stated amount of time. But those extensions end if the insured purchases a new policy. What if the new policy does not cover the claim? Is the extended reported period reinstated? As a Maryland federal court explains, that depends on the language of the
Read MoreJanuary 26, 2026 |
On December 12, 2025, Governor Hochul signed the New York Electronic Wills Act into law (the “EWA”).[i] Per the terms of the EWA, the legislation takes effect on June 10, 2027 (i.e., 545 days from its enactment), and will be codified as a new Section 3-6.1 et seq. of the New York Estates, Powers and
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