Recent Publications

Heller Published in Pratt’s Banking Law Journal
January 14, 2019 | Banking
Michael Heller’s article, “New York’s Mortgage Tax Rules Burden Banks and Borrowers. But There’s a Solution” was published in Pratt’s Banking Law Journal. Click here to read the article. …
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Employee Benefit Plan Review – From The Courts
January 10, 2019 | Insurance Coverage
Sixth Circuit Again Rules That CBA Did Not Provide for Lifetime Retiree Healthcare Benefits The U.S. Court of Appeals for the Sixth Circuit has issued another decision concluding that a collective bargaining agreement did not provide for lifetime healthcare benefits for union retirees. The Case Every three to four years since 1973, General Electric Company …
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Insurance Update
January 9, 2019 | Insurance Coverage
We hope you had an enjoyable holiday and that your new year is off to a good start. Here’s a quick look at the cases discussed in our January Insurance Update. Nevada Supreme Court Says Insurer That Has Not Acted in Bad Faith May Still Be Liable for Any Consequential Damages Caused By the Breach …
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The False Claims Act: A Powerful Tool Against Federal Health Care Program Fraud
January 4, 2019 | Appeals
The most recent report by the U.S. Department of Justice (DOJ) on its recoveries under the federal False Claims Act (FCA) (see “Fraud Statistics—Overview, October 1, 1986 – September 30, 2018”) made it quite clear that the federal government continues to seek to combat fraud by health care providers against federal health care programs such …
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Trump Administration Proposes Changes to H-1B Lottery
January 3, 2019 | Employment & Labor
The public comment period for the Department of Homeland Security’s (DHS) proposed changes to the H-1B lottery system has now closed.  U.S. companies filing H-1B visa petitions must typically enter a lottery because the law caps the number of H-1B visas that DHS can issue each year. The proposed rule would make two important changes …
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New York Insurance Coverage Law Update
December 21, 2018 | Insurance Coverage
Assignee Of Winning Bid At Foreclosure Sale Not Entitled To Insurance Proceeds For Water Damage To The Property A bank that was the highest bidder at a foreclosure sale assigned its bid to Wilmington Savings Fund Society, and Wilmington received a referee’s deed for the property.  After a water pipe burst in the dwelling located …
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New Guidance Helps Determine GDPR’s Application to New York Businesses
December 18, 2018 | Privacy, Data & Cyber Law
The European Union’s General Data Protection Regulation (the GDPR) took effect just about a half-year ago, but many small and mid-sized companies in New York, and elsewhere across the country, still may not understand whether the GDPR applies to them and, therefore, whether they must comply with its requirements. Fortunately, it now may be somewhat …
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Spero and Farino Publish Article in Nassau Lawyer
December 18, 2018 | Bankruptcy
Matthew V. Spero and Jeannine M. Farino published, “Bankruptcy Update, United States Supreme Court,” in the December 2018 issue of Nassau Lawyer. Click here to read the article. Reprinted with permission by the Nassau County Bar Association. …
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Del Pizzo Writes in ‘The Computer & Internet Lawyer’
December 17, 2018 | Privacy, Data & Cyber Law
Nancy Del Pizzo published an article in The Computer & Internet Lawyer entitled “Are Your Clients’ Web Sites Accessible?” It discusses how businesses’ online presence may leave company owners open to litigation due to a lack of accessibility by the disabled. It relates how the Americans with Disabilities Act prohibits discrimination at “places of public accommodation,” and …
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Insurance Update
December 13, 2018 | Insurance Coverage
Our December Insurance Update touches upon a few familiar insurance issues, and some new ones. We begin with a pair of cases addressing the number of occurrences, or in these cases, the number of accidents. The two cases involve similar facts – multiple collisions on a highway.  Both courts applied the “cause” theory.  In one …
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Shapiro Publishes Article in Nutrition Industry Executive
December 12, 2018 | Compliance Investigations & White Collar | Health Services
Steven Shapiro published an article in Nutrition Industry Executive, “What is Slack-fill & Why You Need to Know.” Click here to read the article. …
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UPDATE: OMIG Issues Changes to December 2018 Certification
December 7, 2018 | Compliance Investigations & White Collar | Health Services
OMIG has issued updates to its certification process for applicable Medicaid and Managed Medicaid providers, which may have a significant impact on providers who are required to certify by December 31, 2018. OMIG has expanded its certification to adopt five separate categories listed on the updated Social Services Law Certification Form: (i) Annual Certification, (ii) …
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Suffolk Prohibits Employers from Asking Applicants about Prior Compensation
December 6, 2018 | Employment & Labor
Suffolk County will now join New York City, Albany County and Westchester County, in prohibiting employers from inquiring into the salary and benefits history of job applicants. The intent of the new law is to reduce pay inequality for women and minorities. Effective June 30, 2019, an employer, employment agency, employee or agent in Suffolk …
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USCIS Clarifies 1-Year Foreign Employment Requirement for L-1 Visas
December 4, 2018 | Corporate | Employment & Labor
The United States Citizenship and Immigration Services (USCIS) has issued a policy memorandum clarifying the one-year foreign employment requirement for an L-1 visa for intracompany transferees. Previously, USCIS inconsistently applied this requirement when a foreign national was in the United States in one status but sought to change to L-1 status. An L-1 visa permits …
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New York Insurance Law Update
November 30, 2018 | Insurance Coverage
No Additional Insured Coverage For School District Under Named Insured’s Policy Where Named Insured Did Not Cause Its Employee’s Injury, 4th Department Rules An employee of a company that contracted to provide janitorial services to a school district was allegedly injured when she slipped on snow or ice in the school parking lot. The injured …
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