Recent Publications


Insurance Update
May 21, 2020 | Insurance Coverage
We bring you our May Insurance Update. We begin with three state high court decisions. Last month, we discussed the Texas Supreme Court’s reaffirmance of the eight corners rule.  This month, the Texas Supreme Court carves out an exception to that rule. Presented with a certified question involving the significance of “those sums” language on …
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Without a Plan, the State Decides Where Your Assets Go
May 20, 2020 | Trusts & Estates
You’ve heard the adage: Those who fail to plan, plan to fail. Never is that more true than with estate planning. When you create an estate plan, you choose exactly who gets your assets, how they get them and in what manner you will pass those assets to your loved ones. An estate plan often …
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New Executive Orders Aid OPWDD Facilities amid COVID-19
May 18, 2020 | Health Services | Compliance, Investigations & White Collar
In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD). By …
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Whether Buying or Selling PPE, Protect Yourself
May 15, 2020 | Compliance, Investigations & White Collar
There is no question that the COVID-19 pandemic has caused a shortage of personal protective equipment (PPE) and certain cleaning supplies. Although it may be tempting for manufacturers, suppliers and others with access to inventory or production of those products to use the supply shortage as a business opportunity, business owners should proceed with caution …
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Supreme Court Reverses ‘Bridgegate’ Convictions
May 15, 2020 | Compliance, Investigations & White Collar
Last week, the Supreme Court of the United States issued a decision in Kelly v. United States[1] that limits federal prosecutors’ ability to seek criminal charges for public corruption. The Kelly case concerns the 2013 “Bridgegate” scandal that resulted in the prosecutions of Bridget Kelly, Deputy Chief of Staff to former New Jersey Governor Chris …
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Kaiser Authors Article for Law360 on False Claims Act
May 13, 2020 | Compliance, Investigations & White Collar | Health Services
False Claims Act, Medical Necessity and Government Regulation of Medicine In recent years, much attention has been paid to what makes a claim “false” under the False Claims Act (“FCA”) when the underlying misconduct is based on the alleged lack of medical necessity for the services provided.  Bearing on this issue are Court of Appeals …
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What to Do about CARES Act Payments Made to Deceased Individuals
May 11, 2020 | Trusts & Estates
The Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act) is a federal economic relief package for American workers and families. It provides for payments of up to $1,200 to individuals ($2,400 for married couples) with additional payments of up to $500 for each eligible child. Financial eligibility for these payments is based …
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Employee Relations Law Journal – From the Courts
May 7, 2020 | Insurance Coverage | Employment & Labor
North Carolina District Court Permits Plan’s Lawsuit Against Third Party Administrator to Continue A federal district court in North Carolina has ruled that a plan subject to the Employee Retirement Income Security Act of 1974 (“ERISA”) had standing to assert breach-of-fiduciary duty claims under ERISA against a third party health insurance administrator for the plan. …
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Blue Bell Creameries Pleads Guilty to 2015 Listeria Outbreak, Former CEO Charged
May 5, 2020 | Compliance, Investigations & White Collar | Commercial Litigation
The United States Department of Justice (DOJ) announced that it had reached an agreement with Blue Bell Creameries of Brenham, Texas, to permit the company to plead guilty to two misdemeanor counts of distributing adulterated ice cream in violation of the federal Food Drug and Cosmetic Act and pay a criminal fine and forfeiture amount …
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Put Your Business on Solid Financial Footing before Hitting ‘Unpause’
May 5, 2020 | Bankruptcy | Corporate
Due to the COVID-19 pandemic and resulting economic shutdown, we have counseled our clients about how they can protect their rights as creditors once the economy begins to ramp up again. We have also advised them on how to make sure that they do not end up in their own perilous financial situation. Indeed, you …
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Supreme Court Hears First-Ever Telephonic Oral Argument
May 4, 2020 | Intellectual Property
On May 4, 2020, the United States Supreme Court heard its first ever telephonic oral argument in its history. The case, styled United States Patent and Trademark Office v. Booking.com, B.V., addressed the issue of whether the addition of “.com” to an otherwise generic term can create a protectable trademark. Erica Ross, an Assistant to …
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New York Insurance Coverage Law Update
April 29, 2020 | Insurance Coverage
District Court Rejects Insurer’s Attempt To Rely On Extrinsic Evidence To Deny Defense To Additional Insureds The City University of New York (“CUNY”) hired Genesys Engineering, PC to perform construction work at the Herbert H. Lehman College in the Bronx.  In turn, Genesys hired A.K.S. International Inc. to perform certain work at the project, including …
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Certain College Refunds Must Be Handled with Care
April 28, 2020 | Banking
Colleges and universities across the country have closed in response to the COVID-19 crisis. Some have announced that they will provide pro-rated refunds for certain expenses. If your college-age child received a refund for tuition or other education payments made through a 529 College Savings Plan (“529 Plan”), you will need to pay special attention …
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Insurance Update
April 27, 2020 | Insurance Coverage
Our April 2020 Insurance Update can be found here. We begin with a recap of some of the COVID-19 business interruption claims filed against insurers. For more on COVID-19, please be sure to visit our Coronavirus Resource Center. Here are some of the insurance articles you will find there. Proposed COVID-19 Bills Targeting Insurers: Do They Pass …
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Healthcare Providers Receive ‘Helicopter Money’ with Strings Attached
April 27, 2020 | Compliance, Investigations & White Collar | Health Services
In 1969, noted economist Milton Friedman coined the term “helicopter money” to describe the monetary policy of injecting liquidity into the market, much like dropping money to people from helicopters, as an alternative to quantitative easing. The CARES Act, popularly referred to as the Provider Relief Fund is a “helicopter” that dropped a lot of …
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