Once the bastion of college students and computer geeks, social media[1] are now established means of communication for mainstream society – be it commercial, political or personal speech.

Businesses increasingly rely on social media to create “buzz” around their products and services, effectuate deals and sales and provide key customer-business interfaces, among other things. Obviously,

This article is planned as the first in a series of short articles concerning practice tips in the handling of a construction defect case from initial assignment, through discovery and trial preparation.  The focus will mainly be for the newer practitioner (or one new to the field) and I will draw upon my almost 30

No Coverage For Mold Case Where Alleged Injury Outside Policy Period

The underlying plaintiff’s allegation of exposure to mold during the policy period did not trigger any duty to defend or to indemnify where the injury allegedly occurred after the policy period. As the court reasoned, New York follows the “injury-in-fact” test that “rests

The plaintiff argued that his employer, Advanced Healthcare, had violated the Americans with Disabilities Act (ADA) when it allegedly terminated him on January 30, 2009. The plaintiff claimed he was a qualified individual with a disability under the ADA because his renal cell carcinoma (which was in remission at the time of the alleged termination)

Please click the link below to view “Contractors Entitled To Jury Trial In Mechanics’ Lien Foreclosure Cases.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Contractors Entitled To Jury Trial I Mechanics’ Lien Foreclosure Cases

Reprinted with permission from the

Stranger-originated life insurance (“STOLI”) policies have emerged in large numbers over the last decade and now comprise a growing segment of the insurance market. In a typical STOLI arrangement, speculators collaborate with an individual to obtain a life insurance policy in the name of that individual, and then sell some or all of the death

Policies that include the cost of defending a particular claim or action in the policy’s limit of liability are commonly referred to as “Burning Limits” or “Defense Within Limits” policies.  Such policies raise a number of significant coverage issues for the insurer, the insured, and the third-party claimant.  This article examines how courts around the

Insurer Must Defend Restaurant Owner In Suit Following Fight At Party

A restaurant employee fatally stabbed a guest and injured another person at a party hosted at the restaurant by the owner. The Appellate Division, First Department, agreed with one insurer that it had no duty to defend or to indemnify the restaurant owner

Section 1132(g)(1) of ERISA states that in an action under ERISA, such as one by an employee to obtain benefits pursuant to an employer’s disability income insurance plan, the court, in its discretion, may allow reasonable attorney’s fees and costs of action to either party. This past May, in Hardt v. Reliance Standard Life Ins.

The Affordable Care Act has created within Centers for Medicare & Medicaid Services (“CMS”) a new Center for Medicare and Medicaid Innovation (“CMMI”).  The purpose of CMMI is to develop and test innovative payment and delivery system models designed to encourage coordinated care in Medicare, Medicaid and CHIP.  $10 Billion has been appropriated for

Construction Industry Fair Play Act

New York Governor David A. Paterson recently signed into law the “Construction Industry Fair Play Act,” a new piece of legislation that will drastically affect employers in the construction industry. Reflecting a continued concern over employer misclassification of independent contractors, the new law, which took effect on October 26,

The midterm elections, now just two days away, have been marked by explosive growth in the use of Web 2.0 tools such as online social networking and blogging in an effort to garner support and electrify voters.

The sophisticated nature of today’s political campaigns makes the results of a recent survey by the Coalition Against

Insured’s Assignees May Not Bring Bad Faith Action Against Insurer Where Insured Could Not Assert That Claim

Personal injury plaintiffs obtained a judgment against a restaurant, which assigned them its rights against its insurer. The plaintiffs, as the restaurant’s assignees, then brought suit against the insurer, arguing that it had refused in bad faith

As of January 1, 2012, information must be collected identifying the amount and nature of any compensation, reimbursements or other payments that physicians and teaching hospitals receive from manufacturers of pharmaceutical drugs, medical devices, biologicals and medical supplies, for consulting services or other arrangements.  This information will be made publicly available beginning on September 30,

The Patient Protection and Affordable Care Act (PPACA) created several new requirements for tax-exempt hospitals which must be compiled with in order to maintain federal tax-exempt status.  The PPACA creates a new IRS Code Section 501(r) which imposes four requirements on tax-exempt hospitals (these requirements are in addition to existing law under Section 501 (c)(3),