Recent Publications


Bankruptcy Law v. Employment Discrimination
July 31, 2010 | Corporate

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Bankruptcy Law v. Employment Discrimination

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Government, Private Parties Focus on Stopping Health Care Fraud
July 2, 2010 | Appeals | Insurance Coverage

In mid-June, the U.S. Attorney for the Eastern District of New York, Loretta E. Lynch, announced four separate indictments charging 17 individuals for their participation in an alleged health care fraud scheme. In addition, federal agents searched offices of 12 durable medical equipment retail companies located in South Brooklyn that were operated by the defendants

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New York Insurance Coverage Law Update
July 1, 2010 | Insurance Coverage

No Coverage Where Injured Party Was Employee Of Another Insured

In this declaratory judgment action, the owner and tenant of an accident site sought coverage for a personal injury suit brought by an employee of another insured. The owner, tenant and claimant’s employer were all insureds under the policy. The Appellate Division, First Department,

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Prevailing Plaintiff Denied Attorney’s Fees
June 30, 2010 | Insurance Coverage | Appeals

The plaintiff in this case brought a lawsuit under ERISA against Liberty Life Assurance Company of Boston after the insurer denied her claim for partial disability benefits. After the parties filed motions for summary judgment, the district court remanded the matter to the insurer for further administrative review of her claim. The district court instructed

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The Ins and Outs of Attorney-Corporate-Client Privilege
June 30, 2010 | Intellectual Property | Professional Liability

Please click the link below to view the The Ins and Outs of Attorney-Corporate-Client Privilege. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

The Ins and Outs of Attorney-Corporate-Client Privilege

© 2010 DRI. All rights reserved.

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Recent Developments In Excess Insurance, Surplus Lines Insurance…
June 30, 2010 | Insurance Coverage

Please click the link below to view the Recent Developments In Excess Insurance, Surplus Lines Insurance, and Reinsurance Law. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Recent Developments In Excess Insurance, Surplus Lines Insurance, and Reinsurance Law*

*Co-written with

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The Six Stages of Fiscal Ruination
June 30, 2010 | Health Services

Please click the link below to view the The Six Stages of Fiscal Ruin. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

The Six Stages of Fiscal Ruin

All rights reserved. Reprinted with permisson.

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Risks of the Consumer Product Safety Commission’s Database
June 15, 2010 | Intellectual Property | Professional Liability

On May 24, the Consumer Product Safety Commission (“CPSC”) issued a notice of proposed rulemaking[1] to effectuate the establishment of a statutorily mandated, publicly available, searchable online database containing consumer product safety information. The database is required by Section 212 of the Consumer Product Safety Improvement Act of 2008, which created a new Section 6A

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Health Care Compliance on a Shoestring
June 10, 2010 | Health Services

Please click the link below to view Health Care Compliance on a Shoestring. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Health Care Compliance on a Shoestring

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FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule
June 4, 2010 | Health Services | Corporate

The Federal Trade Commission (FTC) is further delaying enforcement of the “Red Flags” Rule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule. The Rule currently requires medical practices to develop and implement policies that would help prevent identity theft, arguably a burdensome requirement for

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Family Health Care Decisions Act Becomes Law
June 4, 2010 | Health Services | Corporate

On March 16, 2010, Gov. Paterson signed into law the Family Health Care Decisions Act, which allows family members, domestic partners or close friends to make medical care decisions for loved ones who are incapacitated. This replaces a law that forced many physicians to provide aggressive life-sustaining treatment to patients who had not signed a

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A New Era of Hospital-Physician Integration
June 4, 2010 | Health Services | Corporate

With budget cuts and the increasing administrative and regulatory complexities, hospitals are facing unprecedented challenges. This is especially true now with the passage of Health Reform legislation which promotes new payment models that are designed to reduce health care spending by rewarding providers who collaborate across of broad spectrum of disciplines and who achieve “value”

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New York Insurance Coverage Law Update
June 1, 2010 | Insurance Coverage

Top New York Court Finds Construction Manager Is An Additional Insured Where Named Insured’s Employee Claimed Injury

Regal Construction Corp. contracted with URS Corp., the construction manager, to work on a project at New York City’s Rikers Island. The commercial general liability (“CGL”) insurance policy obtained by Regal covered URS as an additional insured

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NYS Dept. of Health Proposes Amendments to the Cert. of Need Process
May 31, 2010 | Health Services

Please click the link below to view the Health Law Bulletin – June/July 2010. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Health Law Bulletin – June/July 2010

Reprinted with permission.  All rights reserved.

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Decision Based on Administrator’s Honest Mistake Entitled to Deference
May 31, 2010 | Insurance Coverage

The plaintiffs in this case were employees of Xerox Corporation who left the company in the 1980s, received lump sum distributions of retirement benefits they had earned up to that point, and later were rehired. To account for the plaintiffs’ past distributions when calculating the present benefits to which they were entitled (i.e., to avoid

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