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

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

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”

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

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

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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

Please click the link below to view The Past, Present And Future of Mold Litigation. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

The Past, Present And Future of Mold Litigation

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Insurance fraud continues to increase in New York,[1] and one area that is growing with particular vigor is no-fault insurance fraud. In response to the rise in no-fault fraud, the state Legislature is considering new legislation, and the New York State Department of Insurance is actively engaged in potentially substantial modifications to the regulations that

Second Circuit Opines That Limitations Period Begins To Run When Insureds’ Claim Against Homeowner’s Insurer Accrues

The insureds filed a claim with their homeowner’s insurer after their house began to collapse. The insurer denied coverage, and the insureds sued. The insurer maintained that the limitations period had expired, relying upon a policy provision that

Please click the link below to view the Health Law Bulletin – April/May 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 – April/May 2010

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Law firms in New York and across the country are being targeted in counterfeit check schemes that, according to the federal government, typically have the following elements: Scammers send e-mail to a law firm, claiming to be overseas and seeking legal representation to collect delinquent payments from third parties in the U.S. The law

Please click the link below to view the Litigation & Appeals Law Alert – May 2010. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Litigation & Appeals Law Alert – May 2010

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Please click the link below to view “Will Insurers Still Ride With Toyota?” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Will Insurers Still Ride With Toyota?

Copyright © 2010 by A.M. Best Company, Inc. Reprinted with permission. All rights

In September 2007, Triumph Apparel Corporation fired the plaintiff after approximately one year of employment after she refused either to accept part-time employment or to remain at work until 3:00 p.m. on Fridays. Asserting that Triumph had refused to accommodate her religious observance of the Jewish Sabbath, the plaintiff sued for employment discrimination on the

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How Liability Issues Ultimately Lead to Insurance Concerns