The U.S. District Court for the Southern District of New York has denied defense motions to dismiss federal healthcare fraud conspiracy charges predicated on allegations that the defendants falsely represented to no-fault automobile insurance carriers that five medical professional corporations were owned, operated, and controlled by physicians in accordance with New York law.

The decision

Western District Holds That Employee Exclusion Does Not Preclude Coverage To Additional Insureds For Claim By Named Insured’s Employee

Employees of a subcontractor were injured on a construction project, and they sued the owner and the general contractor.  The subcontractor’s excess insurer, Mt. Hawley Insurance Co., disclaimed additional insured coverage to the owner and general

Daniel E. Furshpan and Ibtidanoor Rahman authored the US LAW Magazine article, “AI Adoption Poses Privacy Legal Pitfalls.”

With Artificial Intelligence (AI) performing tasks with human-like intelligence, many companies find themselves wondering how this new technology will impact their industry. From a legal perspective, there are new concerns about “data privacy and security along with questions

We bring you our August 2023 Insurance Update.

Mental state, in some form, is the common theme running through our first three cases this month.

The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary duties to shareholders, were entitled to a defense under the company’s CGL

During this past term, the Court of Appeals decided a number of important insurance law questions and cases involving insurance carriers that established precedents for insurers and for other parties. The opinions of the Court in the four cases discussed here were written by different judges. Moreover, three were unanimous and reversed the rulings below.

Long Island is especially beautiful in late summer and early autumn. The sizzling summer heat has started to fade, the leaves on the area’s stately trees are green, and the warm water temperatures continue to attract  beachgoers. It also is a time when the New York area typically experiences peak hurricane season. Hurricanes and other

In April 2021, the Administration for Children’s Services (ACS) filed a petition in Brooklyn Family Court alleging that an uncle who was legally responsible for his nephew had neglected the child by providing inadequate supervision and guardianship and by neglecting his education. Among other things, ACS offered the court voice recordings that it claimed supported

Steven Shapiro and Marc Ullman wrote the article, “What Dietary Supplement Companies Can Do to Address Potential Counterfeiting of Their Products,” for the August 2023 issue of Nutrition Industry Executive.

The article explains how counterfeit products are going mainstream by moving to legitimate websites. It details how two dietary supplement companies determined that a fraudsters were

In its August 2023 issue, Vitamin Retailer published Marc Ullman’s article, “Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore.”

The article explains how counterfeiters have entered the dietary supplements market and how their products have been able to proliferate. It also offers some advice on how consumers and retailers alike can protect themselves

Southern District Holds That Contractor’s Carrier Has Duty To Defend ConEd Even Though Contractor’s Work Ended Months Before The Accident

 A pedestrian tripped and fell on a Bronx sidewalk, and she sued the owner of the adjacent property. In turn, the owner brought a third-party action against ConEd, the utility company that had opened

In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways in which sellers can find potential buyers and work with advisors and brokers to evaluate the best fit. In this

Companies facing multidistrict litigation mass tort exposure have been utilizing a new technique to protect themselves and their related entities from mass tort claims.

Known as the Texas Two-Step, this creative use of the U.S. Bankruptcy Code gives related entities the benefit of the automatic stay without those companies having to file for Chapter 11

We bring you our July 2023 Insurance Update.

We begin with two cases about late notice.  First, the Kentucky Supreme Court considers whether the notice-prejudice rule applies to claims-made-and-reported policies.  Second, the Ninth Circuit provides an example of when prejudice can be determined as a matter of law.

The Wisconsin Supreme Court addresses the contours

While demand for new housing in the United States is strong, the ability to meet this demand is hampered by lack of water resources. This is especially true in states experiencing population growth such as Florida and Texas. Any proposal to develop new residential housing must include water conservation measures to assure there will be

Zoning boards have a difficult job. They must walk a narrow gauntlet between potentially killing a development project before it has begun by not allowing necessary variances and allowing harm to the environment that could be caused by the project.

Traditionally zoning boards focused on such issues as traffic, parking and whether a proposed project