Recent Publications


Using Your IRA to Make Gifts to Charity
November 1, 2023 | Trusts & Estates

If you are at least 70 ½ years old and have a traditional IRA, you can give up to $100,000 from your IRA account directly to charity. This direct transfer, called a Qualified Charitable Distribution (QCD), avoids having to  recognize the assets transferred to the charity in your gross income on your tax return.

Direct

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Majkowski and Russo Author Article in International Association of Defense Counsel Newsletter
November 1, 2023 | Complex Torts & Product Liability

Paul Majkowski and Lauren Russo authored, “Holding the Gate Against Talc Plaintiffs’ Experts: New Jersey Appellate Court Reverses Multi-Hundred Million Dollar Verdict,” for the October 2023 issue of IADC – Toxic and Hazardous Substance Litigation Newsletter.

Click here to read.

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‘Public Disclosure’ Bar Can Limit False Claims Act’s Fraud Suits
November 1, 2023 | Insurance Fraud and Recovery

The federal False Claims Act (FCA) imposes civil liability on anyone who “knowingly presents” a “fraudulent claim for payment” to the federal government. 31 U.S.C. § 3729(a)(1)(A). The FCA’s qui tam provisions allow private citizens, referred to as “relators,” to bring fraud claims on the government’s behalf against those who have violated the FCA’s prohibitions.

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NY Cannabis Licensing and Notice Deadline Extended
October 27, 2023 | Cannabis | Corporate

New York’s Office of Cannabis Management (OCM) announced that prospective applicants have an additional 14 days to submit their applications, extending the deadline for retail applicants with control of an eligible property to November 17, 2023, and all other applicants to December 18, 2023. The announcement clarified that the deadline for the Notice to Municipality

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Novikoff’s Summer 2023 Employment Law Reporter Published in Employee Relations Law Journal
October 26, 2023 | Labor & Employment

Kenneth A. Novikoff’s Summer issue of the Employment Law Reporter was published in the Employee Relations Law Journal Summer 2023.

This column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition discrimination agreements. All of the decisions analyzed in this column are by New York courts – federal and

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The Title Reporter: A Legal Update for the Title Insurance Industry
October 26, 2023 | Insurance Coverage | Real Estate, Zoning & Land Use

Here is what we cover in this issue of Title Insurance Update Autumn 2023

  • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the growing problem of deed thefts.
  • A trial court in New York has granted summary judgment to a
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October 2023 New York Insurance Coverage Law Update
October 26, 2023 | Insurance Coverage

Court Finds No Coverage For Stolen Jewelry Based On Conveyance Clause And Unattended Auto Exclusion

 The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry.  The insured’s complaint alleged that after attending a marketing event

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October 2023 Insurance Update
October 23, 2023 | Insurance Coverage

Here’s what we discuss in our October 2023 Insurance Update.

Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”

Massachusetts (federal): Insurer May Consider Sums Uninsured Party Would Have Paid Under Joint Defense Agreement When Assessing Costs Reasonably Related to Insured’s Defense

Delaware: Professional Services Exclusion Does Not Apply to

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Can Government Officials Block the Public on Social Media?
October 16, 2023 | Privacy, Data & Cyber Law

The U.S. Supreme Court has granted certiorari in two cases involving government officials who blocked individuals from their social media accounts.

One of the cases, Garnier v. O’Connor-Ratcliff, 41 F.4th 1158 (9th Cir. 2022), cert. granted, O’Connor-Ratcliff v. Garnier, No. 22-324 (Apr. 24, 2023), was decided by the U.S. Court of Appeals for the Ninth Circuit.

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New York and Connecticut Prohibit Geofencing near Health Care Facilities
October 13, 2023 | Health Services | Privacy, Data & Cyber Law

New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing laws, enacted partly in response to the Supreme Court Dobbs decision (to prevent advertisers from targeting people receiving reproductive services),

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The Corporate Transparency Act: Will it Impact You?
October 4, 2023 | Corporate

Please see here for a more recent article reflecting the November 2023 updates to the Corporate Transparency Act.

The Corporate Transparency Act (CTA) will affect most small, privately held businesses starting January 1, 2024. Does the CTA apply to you?

What is the CTA?
The CTA, a law enacted by Congress, will require certain

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The Employment Law Reporter: Autumn 2023
September 28, 2023 | Labor & Employment

Here is what we cover in this issue of Employment Law Reporter Autumn 2023:

  • The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York dismissing a plaintiff’s employment discrimination and defamation claims arising from her termination.
  • The U.S. District
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Estate Planning After Death: 20/20 Hindsight
September 28, 2023 | Trusts & Estates

Did you know that actions can be taken after you die (i.e., post-mortem) to achieve the best results possible for your testamentary plan? Some estate plans are intentionally structured to give your beneficiaries and your executor/trustee the ability to make educated post-mortem planning decisions after your death.

For instance, bequests can be altered through post-mortem

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Furshpan Co-Authors Recent Developments in Employment and Labor Law
September 27, 2023 | Labor & Employment

Daniel Furshpan co-authored the article “Recent Developments in Employment and Labor Law,” published in the Tort Trial & Insurance Practice Law Journal, a publication of the American Bar Association.

Click here to read the full article.

©2023. Published in Tort Trial & Insurance Practice Law Journal, Vol. 58, No. 2, Summer 2023, by the American Bar Association.

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September 2023 New York Insurance Coverage Law Update
September 27, 2023 | Insurance Coverage

Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions

Two employees of Extreme Residential Corp. were involved in a construction accident on July 30, 2019, and they sued several entities involved in the project who, in turn, filed a third-party action against Extreme. Extreme’s insurer,

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