Recent Publications


Murray: Zoning boards are the environment’s first line of defense
July 7, 2023 | Real Estate, Zoning & Land Use | Environmental

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

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Fraudulent Injury Lawsuits/Unnecessary Surgeries Exposed in Trip-and-Fall Scheme
July 6, 2023 | Insurance Fraud and Recovery

Personal injury attorney George Constantine and orthopedic surgeon Andrew Dowd were convicted by a Manhattan federal jury late last year for knowingly profiting from a massive $31 million trip-and-fall accident scheme. Constantine reportedly filed nearly 250 fraudulent personal injury lawsuits, and Dowd performed hundreds of unnecessary knee and shoulder surgeries on patients referred to him

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Strategies for Giving to a Favorite Charity
July 6, 2023 | Trusts & Estates

This article appeared in the Summer 2023 issue of  Conservation News, a publication of the North Shore Land Alliance.

You may already know about many of the amazing things the North Shore Land Alliance has done to protect our beloved Long Island. The mission of the Land Alliance is: “To conserve and safeguard Long island’s natural

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The Employment Law Reporter
July 5, 2023 | Labor & Employment

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

  • A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement after the purchaser breached the agreement by failing to make required payments.
  • A New York trial
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U.S. Supreme Court Diminishes Daimler and Upends Aybar
June 29, 2023 | Commercial Litigation

Plaintiffs’ counsel rejoice, defense counsel take note, and businesses beware. Daimler has been diminished and businesses are no longer only subject to general jurisdiction in states in which they are incorporated or headquartered.

On Tuesday, the United States Supreme Court issued its opinion in Mallory[1] and held that a business is subject to general jurisdiction

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New York Insurance Coverage Law Update
June 29, 2023 | Insurance Coverage

Second Circuit Finds That Subcontract Did Not Incorporate GC’s Obligation To Obtain Additional Insured Coverage For Owners And That GC’s Primary Policy Was Primary To GC’s Additional Insured Coverage Under Sub’s Umbrella

The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub)

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Contemplating Selling Your Practice? Consider These First Steps
June 26, 2023 | Corporate | Health Services | Dental Practice Counseling

In our last installment, we discussed that the dental services industry has undergone large-scale consolidation in recent years, primarily driven by Dental Services Organizations (DSOs) and private investors. We described what a DSO is and why it is a prevalent vehicle through which private investors are seeking to consolidate the dental services industry. We also

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5 Factors to Help Smooth a Syndication Deal
June 23, 2023 | Real Estate, Zoning & Land Use

You found the right site. You completed the due diligence and are negotiating the purchase and sale agreement. Now you must raise the equity. You have multiple sources, each with differing financial issues from tax to return requirements. Here are a few points sponsors should consider when syndicating a real estate deal:

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The Title Reporter – Summer 2023
June 22, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity to which the title company owed a duty was the
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Insurance Update
June 20, 2023 | Insurance Coverage

Courts took up some interesting insurance questions this past month.  Here’s some we address in our June Insurance Update.

When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply?

A professional liability policy will often pay the insured’s costs of responding to subpoenas or disciplinary proceedings.  What about search warrants?

People pay

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Biometric Regulation Leaps Forward with FTC Policy Statement
June 19, 2023 | Privacy, Data & Cyber Law

During the first few months of this year, it would not have been surprising if lawyers and corporate executives already believed that 2023 was going to be the “Year of Biometric Privacy.” Consider that, in February, the Illinois Supreme Court issued two significant decisions interpreting the state’s Biometric Information Privacy Act (BIPA), continuing its trend

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The Gallo Exemption: What It Is and Why You Should Know About It
June 15, 2023 | Trusts & Estates

While the generation-skipping transfer (GST) tax is complex, most estate practitioners who regularly deal with it eventually obtain a level of comfort, if not an expertise, concerning it. Such practitioners counsel their clients about avoiding or minimizing exposure to the tax. Some of the typical tools in the arsenal involve the GST tax annual exclusion

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VIP Products: Not As Smooth As Tennessee Whiskey
June 9, 2023 | Intellectual Property

The party is on in Lynchburg, Tennessee this weekend. In a unanimous decision authored by Justice Kagan, the Supreme Court held that the threshold First Amendment protections afforded by the “Rogers Test” do not apply where an alleged infringer uses a mark as a designation of source for the infringer’s own goods. In doing so,

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Back to Basics: Wills & Revocable Trusts
June 7, 2023 | Trusts & Estates

I am often asked about the difference between wills and revocable trusts, so I thought it important to explain the purpose of each.

Wills and revocable trusts basically do the same thing – each is a document in which you give away your assets to your beneficiaries upon your death. Both can be revoked and

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Supreme Court Narrows Scope of Clean Water Act
June 2, 2023 | Environmental

In Sackett v. Environmental Protection Agency, decided at the end of May, the Supreme Court substantially reduced the reach of the Clean Water Act (CWA). The issue before the Court was how far the Environmental Protection Agency (EPA) could go in utilizing the CWA to regulate activities on land.

The CWA prohibits the discharge of

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