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

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

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,

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

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

Fourth Department Holds That Ensuing Loss Exception To Faulty Workmanship Exclusion Applies To Restore Coverage For Water Loss

The insureds owned a house covered by an all-risk homeowner’s insurance policy issued by Erie Insurance Company of New York that provided coverage for damage to the house unless specifically excluded.  The policy contained an exclusion for

Nancy Del Pizzo was quoted in the May 22 article of the Law.com article, “ChatGPT Faces Defamation Claims. Will Section 230 Protect AI Chatbots?” The article discusses whether AI chatbots will be protected under Section 230.

“For example, Nancy Del Pizzo, co-chair of Rivkin Radler’s Intellectual Property Practice Group noted that, “even if a website

Avi Sinensky authored the USLAW article, “Great Resignation Spurs Spike in M&A Activity.”

The “Great Resignation” refers to the uptick of employees who left their jobs from 2020-2022. While many factors contributed to the volatile job market, one unexpected outcome was an increase in record-breaking M&A deals. Stakeholders and C-suite executives alike are attempting to

One of the many new provisions enacted as part of the 2023-2024 New York State Budget was an increase in the minimum wage for home care workers.

Initially, it is important to note that the $1 hourly increase in the minimum wage for home care workers in New York State, slated to take effect October

Additional insureds and applications.  That’s our main theme this month.

Additional insured disputes can sometimes get complicated.  How much coverage the additional insured gets is often a hotly contested issue, especially when the named insured has coverage above the minimum limits it promised to get for the additional insured.  We see different outcomes on this

It is important to note that if a contractor or worker gets injured on your job, you may be held legally responsible.

Springtime not only brings warmer weather, luscious greenery, and colorful flowers to Long Island, but it is also the season when many homeowners begin construction and home improvement or renovation projects.

Depending on

Frank Izzo and Joseph Pidel wrote an article for Law360 on two recent court decisions that implicate the assumption of risk clause.

To read the article, click the link below.

Considerations for Assumption of Risk in NY Sports Suits

Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later, the New York Supreme Court declined to follow it.

Conflicting rulings, however, left the issue unsettled and landlords without clear guidance.

In 2020,

The New Jersey Division on Civil Rights (DCR), which addresses and prevents housing discrimination in New Jersey, has increased its enforcement measures over the past 18 months. The increase in enforcement coincides with a rise in DCR complaints by both current and prospective tenants alleging violations of the New Jersey Law Against Discrimination (the LAD)

A number of years ago, a couple purchased a three-story house in Woodside, Queens, that contained three separate dwelling units, each with its own kitchen, bathroom, and separate entrance. Thereafter, the couple applied for and obtained a fire insurance policy from Otsego Mutual Fire Insurance Company, indicating on their application that the house was a