Recent Publications
March 16, 2023 |
We bring you our March Insurance Update.
As college basketball programs embark on the road to the final four, we select our top four insurance cases from the past month.
In a dispute over the priority of coverage, the New Jersey Supreme Court weighs in on whether a city’s membership in a joint insurance fund
Read MoreMarch 6, 2023 |
What is one of the things that kids from a first marriage worry about when their parent re-marries? The “evil” step-parent getting it all, of course. Many parents struggle with the problem of alleviating the fears of their children in this regard. There are steps you can take to ease their minds and your own.
Read MoreMarch 2, 2023 |
The Department of Justice (DOJ) released a report on February 7 detailing the settlements and judgments it obtained under the federal False Claims Act (FCA) for the fiscal year (FY) ending September 30, 2022. The statement provides a wealth of information about the government’s fight against federal program fraud, especially fraud relating to federal health
Read MoreMarch 1, 2023 |
Capital gains taxes can take a chunk out of the proceeds from an investment property sale – sometimes upward of 30% when federal and state taxes are combined. A 1031 tax deferred exchange is one way to defer paying capital gains taxes on real estate investments, but it comes with requirements that, if not met,
Read MoreFebruary 28, 2023 |
Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess
Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his automobile while driving within the scope of his employment with the Town of Riverhead, which was insured by ACE Insurance. The
Read MoreFebruary 24, 2023 | |
Many individuals are considered “house rich, cash poor,” meaning that their biggest asset is their house. While some of these individuals have an estate plan in place, many do not and are unaware of the consequences. Without proper estate planning, heirs inheriting a house can find themselves in a precarious situation. Fortunately, a provision in
Read MoreFebruary 23, 2023 |
Shari Lewis was quoted in the New York Law Journal article, “SCOTUS’s Section 230 Rulings Will Likely Reverberate Beyond BigTech.”
The Supreme Court is scheduled to hear two cases that could potentially change Section 230 of the 1996 Communications Decency Act. This act currently protects social media platforms from being held responsible for content posted by
Read MoreFebruary 22, 2023 |
As we turn the calendar to 2023 and the holiday gift-giving season is behind us, now is the time to consider this year’s changes to the estate and gift tax exemption. You may recall from earlier columns that the estate and gift tax exemption is the amount of money or assets the government lets you
Read MoreFebruary 22, 2023 |
Jeff Kaiser’s article, “DOJ Issues New Guidance on Criminal Enforcement,” appeared in the winter 2023 issue of USLAW Magazine.
Click here to read the article.
Read MoreFebruary 21, 2023 |
After Seventh Circuit Judges Frank Easterbrook, William Bauer, and Richard Posner ruled in National Rifle Association of America v. Chicago, 567 F.3d 856 (7th Cir. 2009), rev’d sub nom. McDonald v. City of Chicago, 561 U.S. 742 (2010), that the Second Amendment did not apply to the states, Harold Turner published a blog post declaring
Read MoreFebruary 16, 2023 |
Here are some of the leading insurance cases from the past month.
The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio and Delaware Supreme Courts, the Sixth Circuit found that because the suits do not seek “damages because of bodily
Read MoreFebruary 6, 2023 |
Jason B. Gurdus and Siobhain P. Minarovich co-authored the article for the Nassau Lawyer, “Insurance Coverage Issues Presented By New York’s Recent Abuse Victims Legislation.”
The article discusses when New York’s Child Victims Act (“CVA”) took effect and, that in 2022, New York’s Adult Survivors Act (“ASA”) took effect.
“These laws open a limited window
Read MoreFebruary 2, 2023 |
New Jersey presents a particular challenge for multifamily owners and managers. Unlike New York City, which has clearcut laws governing rent control, New Jersey has more than 100 municipalities, each with its own rent control ordinances. Multifamily purchasers and managers can unknowingly violate the ordinances unless they are aware of the requirements.
These municipal rent
Read MoreFebruary 1, 2023 |
On the heels of publishing their final regulations, on January 31st, the Office of the Medicaid Inspector General (OMIG) released a variety of guidance documents addressing compliance programs; self-disclosure; and Medicaid managed care fraud, waste and abuse prevention programs. The guidance documents can be found at:
- Provider Compliance Programs: https://omig.ny.gov/compliance/compliance-library
- Self-Disclosure: https://omig.ny.gov/provider-resources/self-disclosure
- Medicaid Managed Care Fraud,
January 31, 2023 |
By Jennifer Hillman and Jill Choate Beier
For years trust and estate practitioners have shared their concerns that New York’s high taxes are pushing wealthier residents to move out of state. In fact, an analysis released this year by New York City’s Independent Budget Office showed an 11% decline in the number of city taxpayers
Read More- AI
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