Recent Publications


Insurance Update
March 16, 2023 | Insurance Coverage

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

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Estate planning for the second marriage: Protecting the kids
March 6, 2023 | Trusts & Estates

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.

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Healthcare Fraud Tops DOJ’s Annual False Claims Act Report – Again!
March 2, 2023 | Insurance Fraud and Recovery

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

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Investor Beware: 1031 Exchanges Come with Legal Pitfalls
March 1, 2023 | Real Estate, Zoning & Land Use

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,

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New York Insurance Coverage Law Update
February 28, 2023 | Insurance Coverage

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

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The War on A Decedent’s Real Property: The Uniform Partition of Heirs Property Act to the Rescue
February 24, 2023 | Real Estate, Zoning & Land Use | Trusts & Estates

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

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Lewis featured in “SCOTUS’s Section 230 Rulings Will Likely Reverberate Beyond BigTech”
February 23, 2023 | Privacy, Data & Cyber Law

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

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New Year, New Estate & Gift Tax Exemptions
February 22, 2023 | Trusts & Estates

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

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DOJ Issues New Guidance on Criminal Enforcement
February 22, 2023 | Compliance, Investigations & White Collar

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.

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When Is a Social Media Post a ‘True Threat’?
February 21, 2023 | Privacy, Data & Cyber Law

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

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Insurance Update
February 16, 2023 | Insurance Coverage

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

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Insurance Coverage Issues Presented By New York’s Recent Abuse Victims Legislation
February 6, 2023 | Insurance Coverage

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

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NJ’s Rent Control Laws Are More Complicated Than You Think
February 2, 2023 | Real Estate, Zoning & Land Use

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

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OMIG Update: Compliance, Self-Disclosure, and Managed Care Fraud, Waste, & Abuse Regulations Guidance Posted
February 1, 2023 | Health Services

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,
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Can You? Should You? When Your Trusts and Estates Client Crosses New York State Lines
January 31, 2023 | Trusts & Estates

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

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