Recent Publications


NY Enacts Scaled-Back Version of Hochul’s Health Care Transactions Proposal
May 4, 2023 | Health Services | Corporate

Following extended New York State budget negotiations, lawmakers have enacted a significantly modified version of Governor Hochul’s proposed health care transaction review bill, which we discussed in prior posts, here and here.

The bill, as originally proposed, included a comprehensive Department of Health review process, and required the Department of Health’s pre-approval to close certain

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DSOs: An Option Dentists and Dental Practices Should Consider
May 3, 2023 | Dental Practice Counseling | Health Services | Corporate

As a dental professional, you are likely aware of the surge of consolidation that has been affecting the industry for the last several years, which has mostly been driven by Dental Services Organizations (DSOs). This consolidation has not only created significant financial opportunities for investors, but it has also created additional financial and exit opportunities

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

Second Circuit Holds That Absolute Auto Exclusion Clearly Precludes Coverage

The insureds, a country club and motorcycle group, held an annual motorcycle rally.  They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club to attend the rally.  Covington Specialty denied

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U.S. Supreme Court: Debts Due to Business Partner’s Fraud Non-Dischargeable
April 26, 2023 | Corporate | Bankruptcy

Earlier this year, the Supreme Court issued a decision that all business owners should be aware of. The Supreme Court resolved a Circuit split over whether a debtor can discharge a debt incurred by a fraud committed by the debtor’s business partner or agent. In a unanimous decision, the Court held that such a debt

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House Committee Moves Privacy Bill Forward
April 17, 2023 | Privacy, Data & Cyber Law

Privacy is a growing concern in the United States and as we increasingly see consumer private information being obtained and used, both by businesses and cyber criminals, regulation of the collection and disclosure of non-public information and cyber security will likely increase as well. For instance, in early March, the Biden Administration announced a new

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Insurance Update
April 17, 2023 | Insurance Coverage

Courts were in full swing deciding insurance coverage issues over the past month or so.  Here are a few that caught our attention.

The Louisiana Supreme Court became the latest state supreme court to find no coverage for pandemic-related business interruption losses because such claims do not involve “direct physical loss.”  This case was closely

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Cocktails & Estate Planning are Not Necessarily Good Mixers
April 14, 2023 | Trusts & Estates

Oh, the things you hear at cocktail parties: “Everyone should have a revocable trust,” “It’s easy to change your residence to Florida for tax purposes – just count days and get a Florida license,” “Make all your trusts Delaware trusts to avoid state income taxes.” The efficacy of any of these pronouncements depends on each

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First, Second and Third Departments All Hold That COVID Executive Orders Tolled NY’s Statutes of Limitations
April 10, 2023 | Commercial Litigation

Only weeks ago, the Appellate Division, Second Department issued its McLaughlin decision reaffirming Brash[1] – another Second Department decision which we wrote about on August 4, 2021.[2] As we discussed in our blurb, Brash was significant. Therein, the Second Department held that Governor Cuomo’s Executive Orders during the COVID-19 pandemic “tolled,” rather than “suspended,” New

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Budget Delay Puts Cloud Over Governor Hochul’s Healthcare M&A Regulatory Review
April 6, 2023 | Health Services

Please find an update here https://www.rivkinradler.com/publications/ny-enacts-scaled-back-version-of-hochuls-health-care-transactions-proposal/.

As discussed in our March 22, 2023 post, here, Governor Hochul’s proposed budget contained a bill that, if passed, would be transformative for certain healthcare transactions. Hochul’s proposal was dropped from both one-house budgets proposed by the New York Senate and Assembly.

While its passage appears unlikely, the final

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Modernization of Cosmetics Regulation Act of 2022
April 3, 2023 | Compliance, Investigations & White Collar
FDA Will Have Extensive Authority to Regulate Cosmetics

Under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 321(i), “cosmetics” are defined as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance

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The Employment Law Reporter
March 30, 2023 | Labor & Employment

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

  • A federal court in New York has ruled that all five causes of action in an employment discrimination lawsuit brought by a former employee of the New York City Department of Education should be dismissed.
  • The U.S. District Court for the
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Accounting for Digital Assets in Your Estate Plan
March 29, 2023 | Trusts & Estates | Privacy, Data & Cyber Law

The beginning of March marked the collapse of crypto-focused Silvergate Bank. That same month, the bank shut down its Silvergate Exchange Network, which allowed clients with holdings in digital currency to move U.S. dollars from their own account to the bank accounts of other Silvergate customers.

Cryptocurrency, nonfungible tokens and other digital assets and emerging

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

Southern District Finds That Exclusion In HO3 Form Precludes Coverage Even Though Form Inadvertently Omitted From Copy Of Policy Sent To Insured

Scottsdale Insurance Company issued a homeowner’s policy to 232 Dune Road LLC (insured) for a vacant oceanfront property in Quogue, New York where the insured was building a home.  On March 26, 2020,

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What Trustees and Executors Should Know About FDIC Coverage
March 27, 2023 | Banking | Trusts & Estates

Recent headlines about bank closures have prompted people to check their personal bank accounts to make sure the balances are under the $250,000 FDIC insurance limits. The Federal Deposit Insurance Corporation (FDIC) is an independent agency of the United States government that protects depositors of insured banks against the loss of their deposits if an

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The Title Reporter — Spring 2023
March 23, 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:

  • An appellate court in Arkansas, affirming a trial court’s decision, has ruled that a title insurer had properly denied coverage to an insured bank in connection with a defect in title of which the
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