Recent Publications


New York Insurance Coverage Law Update
May 30, 2019 | Insurance Coverage
Third Department Affirms Dismissal Of Coverage Case Filed More Than 24 Months After Loss After a building in the city of Troy was burglarized, the building owner sought coverage for the damage.  On September 18, 2014, the insurer denied the claim because of the policy’s lack of coverage for theft and water damage.  On October …
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Employee Benefit Plan Review – From the Courts
May 29, 2019 | Employment & Labor | Insurance Coverage
Second Circuit Finds That Claim for ERISA Pension Plan Benefits Was Time-Barred Historically, employees leaving Xerox Corporation typically received a lump sum payment equal to the total value of their then-accrued pension benefit under the Xerox pension plan, an employee benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Employees who …
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Mission Complete: Supreme Court Rules In Favor Of Trademark Licensees
May 20, 2019 | Intellectual Property
Trademark licensees no longer need to fear the possibility of losing the right to use their licensed marks if the licensor files for bankruptcy. On May 20, the United States Supreme Court issued its decision in Mission Product Holdings, Inc. v. Tempnology, LLC nka Old Cold LLC, 587 U.S. __ (2019), holding that a licensor’s …
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Business mediation can avoid the grind of litigation
May 20, 2019 | Appeals
My friends who own boats often share with me the famous adage that the best two days of boat ownership are the day that the boat is purchased and the day the boat is sold. The joys of boat ownership are quickly subsumed by the day-to-day grind of maintenance and other aggravations that come with …
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Insurance Update
May 17, 2019 | Insurance Coverage
Just like the abundance of rain we’ve had so far this spring, we’ve seen a recent downpour of coverage disputes. And just like the April showers that brought us May flowers, those coverage disputes have now blossomed into some interesting decisions. Our May Insurance Update discusses some of the best picks: The insured sells its …
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Employee Relations Law Journal – From the Courts
May 17, 2019 | Insurance Coverage
Sixth Circuit Affirms District Court Decision That Anesthesiologist Was Not Disabled from His Own Occupation The U.S. Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision upholding a determination by the claim administrator of an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) that …
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When it comes to attorneys on TV, it’s all fake news
May 6, 2019 | Appeals
Commentary: Television shows about lawyers are entertaining. “Law and Order,” in all its iterations, was a staple in my house forever. More recently, “Suits” has become an obsession. People of a certain generation will remember “L.A. Law,” and even before that, “Perry Mason.” All of these shows have memorable characters, smart dialogue, dramatic moments and …
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DFS Continues Long History of Strongly Supporting Anti-Fraud Reg
May 3, 2019 | Appeals
Nearly two decades ago, in 2001, New York state’s insurance regulator—then known as the New York State Insurance Department and now known as the New York State Department of Financial Services (DFS)—promulgated a powerful anti-fraud regulation. The regulation, 11 N.Y.C.R.R. §65-3.16(a)(12), was intended to require that a health care provider, as a condition of eligibility …
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New York Insurance Coverage Law Update
April 30, 2019 | Insurance Coverage
No Advertising Injury Coverage For Suit Against Fashion Designer, Southern District Of New York Concludes A New York fashion designer and related parties sued for allegedly violating the terms of a license agreement asked the United States District Court for the Southern District of New York to compel their insurer to defend them. The court …
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Insurance Update
April 17, 2019 | Insurance Coverage
Our April Insurance Update is here.  It addresses the following questions: A claimant offers to settle within policy limits, and then revokes the offer 41 days later.  Claimant goes to trial and gets an excess judgment.  Has the insurer breached its duty to settle?  The Georgia Supreme Court decides and clarifies its precedent on time-limited …
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Supreme Court’s Google Ruling Has Big Implications for Suits Against Tech Companies
April 16, 2019 | Privacy, Data & Cyber Law
Several weeks ago, in Frank v. Gaos, No. 17-961 (U.S. March 20, 2019), the U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the Ninth Circuit that upheld a settlement of class action claims against Google for alleged violations of the Stored Communications Act (SCA). The Supreme Court initially had agreed …
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Litigation Trends in Packaging Claims
April 12, 2019 | Health Services | Intellectual Property
Michael Cannata and Frank Misiti authored an article published in Natural Products Insider, “Litigation Trends in Packaging Claims.” Click here to read the article. …
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Registration Now Required Prior to Initiating Copyright Infringement Suit
April 9, 2019 | Intellectual Property
Courts at the opposite sides of the country (and some in between) have long differed on how easy it is for a party to file a lawsuit alleging copyright infringement. A March 4, 2019, decision by the United States Supreme Court has standardized the process throughout the nation. In Fourth Estate Public Benefit Corp. v. …
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A privileged conversation is too important to throw away
April 8, 2019 | Appeals
Commentary: Success in a litigation starts with a strong attorney-client relationship. The attorney and the client must work closely together to investigate and learn the operative facts, discern the best strategy to utilize those facts, adapt that strategy as new facts emerge and, as adversaries raise counter-arguments, and ultimately decide to settle or continue the …
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Sweeping Changes to the Criminal Justice System Benefit those Accused
April 4, 2019 | Compliance, Investigations & White Collar
On Monday, April 1, 2019, Gov. Andrew Cuomo and the New York Legislature agreed to broad reform in the criminal justice system that will take effect on January 1, 2020. These new criminal procedure laws will completely change how individuals accused of committing crimes (referred to below as “the accused”) are treated during a criminal …
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