Recent Publications


How New York Authorities Are Regulating the Internet
February 15, 2019 | Privacy, Data & Cyber Law
The image of the Internet as an unregulated Wild West, untouched by government action, is one that some find attractive. But it is not accurate, as illustrated by a number of important actions taken in recent weeks by the New York State Attorney General’s office, including one it took in conjunction with representatives of dozens …
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Home Court Advantage Makes a Difference For Clients
February 12, 2019 | Appeals
Commentary: Those who bet the spread in football games know that the being the home team is worth three or so points. Teams fight all year to have home field advantage in the playoffs. In lawsuits, being the home team also matters. If you are going to be sued, or if you intend to bring …
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Insurance Update
February 11, 2019 | Insurance Coverage
State high courts have been busy deciding insurance coverage questions.  Our February Insurance Update addresses seven rulings handed down over the past month. The Idaho Supreme Court considers whether a Facebook post triggers the prior publication exclusion in a trademark infringement claim. The Iowa Supreme Court tackles the case of efficient proximate cause and the …
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Rutkin Publishes A.M. Best Article entitled, “Money? Or Not?”
February 6, 2019 | Insurance Coverage
Alan Rutkin’s article entitled “Money? Or Not?” has been published in the February 2019 issue of Best’s Review magazine. The article speaks about questions that may arise in several financial sections, including insurance, with the use of bitcoin and other forms of cryptocurrency. Click here to read the article. Best’s Review:  February 2019. Copyrighted A.M. …
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New York Insurance Coverage Law Update — Compilation 2018
January 31, 2019 | Insurance Coverage
Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2018. New York Insurance Coverage Update — Compilation 2018 …
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New York Insurance Coverage Law Update
January 31, 2019 | Insurance Coverage
Second Circuit Finds Duty To Defend Alleged Advertising Injury Claim Buyer’s Direct Inc. asserted that a slipper manufactured by High Point Design, LLC, infringed on Buyer’s Direct’s design patent. High Point sought a declaratory judgment that its slipper did not infringe, and Buyer’s Direct counterclaimed for patent and trade dress infringement. High Point sought defense …
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Trump Administration Implements Major Changes to H-1B Lottery System
January 30, 2019 | Immigration | Employment & Labor
On January 31, the Department of Homeland Security (DHS) will publish a final rule changing the H-1B lottery system. The final rule implements the proposed two changes discussed earlier here. According to the DHS announcement, “The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular …
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Proceed with Caution on Autonomous Vehicles
January 22, 2019 | Employment & Labor | Commercial Litigation | Privacy, Data & Cyber Law
Waymo – the self-driving technology subsidiary of Google parent Alphabet Inc., – launched a self-driving taxi service in Phoenix at the end of 2018. As companies continue to speed into the autonomous vehicles space, the birth of this industry is raising unprecedented issues. Policy-makers, insurers, automobile manufacturers, employers, and others are encouraged to begin considering …
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Employee Benefit Plan Review – From The Courts
January 22, 2019 | Insurance Coverage
U.S. District Court in Illinois Holds Two Benefit Plans Exempt from ERISA Under ERISA’s Church Plan Exemption, and Upholds Exemption’s Constitutionality The Employee Retirement Income Security Act of 1974 (ERISA) exempts “church plans” from its requirements. A federal court in Illinois recently considered whether certain plans sponsored by a non-profit corporation associated with an Order …
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Government Shutdown Creates New Cybersecurity Risks
January 16, 2019 | Privacy, Data & Cyber Law
The partial government shutdown, now the longest in U.S. history stretching into its fourth week, presents new risks to cybersecurity, both short term and long term. These effects will be felt not only within government operations, but also in the private sector, which relies upon and works with the government to protect against cyber threats. …
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Data Security and Privacy in the New Year
January 16, 2019 | Privacy, Data & Cyber Law
January is the traditional time to take stock of the year that passed and plan for the year ahead. The same is true of data security and privacy practices. In 2018, cyber regulation dominated the news. The trend is likely to continue in 2019 as existing and new cyber regulations will impact an ever-expanding array …
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Heller Published in Pratt’s Banking Law Journal
January 14, 2019 | Banking
Michael Heller’s article, “New York’s Mortgage Tax Rules Burden Banks and Borrowers. But There’s a Solution” was published in Pratt’s Banking Law Journal. Click here to read the article. …
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Employee Relations Law Journal – From The Courts
January 10, 2019 | Insurance Coverage
Sixth Circuit Again Rules That CBA Did Not Provide for Lifetime Retiree Healthcare Benefits The U.S. Court of Appeals for the Sixth Circuit has issued another decision concluding that a collective bargaining agreement did not provide for lifetime healthcare benefits for union retirees. The Case Every three to four years since 1973, General Electric Company …
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Insurance Update
January 9, 2019 | Insurance Coverage
We hope you had an enjoyable holiday and that your new year is off to a good start. Here’s a quick look at the cases discussed in our January Insurance Update. Nevada Supreme Court Says Insurer That Has Not Acted in Bad Faith May Still Be Liable for Any Consequential Damages Caused By the Breach …
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The False Claims Act: A Powerful Tool Against Federal Health Care Program Fraud
January 4, 2019 | Appeals
The most recent report by the U.S. Department of Justice (DOJ) on its recoveries under the federal False Claims Act (FCA) (see “Fraud Statistics—Overview, October 1, 1986 – September 30, 2018”) made it quite clear that the federal government continues to seek to combat fraud by health care providers against federal health care programs such …
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