Recent Publications


New 2021 Covid-19 Paid Leave and Tax Credits
March 18, 2021 | Employment & Labor
In the past week, there have been several overlapping laws enacted regarding COVID-19. On March 12, 2021, Governor Cuomo signed into law legislation which mandates that all New York employers provide paid leave of up to four hours per injection for employees who receive a Covid-19 vaccination.  Also, on March 11, 2021, President Biden signed …
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Insurance Update
March 17, 2021 | Insurance Coverage
In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: From whose perspective should a consent-to-settle provision be judged? What standard applies when construing an intentional injury exclusion? Does prior knowledge by one employee of an insured void claims-made coverage for all employees? Does …
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ABA Provides New Guidance on Remote Work for Lawyers
March 12, 2021 | Professional Liability
On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar office or working remotely, the prevalence of remote work has increased significantly within the last year. Attorneys will likely continue working …
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If You Sell Marijuana in Any Form, Uncle Sam Wants His Cut
March 11, 2021 | Tax | Cannabis
More and more states across the country are legalizing the sale of marijuana products for medical and/or recreational purposes, but marijuana remains effectively prohibited under federal law as a Schedule I controlled substance within the meaning of the federal Controlled Substances Act of 1970. There is, however, one important and practical exception to that prohibition: …
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CBD Health Claims Raise FTC’s Hackles (and Prompt Class Action Suits)
March 11, 2021 | Compliance, Investigations & White Collar | Cannabis
Near the end of 2020, in mid-December, the Federal Trade Commission (FTC) launched what it referred to as “Operation CBDeceit,” a law enforcement sweep challenging allegedly unproven representations that CBD products could treat diseases and serious medical conditions such as cancer, diabetes, Alzheimer’s disease and more.            At the same time, the FTC announced proposed settlements with …
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Appellate Division Affirms Summary Judgment Dismissal of Legal Malpractice Claim
March 8, 2021 | Professional Liability
The Appellate Division, First Department recently affirmed a trial court’s decision granting summary judgment in favor of the defendant law firm, holding that the plaintiff could not prove the proximate cause element of its legal malpractice claim. In VPC Projects, LLC v. Golenbock Eiseman Assor Bell & Peskoe, LLP, 2021 NY Slip Op 01225 (1st …
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New 2021 Minimum Wages, Minimum Salaries and Enforcement Initiatives
March 5, 2021 | Employment & Labor
The Biden Administration’s efforts to increase the current federal minimum wage from $7.25 an hour to $15 an hour have been delayed, but in New York, New Jersey, Connecticut, Pennsylvania and other states and municipalities, most employers in 2021 are already subject to new minimum hourly wage rates and minimum salaries for exempt employees well …
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False Claims Act Cases Poised to Jump Now and for Years to Come
March 4, 2021 | Insurance Fraud
The report detailing new filings and recoveries under the False Claims Act (FCA) during the 2020 fiscal year that was just released by the U.S. Department of Justice (DOJ) suggests, at first glance, a diminished role for one of the federal government’s strongest anti-fraud tools. Delving more deeply into the details, however, demonstrates the continuing …
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Administrative Order 270/20 Brings Change to the Uniform Rules
March 1, 2021 | Commercial Litigation
Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules for the Supreme and County Courts (“Uniform Rules”).  Attorneys desiring the efficiencies of the Commercial Division, now established in 24 counties across New York …
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In NY, CBD Manufacturers and Distributors Now Must Be Licensed
February 26, 2021 | Compliance, Investigations & White Collar | Cannabis
Governor Andrew Cuomo announced that the New York State Department of Health is now accepting applications from businesses seeking licensure to operate as cannabinoid hemp processors, retailers, or distributors. Cannabinoid hemp includes many CBD products currently available for purchase, including tinctures, vaporizations, oils, topicals, pills, capsules and food and beverages. Pursuant to Article 33-B of …
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What You Need to Know about Biden’s Travel Ban Revocation
February 25, 2021 | Employment & Labor | Immigration
Yesterday, the Biden administration revoked parts of the Trump-era executive orders that had prevented certain foreign nationals from entering the United States due to the coronavirus outbreak. Here’s what you need to know: What’s Changed U.S. consulates can issue an immigrant visa (i.e. a “green card”) to foreign nationals seeking to enter the United States …
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Art Does Not Imitate Life: NY’s Person-Centered Guardianship
February 24, 2021 | Trusts & Estates
The new Netflix movie, “I Care a Lot,” is truly terrifying. Like many thrillers, this movie begins with a relatable premise and a relatable fear. In this case, it is the fear of dependence and exploitation. The film builds on those fears until our very worst nightmares are playing out before our eyes. Unbeknownst to …
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A Divided Bench Revealed in Top Court’s Commercial Cases
February 23, 2021 | Appeals | Commercial Litigation
When discussing the U.S. Supreme Court, commentators spend considerable time reviewing the decisions of the Court to create “lineups” of conservative versus liberal Justices and to speculate which Justices, or group of Justices, are the deciding or so-called “swing” votes. In cases raising constitutional issues involving prominent social issues, legal philosophies can be observed that …
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New York Insurance Coverage Law Update
February 23, 2021 | Insurance Coverage
Federal District Court Finds That Virus Exclusion Precludes Coverage For COVID-19-Related Losses A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in response to the COVID-19 pandemic. The law firm claimed that the …
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DFS Warning of Widespread Data Breach
February 18, 2021 | Privacy, Data & Cyber Law
Sometimes a comprehensive overview is needed to recognize that individual anomalous conduct is indicative of a criminal scheme. Recently, the Department of Financial Services (DFS) looked at an unusual pattern of interaction with multiple insurance websites and concluded that cybercriminals were exploiting data obtained from those website interactions to commit benefit fraud. Website operators of …
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