Recent Publications


NY Dental Hygiene Bill Expands Hygienists’ Authority to Administer Anesthesia
June 21, 2022 | Health Services

Last month, New York Gov. Kathy Hochul signed into law a dental hygiene bill that allows dental hygienists to use nitrous oxide and local infiltration anesthesia to assist dentists with all dental procedures. The bill, which was originally introduced in the State Senate in May 2021, amends section 6605-b of the Education Law effective immediately.

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Minarovich Authors Article on Insurance Coverage Implications of Child Victims Act
June 20, 2022 | Insurance Coverage

Siobhain Minarovich wrote, “Insurance Coverage Issues Presented by Child Victims Act Legislation,” for the summer 2022 issue of USLAW Magazine. The article discusses the legislation’s insurance coverage issues, exclusions and expected defense of claims brought under the act.

Click here to read the article.

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The FTC’s Newest Focus: ‘Preventing Digital Deception’
June 17, 2022 | Privacy, Data & Cyber Law

The explosive growth of internet advertisements has been accompanied by increased risks to consumers, including from the content of online disclosures regarding their purchases, the products and services that are provided and businesses’ collection and use of their private data.

For example, advertisers now deploy a variety of digital advertising tools that help them identify

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Rutkin Writes on Differing Interpretations of Cyberfraud Cases for Best’s Review
June 16, 2022 | Privacy, Data & Cyber Law | Insurance Coverage

Alan Rutkin authored, “US Courts Offer Differing Interpretations of Cyberfraud Cases” for the June 2022 issue of Best’s Review. The article explores the prominent court recently addressed whether commercial crime insurance covers cyberfraud. The decision illustrates courts’ confusion in this area. When it comes to cyberfraud, courts continue to give different answers to the same questions.

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Wendy and Jen Wreck the Movies: Life As We Know It (2010) or Why Your Fraternity Brother May Not Be Suitable for Carpool
June 16, 2022 | Trusts & Estates

What Happens?

In a twisted psychological experiment, Allison and Peter Novak set up their friends Holly Berenson and Eric Messer (a/k/a Messer) on a date.  Holly and Messer are as incompatible as pineapple and New York pizza, and the matchmaking experiment predictably tanks.  The Novaks cannot leave well-enough alone, they double down and pull an

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For Business Owners, a Shareholders’ Agreement Is Vital
June 13, 2022 | Corporate

I love playing board games with my children and the games in our home have been known to get pretty competitive. From time to time, a friend will join, and we always make sure all of the players have a clear understanding of the rules, both those included in the box or any “house rules”

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What Do You Do if an Oil Tank Is Buried in Your Yard?
June 8, 2022 | Commercial Litigation

It is not uncommon for Lloyd Harbor residents to have old steel heating oil tanks buried in their yards. Although these underground tanks continue to successfully heat our homes, they do not last forever. They are not protected from corrosion and, as a result, can pose an expensive and unexpected risk to unsuspecting homeowners and

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US Courts Offer Differing Interpretations of Cyberfraud Cases
June 1, 2022 | Privacy, Data & Cyber Law

A prominent court recently addressed whether commercial crime insurance covers cyberfraud. The decision illustrates courts’ confusion in this area. When it comes to cyberfraud, courts continue to give different answers to the same questions.

As I’ve previously written, the questions are easily remembered with the acronym “ACAI.”

Act: Is the “act” covered?

Causation: Were the act and

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Transitioning to a DSO: An emerging trend in orthodontic practices
May 31, 2022 | Corporate | Health Services

Over the last several years, the dental services industry has become increasingly consolidated, creating significant financial opportunities for investors as well as financial and exit opportunities for dentists. This consolidation has been driven in large part by Dental Services Organizations (DSOs) formed by dentists and/or private financial investors (e.g., private equity) through the acquisition of

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New York Insurance Coverage Law Update
May 25, 2022 | Insurance Coverage

First Department Affirms That Business Interruption From COVID-19 Not Covered

The insured purchased a commercial property policy that included business interruption coverage for its restaurants.  The restaurants were forced to suspend indoor dining operations because of COVID-19 and lost tens of millions of dollars in revenue.  The insured made a claim with its insurance company

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Wendy & Jen Wreck the Movies: Hobson’s Choice (1954) or The Importance of Not being a Jerk
May 19, 2022 | Trusts & Estates

What Happened:

Henry Hobson is a widowed blowhard who fancies himself superior to everyone because he owns a shoe business.  Hobson’s daughter Maggie actually runs the business, but Hobson does not pay her.

Hobson is downright nasty to most of the people in his life.  He demeans Maggie and tells her she is too old

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Insurance Update
May 18, 2022 | Insurance Coverage

You’ll find some notable decisions in our May Insurance Update.

Appeals over pandemic-related business interruption losses have made their way up to state high courts.  And so far, these courts have continued the trend favoring insurers.

The Texas Supreme Court addresses an issue of first impression: What duty of care does an insurer owe to

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Federal Civil Law Remains Unclear Regarding Where an Action May Be Brought
May 9, 2022 | Commercial Litigation

One would think that the current state of federal law would be clear as to where a plaintiff may commence, and thereafter maintain, his/her action. However, that is not the case; particularly within the Second Circuit, and this ambiguity can create a host of unintended problems, including being forced to litigate an action thousands of

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Hillman and La Ferlita Article Published in NYSBA Journal
May 6, 2022 | Trusts & Estates

Jennifer Hillman’s and Joseph La Ferlita’s article, “SSHHH! Should Trustees Speak Up About Quiet Trusts?” was published in the New York State Bar Association Trusts and Estates Law Section Journal.

Although some may question whether financial modesty is a virtue, there is no requirement that parents disclose their net worth to their children. However, the

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Have You Addressed Your Crypto Assets in Your Estate Plan?
May 6, 2022 | Trusts & Estates

Crypto assets (such as non-fungible tokens, or NFTS) and cryptocurrencies (such as bitcoin) are types of digital assets, which are typically transmitted by means of blockchain technology. (I know, this makes my brain hurt, too!) Crypto assets are growing in popularity as an investment class, and you may already own some or may be thinking

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