Recent Publications


The Broad Reach of the Medicare Fraud Strike Forces
January 3, 2020 | Appeals
It has been over a decade since the U.S. Departments of Justice and Health and Human Services (HHS) jointly created the federal government’s first Medicare Fraud Strike Force (MFSF) in South Florida. Their goal was to reduce and prevent Medicare and Medicaid fraud through enhanced interagency cooperation. Since then, the program has grown to 15 …
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New Year, New You, New Tax Laws
January 3, 2020 | Trusts & Estates
A new law, which took effect on January 1, 2020, will change the tax treatment of retirement savings. The SECURE Act was signed by the President on December 20, 2019, and became Public Law No: 116-94[1]. The revised sections of the tax code make significant changes to the laws governing retirement savings. Many of the …
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Employee Benefit Plan Review – From the Courts
January 2, 2020 | Employment & Labor | Insurance Coverage
In Absence of “Qualifying Event,” Employer Did Not Have to Send COBRA Notice to Employee, Sixth Circuit Concludes The U.S. Court of Appeals for the Sixth Circuit, reversing a district court’s decision, has ruled that, in the absence of a change to the terms and conditions of the employee’s health insurance coverage, no “qualifying event” …
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Insurance Update
December 17, 2019 | Insurance Coverage
Readers of our monthly insurance newsletter may be familiar with the Sanders case. That’s the case that addresses the proper trigger for a malicious prosecution action. Since a wrongful conviction can lead to steep damages, which policy is on the hook for those damages can be an important issue for insurers. Earlier in the year, …
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FTC Acts on Online Privacy, With State Laws Looming
December 17, 2019 | Privacy, Data & Cyber Law
In 2019, businesses learned that they could no longer hide from the inherent tension between commercial use of individual data and individual privacy interests. Over the past month or so, the Federal Trade Commission (FTC) took a number of notable privacy-related actions against a host of companies regarding what it considered to be their problematic …
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Spero and Farino author Nassau Lawyer article
December 12, 2019 | Bankruptcy
Matthew Spero and Jeannine Farino authored, “Bankruptcy Update, United States Supreme Court,” for the December 2019 issue of the Nassau Lawyer. Click here to read the article. …
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Privacy & Cybersecurity Law Report – From the Courts
December 3, 2019 | Privacy, Data & Cyber Law
A number of courts recently have considered issues relating to individuals’ privacy, the First Amendment, and the public’s right to know. Here, Jay D. Kenigsberg reviews and examines several notable decisions involving these subjects. Montana Supreme Court Reverses Order to Release College Student’s Educational Records The Supreme Court of Montana[1] has reversed a trial court’s …
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Majkowski authors article in IADC Newsletter
December 2, 2019 | Complex Torts & Product Liability
Paul Majkowski authored, “Is an East Coast Version of Prop 65 in Our Future,” for the November 2019 issue of IADC – Toxic and Hazardous Substance Litigation Newsletter. Click here to read. …
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Home for the Holidays? Mind Your Elders
December 2, 2019 | Trusts & Estates
Going home for the holidays means different things to different people. If your plans involve older relatives, the holidays can provide insights that can help avoid disaster. It can be hard to know when and how to raise delicate age-related issues with your parents. How do you tell the person who taught you everything that …
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Employers and Employees Should Consider Their Stock Options
November 26, 2019 | Corporate
Kate Heptig wrote an article for VC-List.com about the advantages of stock options for attracting and retaining talent. Click here to read the article. …
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Employee Benefit Plan Review – From the Courts
November 19, 2019 | Employment & Labor | Insurance Coverage
Eleventh Circuit Affirms Denial of Plaintiff’s Request for Attorneys’ Fees The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court’s decision denying a plaintiff’s motion for attorneys’ fees under the fee-shifting provision of the Employee Retirement Income Security Act of 1974 (ERISA). THE CASE The plaintiff, who suffered from anorexia, was …
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Insurance Update
November 19, 2019 | Insurance Coverage
Our November Insurance Update is here. We report on two cases featured in past updates that have now made their way up to state supreme courts. In Vanderbilt, the Connecticut Supreme Court upholds an intermediate appellate court’s broad application of the “occupational disease” exclusion.  The court ruled that the exclusion is not limited only to …
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N.Y. Court of Appeals Poised To Resolve Split Over Bad Faith Suits Against Insurers
October 31, 2019 | Appeals
After hearing oral argument earlier this month in Haar v. Nationwide Mutual Fire Ins. Co., 32 N.Y.3d 1211 (2019), the New York Court of Appeals is set to decide an important issue of insurance law and statutory interpretation that has divided the Appellate Division Departments. In Elkoulily v. New York State Catholic Heathplan, 153 A.D.3d …
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Employee Benefit Plan Review – From the Courts
October 29, 2019 | Employment & Labor | Insurance Coverage
Eighth Circuit Affirms Dismissal of Complaint by Participant in Defined-Contribution Retirement Savings Plan  The U.S. Court of Appeals for the Eighth Circuit, applying the reasoning in a 2014 decision by the U.S. Supreme Court, has upheld dismissal of a complaint brought by a participant in a defined-contribution retirement savings plan governed by the Employee Retirement …
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Common sense is key to staving off fraud
October 16, 2019 | Appeals
Two truisms: 1) smart people do stupid things; and 2) if something seems to be too good to be true, then it is probably not real. The first truism occurs when people forget the second truism. A persuasive salesperson, or a snappy marketing campaign, catches your attention. It sounds like something you have always wanted …
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