Recent Publications


New York Insurance Coverage Law Update
August 31, 2020 | Insurance Coverage
Federal District Court Denies Insured’s Request To Add Claim For Bad Faith And Consequential Damages Based On Insurer’s Denial Of Coverage In this declaratory judgment action, the insured filed a motion for leave to add a new claim against his insurer for its alleged “bad faith” failure to indemnify him in the underlying bodily injury …
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Heller Publishes Article in The Banking Law Journal
August 27, 2020 | Banking
Michael Heller published the article, “Electronic Closings: Key Issues for Banks” in The Banking Law Journal. Click here to read the article. …
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Court Covers Broad Range of Topics in Insurance Rulings
August 26, 2020 | Insurance Coverage
As unique as the past term of the New York Court of Appeals was – taking place in the midst of the COVID-19 pandemic, which led the Court to eliminate oral arguments in March, April, and May and to hear oral arguments in June via videoconferencing – there were some important similarities to prior terms. …
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Insurance Update
August 21, 2020 | Insurance Coverage
The duty to defend takes center stage in this month’s Insurance Update, and particularly, when extrinsic evidence may be considered in assessing that duty. As it’s back to school time (whether virtually or in person), we thought we’d begin with a short quiz. Which of the following circumstances gives rise to an insurer’s duty to …
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Fighting Business Email Compromise Fraud in the COVID Era
August 17, 2020 | Privacy, Data & Cyber Law
For as long as companies have used internet applications, private and publicly owned businesses, law firms and other professional services organizations, and even public entities have faced potentially devastating financial harm and loss of public good will from “business email compromise” (BEC) fraud. A recent report by the Internet Crime Complaint Center (IC3) of the …
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EEOC Addresses Employees’ Opioid Use in New Guidance
August 14, 2020 | Employment & Labor
The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between the ADA and the country’s growing opioid crisis. The new guidance addresses three groups of employees: (1) individuals legally using opioids; (2) individuals who are …
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McNamara Publishes A.M. Best Article, “Reinsurance and BI Claims”
August 3, 2020 | Insurance Coverage
Peter McNamara’s article, “Reinsurance and BI Claims” has been published in the August 2020 issue of Best’s Review magazine. The article discusses how reinsurers need to evaluate their obligations, especially if legislation is passed expanding their exposure. Click here to read the article. Best’s Review:  August 2020. Copyrighted A.M. Best Company, Inc. 2020.  All Rights …
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Bank Publishes Article in Summer 2020 USLAW Magazine
July 30, 2020 | Privacy, Data & Cyber Law
Brian Bank published the article, “Cross-Border E-discovery in the Privacy Era,” in the Summer 2020 issue of USLAW Magazine. Click here to read the article. …
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New York Insurance Coverage Law Update
July 30, 2020 | Insurance Coverage
New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential co-operative units. After Rice and its subcontractors completed the renovation work, the Tamers complained of a draft so Rice returned and installed …
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Richman and Bushwack Publish Article in Mealey’s Elder Law Report
July 21, 2020 | General Liability
David Richman and Jacqueline Bushwack published the article, “The Invisible Tort: Preparing For The Defense Of COVID-19 Negligence Claims” in Mealey’s Elder Law Report. It was previously published in Mealey’s Personal Injury Report. The article discusses how lawsuits are likely to be brought up against businesses if someone thinks he or she contracted COVID-19 there. …
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You Can Be Compelled to Arbitrate Based on an Agreement You Didn’t Sign
July 21, 2020 | Commercial Litigation
As a general rule, parties cannot be forced to arbitrate a dispute unless they signed a clear and binding agreement to arbitrate. However, a recent decision issued by New York County Commercial Division Judge Barry Ostrager reminds litigants that parties, who invoke the benefits of an agreement requiring arbitration, may, in fact, be compelled to …
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Insurance Update
July 15, 2020 | Insurance Coverage
We bring you our July Insurance Update. Perhaps the biggest news this month comes out of Michigan. At a Zoom hearing on July 1, a Michigan Circuit Court judge became the first to hand down a decision on whether business interruption losses caused by COVID-19 are covered.  In Gavrilides Mgmt. Co. v. Michigan Ins. Co., …
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Government Officials, and Insurers, in Fight Against COVID-19 Fraud
July 10, 2020 | Insurance Coverage
There have been abundant opportunities for fraud since the beginning of the COVID-19 pandemic. News stories and legal proceedings have highlighted fraud relating to everything from loans under the Paycheck Protection Program (PPP) to mis-labeled and missing personal protective equipment (PPE). Insurers have seen their share of fraudulent or excessive claims as well. Price Gouging …
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Like Cloth Masks, Corporate Protections Are Not Absolute
July 9, 2020 | Corporate
We live in a different world than a few months ago. The existence of a pandemic in our community has impacted every aspect of our day-to-day life and has brought an unprecedented amount of uncertainty and anxiety as to the shape and tenor of our future experiences. So, in order to enjoy some degree of …
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The Employment Law Reporter
July 9, 2020 | Employment & Labor
Welcome to the Summer 2020 issue of The Employment Law Reporter. This inaugural issue of this quarterly newsletter first reviews the landmark U.S. Supreme Court opinion in which the Court ruled that an employer that fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. This …
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