Recent Publications


Insurance Update
December 17, 2020 | Insurance Coverage
Here is what we cover in our December Insurance Update. In a case of first impression, the Illinois Supreme Court construes a mechanical device exclusion in an auto policy. A New Jersey federal judge considers whether an insured is covered under its E&O policy for an email spoofing scheme. Federal courts in California and Pennsylvania …
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Sick-Leave Benefits Available as Early as January 1, 2021
December 15, 2020 | Employment & Labor
As we have previously reported, New York State Governor Andrew M. Cuomo signed into law a new comprehensive sick-leave program for all New York employees. The sick-leave law became effective September 30, 2020, for the purposes of accruing leave, and employees are eligible to take sick leave under the law as early as January 1, …
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Attorneys: Avoid Pitfalls When Responding to Negative Online Reviews
December 14, 2020 | Professional Liability
The rise of social media and online reviews has created a dilemma: How can an attorney respond to a negative review without violating ethical or professional responsibility? Just as many merchants respond to online customer reviews, many attorneys may feel the urge to rebut negative reviews posted about them online, be they from disgruntled clients …
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CCPA’s Sequel Complicates Matters for U.S. Businesses
December 11, 2020 | Privacy, Data & Cyber Law
On November 3, 2020, California voters approved the California Privacy Rights Act (CPRA), which amends the previously enacted California Consumer Privacy Act of 2018 (CCPA). As with the CCPA, businesses physically located outside of California may be subject to the CPRA if they do business in California. The CPRA expands on the already vigorous privacy …
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Pandemic Pumps Up Companies’ Vulnerability to Cyber Attacks
December 11, 2020 | Privacy, Data & Cyber Law
A business’ risk of suffering a cyber event is often discussed, but not always easy to quantify. Recently, Allianz Global Corporate & Security analyzed its experience with cyber insurance claims over the past several years as a basis for its report, “Managing The Impact of Increasing Interconnectivity: Trends in Cyber Risk.” Its conclusions may help …
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Heller Published in Pratt’s Banking Law Journal
December 3, 2020 | Banking
Michael Heller’s article, “Banks Have Much at Risk in Battle Over Powers of Attorney in New York” was published in Pratt’s Banking Law Journal. Click here to read the article. …
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New AKS Safe Harbors Finalized
December 3, 2020 | Compliance, Investigations & White Collar | Health Services
The Office of Inspector General, Department of Health and Human Services (OIG) has finalized new safe harbors and modifications of existing safe harbors under the federal Anti-Kickback Statute (AKS) to reflect a policy priority favoring a value-based health care system that “pays for health and outcomes” and that will “remove potential barriers to more effective …
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NY’s Enhanced Anti-SLAPP Law May Help Defend 3rd-Party Claims against Attorneys
December 2, 2020 | Professional Liability
New York has recently enacted a new anti-SLAPP (strategic lawsuits against public participation) statute, which provides additional remedies for the defense of frivolous lawsuits brought to deter the exercise of free speech and public petition rights. N.Y. Civil Right Law, §76-a(1)(a) now defines an “action involving public petition and participation” (i.e. a SLAPP action) broadly …
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New York Insurance Coverage Law Update
November 30, 2020 | Insurance Coverage
Federal District Court Finds That Gender Discrimination And Intentional Infliction Of Emotional Distress Claims Were Not Claims For Covered “Occurrences” Claimants sued Waiting Room Solutions alleging various causes of action arising out of an employee placing a video camera in its women’s restroom and Waiting Room’s handling of the employee’s actions.  Waiting Room’s liability insurer, …
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Insurance Update
November 19, 2020 | Insurance Coverage
Our November Insurance Update touches upon some novel issues. Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy? Must a workers’ compensation carrier pay for medical marijuana costs? Does a pollution exclusion bar a landlord’s costs to …
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Best Practices for Virtual Court Hearings in Hospitals
November 18, 2020 | Health Services
The COVID-19 pandemic has had another, less-discussed effect on hospitals. Hearings that traditionally take place in hospitals – such as guardianships, retention, medication over objection, or assisted outpatient hearings – have shifted to a virtual platform. Below are some considerations for hospital personnel participating in virtual hearings. (1) Familiarize yourself with the technology Due to …
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Significant Changes to Simplify the OMIG Annual Compliance Certification Process
November 10, 2020 | Health Services
The New York State Office of the Medicaid Inspector General (OMIG) instituted changes to its annual compliance certification process, effective immediately. These changes apply to those Medicaid, Managed Medicaid, and Service Bureau providers subject to the mandatory compliance program requirements in Section 363-d of the New York State Social Services Law (SSL) and the Deficit …
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No-Fault Insurers May Obtain Non-Party Discovery in Fraud Cases
November 6, 2020 | Insurance Fraud
Fifteen years ago, the New York Court of Appeals ruled that a violation of a licensing requirement by a medical provider rendered the provider ineligible to be reimbursed by an insurance company for no-fault claims that had been assigned to the provider by an individual allegedly involved in an automobile accident. The court recognized that one …
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New York Insurance Coverage Law Update
October 28, 2020 | Insurance Coverage
Court Holds Employee Of Contractor Exclusion Precluded Coverage For Accident That Would Not Have Occurred “But For” Contractor’s Work Pierce Management, a general contractor, subcontracted with RJK Electric for electrical work on a drive-thru at a Starbucks.  Pierce’s project manager was allegedly injured while walking to his car in the parking lot by a grinder …
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Contact Tracing Raises Privacy Issues for Businesses to Consider
October 22, 2020 | Privacy, Data & Cyber Law
As more and more businesses throughout the state resume operations after the COVID-19 pandemic shutdown, they face a continuing concern about the virus from customers, employees, and vendors who come to their facilities. Many organizations have instituted temperature checks and inquire about symptoms, out-of-state travel, and other issues in an attempt to weed out individuals …
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