Recent Publications


New York Insurance Coverage Law Update
July 30, 2019 | Insurance Coverage
Court Rejects Additional Insured Coverage For Live Nation Claimant was allegedly injured while assembling an advertising structure for Best Buy at Long Island’s Jones Beach Theatre when a Live Nation employee negligently drove a fork-lift into the metal trussing on which the claimant was standing.  Claimant sued Live Nation, which sought additional insured coverage under …
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Lessons from the FTC Settlements with Facebook and Equifax
July 30, 2019 | Privacy, Data & Cyber Law
Recent settlements of Federal Trade Commission (FTC) actions against Facebook and Equifax received significant publicity for the deals’ large payments to consumers and the Commission. Facebook’s deal calls for a $5 billion penalty for misuse of user’s private data. The Equifax deal requires the company to pay up to $575 million to consumers whose personal …
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The SHIELD Act: New Cyber Requirements for New York Businesses
July 29, 2019 | Privacy, Data & Cyber Law
On July 25, 2019, the Stop Hacks and Improve Electronic Data Security (SHIELD) Act was signed into law by Governor Cuomo. It will become effective on October 23, 2019. The Act makes important updates to the way that businesses must respond to data breaches and imposes new requirements on businesses to enact data security programs …
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Use of Facebook ‘Like’ Button May Put Websites on the Hook
July 29, 2019 | Privacy, Data & Cyber Law
On July 29, 2019, a judgment was issued by the European Union’s Court of Justice that highlights the need for online businesses to be aware of how user data is shared when third party plug-ins are included on their websites. The Court of Justice’s decision has been highly anticipated as to it reflects the extent …
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Employee Relations Law Journal – From the Courts
July 29, 2019 | Employment & Labor | Insurance Coverage
Third Circuit Affirms Denial of Disability Benefits Under ‘Any Occupation’ Standard The U.S. Court of Appeals for the Third Circuit has upheld a decision denying disability benefits to a claimant under the “any occupation” standard of an employee benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) where the plaintiff failed …
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Rutkin, Tugander and Klubok author USLAW article
July 25, 2019 | Insurance Coverage
Alan Rutkin, Robert Tugander and Greg Klubok authored USLAW article, “Cybercrime and Insurance: The Key Issues.” Reprinted with permission from USLAW. …
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Late notice of a contract breach is a recipe for disaster
July 22, 2019 | Appeals
“Seinfeld” was a great television show, maybe the greatest of all time. I could make the case for “Taxi,” but I digress.  One of my favorite Seinfeld episodes is when Jerry makes a reservation for a car rental, only to get to the rental counter and find out that they have his reservation but do …
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Gordon and Spero Publish Article in Pratt’s Journal of Bankruptcy Law
July 22, 2019 | Bankruptcy
Stuart Gordon’s and Matthew Spero’s article entitled “Supreme Court Settles Dispute Over Effect of Trademark License Rejection in Bankruptcy” was published in the July/August 2019 edition of Pratt’s Journal of Bankruptcy Law. …
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Ransomware Goes Public: Cities Pay Over $1 Million to Get Their Data Back
July 16, 2019 | Privacy, Data & Cyber Law
In the second and third week of June, the municipalities of Lake City, and Riviera Beach, Fla., agreed to pay a combined total of over $1 million to cyber criminals claiming responsibility for shutting down municipal computer systems necessary to the operation of crucial municipal functions. The Riviera Beach attack was traced to an email …
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Insurance Update
July 16, 2019 | Insurance Coverage
Our July Insurance Update is now available.  Strap in, because we’re headed on a cross-country journey. We start out in New York where the Court of Appeals hands down an important ruling involving no-fault payments to non-physician controlled medical services corporations. We then cross the bridge into New Jersey where that state’s Supreme Court considers …
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US, European Regulators Levy Massive Fines for Privacy Violations
July 16, 2019 | Privacy, Data & Cyber Law
This past week, the Federal Trade Commission (FTC) voted to approve a record-breaking $5 billion settlement with Facebook, resolving its investigation into the charge that the company violated a prior settlement with the Commission when it improperly permitted political data firm Cambridge Analytica to access 87 million users’ personal information. Cambridge Analytica created personality quiz …
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‘Taxpayer First Act’ Signed into Law
July 10, 2019 | Tax
On July 1, 2019, President Trump signed the Taxpayer First Act into law. The Act represents an important and welcome step toward improving technology and security while providing for an overall improved service experience for taxpayers interacting with the IRS. The Act contains two parts. The main themes of the first portion of the Act …
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Court Boosts Insurers in Fight Against Non-Physician-Owned Medical Providers
July 8, 2019 | Insurance Coverage
Nearly 15 years ago, in State Farm Mutual Automobile Ins. Co. v. Mallela, 4 N.Y.3d 313 (2005), the New York Court of Appeals ruled that an insurer may withhold payment under New York’s no-fault law for medical services provided by a professional medical corporation based on its “willful and material failure to abide by” the …
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Sending Your Kids off to College When You’re No Longer the Boss of Them
July 1, 2019 | Trusts & Estates
It seems like five minutes ago you were teaching your children to play peek-a-boo, and now you’re sending them off to college. Along with laptops, textbooks and dorm furnishings, there’s one item no student should be without – a healthcare proxy. Why might college students need this legal document, intended to help loved ones make …
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New York Insurance Coverage Law Update
June 28, 2019 | Insurance Coverage
Insurers Need Not Prove Fraud To Deny No-Fault Payments To Healthcare Providers, New York Court Of Appeals Decides After insurance companies stopped paying no-fault claims submitted by Andrew Carothers, M.D., P.C., a professional service corporation, as assignee, the PC sued the insurers. The insurers asserted that, under State Farm Mut. Auto. Ins. Co. v. Mallela, …
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