Recent Publications


FinCEN Engages in Outreach as CTA Deadline Looms
November 19, 2024 | Compliance, Investigations & White Collar | Corporate

WHAT:          A filing with FinCEN disclosing information about certain entities and owners.

WHO:             Nonexempt entities formed or registered to do business by filing a document with the state and the beneficial owners of such entities.

WHEN:          Companies formed prior to January 1, 2024, must file by January 1, 2025.

WHERE:        FinCEN’s Beneficial Owner e-filing system here.

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October 2024 New York Insurance Coverage Law Update
October 30, 2024 | Insurance Coverage

Northern District Denies Insurer’s Motion For Summary Judgment Finding Questions Of Fact Whether Insured Expected Or Intended Claimant’s Injuries  

The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and

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$68 Million CDPAP Fraud Indictment Unsealed Amidst Industry Changes
October 29, 2024 | Compliance, Investigations & White Collar | Health Services

On October 9, 2024, the United States Attorney’s office in the Eastern District of New York unsealed an indictment alleging that eight defendants defrauded Medicaid of approximately $68 million.[1] The alleged scheme involved two adult day care programs and a home care financial intermediary, all owned and controlled by the same individuals, as well as

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The Locked Box Mechanism in Private M&A Transactions: A Streamlined Approach
October 28, 2024 | Corporate

Introduction
In private mergers and acquisitions (M&A) deals, purchase price adjustments play a crucial role in the determination of the final transaction value. These adjustments often hinge on net working capital calculations, which can introduce complexities and prolonged negotiations that detract from a smooth closing process. In response to these challenges, the locked box

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October 2024 Insurance Update
October 22, 2024 | Insurance Coverage

There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand. Clouseau says, “I thought you said your dog did not bite!” The clerk

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Securely Navigating the AI Sea
October 8, 2024 | Insurance Fraud

Artificial intelligence (AI) is affecting many industries, and it will have a growing effect on lawyers. Insurers’ lawyers may be among the first affected. AI provides efficiencies. These efficiencies are important to insurers. Lawyers will be pushed to use AI.

Most lawyers are still wary, and that’s prudent. AI raises ethical issues. Lawyers must avoidRead More
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New Consumer Protection Laws to Affect NY Healthcare Providers
October 7, 2024 | Health Services

On October 20, 2024, several significant consumer protection laws will go into effect, directly affecting healthcare providers throughout New York State. Introduced through the FY 2025 Executive Budget, these new laws reshape how providers must handle patient consent to pay for medical services and the use of credit cards for payment.

Separate Consent for Payment

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Recent Efforts to Increase Access to Justice for Practitioners and Parties
October 7, 2024 | Trusts & Estates | Elder Law

New York State Courts and our judicial system in general can be complex and difficult to navigate for unrepresented individuals and even practitioners at times. Several recent initiatives have made attempts to ease some of these burdens in the Surrogate’s Court.

Click here to read more.

Reprinted with permission of the New York State Bar

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The ‘Driving Discussion’
October 4, 2024 | Trusts & Estates | Elder Law

This article discusses the sensitive topic of how to know when it’s time to relinquish the car keys once people realize they are no longer able to drive safely.

As we age, we may start dreading the eventual “driving discussion” our children may feel obligated to have with us, especially if there is an onset

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High-Profile Sports Insurance Fraud Rings: A Recent Conviction
September 26, 2024 | Insurance Fraud

No health insurance benefit program, no matter how high profile, is immune to the temptations of insurance fraud. In the past, multiple former NFL players pleaded guilty to defrauding the NFL Player Health Reimbursement Account Plan. According to the Justice Department, the defendants submitted about $2.9 million in false and fraudulent claims for expensive medical

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September 2024 New York Insurance Coverage Law Update
September 26, 2024 | Insurance Coverage

Southern District Holds Insured Not Entitled To Judgment On Pleadings As To Duty To Defend Because Extrinsic Evidence May Show Duty Is Terminated

Color Techniques, Inc. (CTI) sold ingredients used in cosmetic formulations and was insured by Ironshore Specialty Insurance Company under a series of Environmental Protection Insurance Coverage Package policies. The insurer sued CTI,

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Structuring Your Dental Practice Transaction and Elements of the Purchase Agreement
September 25, 2024 | Dental Practice Counseling

In our previous article, we described the due diligence process, including what a buyer would look for in your practice. Once due diligence is under way, the next step is the purchase agreement, which is usually prepared by the buyer’s attorney.

A purchase agreement is the main document for the transaction and describes its structure.

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Landlord Considerations When Navigating Personal Guarantees in Bankruptcy
September 20, 2024 | Real Estate, Zoning & Land Use | Bankruptcy

When a business leases commercial space, it is common practice for the landlord to request that the company provide
a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee if there is a default under the lease. In this way, landlords mitigate financial losses.

A personal guaranty gives

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September 2024 Insurance Update
September 18, 2024 | Insurance Coverage

In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of these claims.

We begin with the restaurant’s business interruption claim.  There, the California Supreme Court had to decide whether a virus

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Owners of Closely Held Businesses: Time to check your buy-sell agreement
September 9, 2024 | Trusts & Estates | Corporate

Most closely held businesses, whether organized as a C or S corporation, LLC or partnership, have (or should have) a buy-sell agreement. A buy-sell agreement addresses what happens to an owner’s interest in the business when the owner dies.

Many of these agreements provide that the business may or must purchase the deceased owner’s interest.

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