Recent Publications
February 21, 2023 |
After Seventh Circuit Judges Frank Easterbrook, William Bauer, and Richard Posner ruled in National Rifle Association of America v. Chicago, 567 F.3d 856 (7th Cir. 2009), rev’d sub nom. McDonald v. City of Chicago, 561 U.S. 742 (2010), that the Second Amendment did not apply to the states, Harold Turner published a blog post declaring
Read MoreFebruary 16, 2023 |
Here are some of the leading insurance cases from the past month.
The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio and Delaware Supreme Courts, the Sixth Circuit found that because the suits do not seek “damages because of bodily
Read MoreFebruary 6, 2023 |
Jason B. Gurdus and Siobhain P. Minarovich co-authored the article for the Nassau Lawyer, “Insurance Coverage Issues Presented By New York’s Recent Abuse Victims Legislation.”
The article discusses when New York’s Child Victims Act (“CVA”) took effect and, that in 2022, New York’s Adult Survivors Act (“ASA”) took effect.
“These laws open a limited window
Read MoreFebruary 2, 2023 |
New Jersey presents a particular challenge for multifamily owners and managers. Unlike New York City, which has clearcut laws governing rent control, New Jersey has more than 100 municipalities, each with its own rent control ordinances. Multifamily purchasers and managers can unknowingly violate the ordinances unless they are aware of the requirements.
These municipal rent
Read MoreFebruary 1, 2023 |
On the heels of publishing their final regulations, on January 31st, the Office of the Medicaid Inspector General (OMIG) released a variety of guidance documents addressing compliance programs; self-disclosure; and Medicaid managed care fraud, waste and abuse prevention programs. The guidance documents can be found at:
- Provider Compliance Programs: https://omig.ny.gov/compliance/compliance-library
- Self-Disclosure: https://omig.ny.gov/provider-resources/self-disclosure
- Medicaid Managed Care Fraud,
January 31, 2023 |
By Jennifer Hillman and Jill Choate Beier
For years trust and estate practitioners have shared their concerns that New York’s high taxes are pushing wealthier residents to move out of state. In fact, an analysis released this year by New York City’s Independent Budget Office showed an 11% decline in the number of city taxpayers
Read MoreJanuary 30, 2023 |
Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2022.
New York Insurance Coverage Law Update 2022
Read MoreJanuary 30, 2023 |
Southern District Refuses To Use Extrinsic Evidence “Bound Up With Merits” Of Underlying Action To Defeat Duty To Defend
622 Third Avenue LLC filed a declaratory judgment action against Harleysville Worcester Insurance Company and others, seeking a declaration that Harleysville must defend 622 Third Avenue as an additional insured in an underlying personal injury action
Read MoreJanuary 24, 2023 |
It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023.
The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions – one for pandemic-related business interruption losses, the other for losses from a ransomware attack. In both cases,
Read MoreJanuary 18, 2023 |
One of the easiest ways to give to charity and one of the best-kept “secrets” is to open a fund at the Long Island Community Foundation (LICF). A community foundation is a public charity that connects you to a variety of other
charities, and most often, there’s one right in your own neighborhood. Opening
January 18, 2023 |
Jeffrey Ehrhardt’s quarterly column, “In the Journals,” was published in the New York State Bar Association Health Law Journal.
The column is a collection of recent topics in health law journals.
See the column here, page 33.
Read MoreJanuary 17, 2023 |
Shari Lewis was quoted in the New York Law Journal article, “A GOP-Controlled House Could Be Good For Business—Unless You’re Big Tech.”
The U.S. Supreme Court is set to consider content contributors posts and if the social media platforms can be held labile based on user content and engagement. The two cases at the center
Read MoreJanuary 12, 2023 |
The New York Intellectual Property Association’s Copyright Committee published a podcast by members Nancy Del Pizzo of Rivkin Radler and Mendel Epstein of Wilson Elser. The podcast is a discussion about non fungible tokens (“NFTs”) and potential copyright issues associated with NFTs.
Nancy and Mendel discuss an array of digital assets such as art, music
Read MoreJanuary 11, 2023 |
Here is what we cover in this issue of The Employment Law Reporter:
- The U.S. District Court for the Southern District of New York has dismissed claims under Title I, Title II, and Title III of the Americans with Disabilities Act and claims under the Rehabilitation Act against a non-profit corporation that provides job
January 6, 2023 | |
Marc Ullman was published in Natural Products Insider. His article, “Analysis: CBD food industry unlikely to placate FDA,” discusses the potentially negative impact on the FDA’s interpretation of the exclusionary clause in the Dietary Supplement Health and Education Act of 1994 (DSHEA). Ullman fears the current interpretation of the act will have a long lasting
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