Recent Publications


Planning for the Interest Charge on Installment Sales: Decanting a Grantor Trust?
October 20, 2022 | Tax | Trusts & Estates

Louis Vlahos’ article, “Planning for the Interest Charge on Installment Sales: Decanting a Grantor Trust?”, was published in the New York State Bar Association Trusts and Estates Law Section Journal. Rivkin Radler member Nicholas G. Moneta is the publication’s Editor-in-Chief.

The article discusses the concept that the special interest charge imposed on the deferred tax

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New Department of Labor Guidance on Retaliation under the FLSA and FMLA
October 20, 2022 | Medical Malpractice Defense | General Liability

On March 10, 2022, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) released new guidance intended for employers. The guidance gives specific examples of what constitutes unlawful retaliation under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and visa programs. The guidance contains several hypothetical

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Wendy and Jen Wreck the Movies: King Ralph (1991), or “The Pumpkin Pie is Better Here”
October 20, 2022 | Trusts & Estates

What Happened:

The entire Royal Family of the United Kingdom dies during a poorly planned family photo session (but as anyone who has sat through a family photo knows, they may have faked it).

Meanwhile, on the other side of the pond (we tend to be cheeky), Ralph Jones works as a Las Vegas lounge

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The Three Big Words at the Center of the Twitter Saga
October 19, 2022 | Corporate

Few M&A transactions have captured the public’s attention to quite the same degree as the ongoing saga surrounding Elon Musk’s bid to take Twitter private. What began as a simmering hostile takeover, evolved into a negotiated transaction that was then terminated by Musk and landed in the Delaware Court of Chancery for what looked like

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The FTC Is Now the Nation’s Most Formidable Privacy Enforcer
October 17, 2022 | Privacy, Data & Cyber Law

While businesses and consumers await a national privacy law (that may or may not ever be enacted), and while states across the country have passed their own (and at times inconsistent) privacy statutes, one powerful force remains regularly active in this area: the Federal Trade Commission (FTC).

In July, Kristin Cohen, the acting associate director

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The Title Reporter — Fall 2022
October 11, 2022 | Insurance Coverage | Real Estate, Zoning & Land Use

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

  • A federal district court in New York has rejected a lawsuit filed by insureds under a title insurance policy demanding indemnification for the ostensible diminution in their insured property’s value stemming from an
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DOJ Issues New Guidance on Criminal Enforcement
October 10, 2022 | Compliance, Investigations & White Collar | Corporate

On September 15, Deputy Attorney General (“DAG”) Lisa Monaco delivered remarks announcing updated guidance on how the Department of Justice will be prioritizing and prosecuting corporate crime.  Her remarks were accompanied by a formal memo, titled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group” (https://www.justice.gov/opa/speech/file/1535301/download).  However inelegant the title,

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When ‘Visibility’ on the Internet Does Not Implicate the ‘Display’ Right
October 3, 2022 | Intellectual Property

Courts are split on whether it is copyright infringement to link to or “embed” a post from a social media site intended for sharing posts, when the post (and all of its content) remains on the original server. Does the location of the server matter? Does a new copyright claim accrue anew each day an

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Treasury Issues Final Rule on Disclosure of Beneficial Ownership
September 29, 2022 | Tax | Compliance, Investigations & White Collar

In an effort to help prevent and combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity, the United States Department of the Treasury just issued a final rule [RIN: 1506-AB49]. The rule requires certain businesses to file reports with FinCEN (Financial Crimes Enforcement Network) that identify two categories of individuals: the beneficial

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The Employment Law Reporter
September 29, 2022 | Labor & Employment

Here is what we cover in this issue of The Employment Law Reporter:

  • The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of action against the faculty member’s university for intentional gender-based discrimination.
  • The Second Circuit
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New York Insurance Coverage Law Update
September 29, 2022 | Insurance Coverage

Court Finds That Named Insured “Executed” Contract With Additional Insured, Triggering Duty To Defend

Stoncor, a flooring systems manufacturer, sent Surfacesys a proposed Master Installation Agreement to become an exclusive floor installation contractor. The Agreement required that Surfacesys list Stoncor as an insured on its insurance.   The Agreement was returned to Stoncor via fax purportedly

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Insurance Update
September 21, 2022 | Insurance Coverage

Some important insurance decisions were handed down over the past month.

We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display.  In Acuity, the Ohio Supreme Court found that the opioid suits were not brought “because of bodily injury.”  A week earlier, the

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NJ Publishes Guidance on Cannabis Sales & Use Tax and Social Equity Excise Fee
September 19, 2022 | Cannabis | Tax

The New Jersey Division of Taxation recently provided guidance[1] on registration and licensing requirements, Social Equity Excise Fees, and the Sales & Use tax applicable to companies operating in the cannabis industry.[2]

The following provides important takeaways from the Division’s publication.

Registration & Licensing

To operate a cannabis business in New Jersey a company must

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Wendy and Jen Wreck the Movies: Elizabethtown (2005), or “Sharing is Caring, Don’t Keep Your Final Wishes a Secret”
September 15, 2022 | Trusts & Estates

What Happened:

Drew Baylor is a wildly successful athletic shoe designer for Mercury Sportwear until his world is turned askew when one of the shoes he designed is accused of having a design flaw.  Mercury announces a recall; Drew becomes the scapegoat; his boss publicly humiliates him and then unceremoniously fires Drew.

At his darkest

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The Value of Risk Transfer Consulting in Real Estate Transactions and Construction Projects
September 14, 2022 | Insurance Coverage

Michael Kotula and Robert Maloney published the article, “The Value of Risk Transfer Consulting in Real Estate Transactions and Construction Projects,” in the Fall 2022 issue of USLAW Magazine.

The article discusses the nuances of the liability and insurance coverage issues that go along with risk transfers.

Read the full article here.

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