Recent Publications


Wendy and Jen Wreck the Movies (And the Books They Are Based On): Howards End (1992), or “Estate Planning Should Not Wait Until the End”
November 17, 2022 | Trusts & Estates

What Happened:

Margaret Schlegel and Ruth Wilcox bond over Christmas shopping, their shared attachment to their respective childhood homes and familial loyalty. Ruth enchants Margaret with stories of her ancestral home, Howards End. Ruth confides in Margaret that her husband, Henry, and children do not share her connection or affection for Howards End. They are

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Joint and Designated Beneficiary Accounts: BEWARE!
November 14, 2022 | Trusts & Estates

Your friendly neighborhood branch banker suggests that you change all your accounts to either joint with your kids or to
name your kids as beneficiaries on all your accounts (a “pay on death” beneficiary designation). She says this will make the administration of your estate when you die much less complicated and easier for

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The Triple Threat of Workers’ Compensation Fraud
November 3, 2022 | Insurance Fraud and Recovery

Workers’ compensation insurance is an important social tool that provides benefits to covered employees who become ill or who get hurt because of their job. The insurance benefits can help cover those employees’ medical expenses and the wages they might lose if they must miss work. Workers’ comp insurance also eases the financial burdens on

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New York Insurance Coverage Law Update
October 31, 2022 | Insurance Coverage

Southern District Finds That Insured’s Owner And CEO Not Entitled To SUM Coverage Because Not Acting In Scope Of His Duties For Insured

Majestic Rayon Corporation, a family business that manages the family’s real estate, obtained an insurance policy from Hartford Accident and Indemnity Company that included supplementary uninsured/ under-insured motorists (“SUM”) coverage for any

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The Family Health Care Decisions Act’s Limitations
October 28, 2022 | Health Services

On any given day, a medical practitioner will evaluate a patient, determine the appropriate care and then provide the required services upon the patient’s consent. However, what happens if a patient lacks capacity and is unable to consent to treatment and has no designated decision maker to take on that role?

The Family Health Care

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Insurance Update
October 24, 2022 | Insurance Coverage

Kidnapping, treasure hunts, insurgents shooting down airplanes  — sounds like the Fall TV lineup.  But no, it’s our October Insurance Update.

And in honor of the month’s most treasured sporting event, the Fall Classic, we roll out a lineup of nine sluggers that will bring you up to date on what’s happened in the world

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

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 | General Liability | Medical Malpractice Defense

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 | Real Estate, Zoning & Land Use | Insurance Coverage

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 | Compliance, Investigations & White Collar | Tax

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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