Recent Publications


Wendy and Jen Wreck the Movies: Brewster’s Millions (1985) or Put me in, Coach, I’m ready to PAY, Within 30 Days!!!
April 21, 2022 | Trusts & Estates

What Happened:

Montgomery Brewster’s minor league baseball career is fizzling.  Optimistic Brewster believes his big break is just around the corner, but the break he gets is not the one he expects.

Brewster’s previously unknown great-uncle Rupert Horn dies leaving Brewster $300 million – but only if Brewster can spend $30 million in 30 days

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Insurance Update
April 21, 2022 | Insurance Coverage

Cases in our April Insurance Update address several questions:

  • Are costs incurred to comply with a subpoena covered?
  • What must an insured show to rebut the presumption of prejudice in a late notice situation?
  • What are related claims under claims-made policies?
  • How does a retroactive date limitation apply?
  • Is there a “loss of use”
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FTC Appears Ready to Begin Enforcing Its Health Breach Notification Rule
April 18, 2022 | Privacy, Data & Cyber Law

More than a decade ago, the Federal Trade Commission (FTC) promulgated a Health Breach Notification Rule (the Rule). The Rule requires certain businesses that access or collect consumers’ identifying health information to notify affected consumers, the FTC and, in some cases, the media, in the event that there is a data security breach leading to

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Novikoff’s Employment Law Reporter Published in Employee Relations Law Journal
April 13, 2022 | Labor & Employment

Kenneth A. Novikoff’s Winter issue of the Employment Law Reporter was published in the Employee Relations Law Journal.

This column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition agreements. All of the decisions analyzed in this column are by New York courts – federal and state. The courts’

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The Title Reporter — Spring 2022
April 7, 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 Montana has ruled that a conveyance of property by policyholders under a title insurance policy to trusts was a voluntary conveyance to “a separate and distinct entity” and that,
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Is It Time to Update Your Website Terms?
April 7, 2022 | Privacy, Data & Cyber Law

Today, virtually every business is an e-business. Whether a business’ website looks much like it did when it was launched 10 years ago or has recently been updated to an e-platform offering the latest interactive tools, websites are often the first and best method of educating consumers about the business and its products and services.

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The Employment Law Reporter
April 6, 2022 | Labor & Employment

Here is what we cover in this issue of Employment Law Reporter Spring 2022:

  • The U.S. District Court for the Western District of New York has granted the defendant’s motion in an employment discrimination lawsuit brought under the federal Rehabilitation Act, finding that the plaintiff failed to demonstrate that he was disabled or considered
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The New York State Estate Tax Cliff and the “Santa Clause” Fix
March 30, 2022 | Trusts & Estates

New York has an “estate tax cliff,” which can result in heirs paying New York estate tax at a rate exceeding 100%. The current per-person NYS estate tax exemption is $6.11 million, which is the amount you can leave to your heirs at your death without paying NYS estate tax. If your taxable estate, however,

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New York Insurance Coverage Law Update
March 29, 2022 | Insurance Coverage

Fourth Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy For Accident On Driveway Of Leased Premises

Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory judgment action against Main Street America Assurance Company, as the liability insurer for the landlord’s tenant, seeking a declaration that Main Street had a

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Insurance Update
March 21, 2022 | Insurance Coverage

Texas practitioners can add a new term to their legal vocabulary:  “the Monroe exception.”  The Texas Supreme Court has finally weighed in on whether to create an exception to the eight corners rule when determining if an insurer has a duty to defend.  Crafting a rule similar to what the Fifth Circuit proposed years earlier,

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Student-Athlete Sponsorship Deals in 2022…What Businesses Should Know
March 17, 2022 | Intellectual Property

Since the National Collegiate Athletic Association (NCAA) adopted its Interim Name, Image, and Likeness (NIL) Policy in June 2021, which allows college athletes to receive NIL-based compensation, businesses and athletes alike have capitalized on the new rules by entering into varied sponsorship deals. These collaborations between businesses and athletes have ranged from multimillion-dollar endorsement deals

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Wendy and Jen Wreck the Movies – Uptown Girls (2003), Or Even Rock Stars Need Estate Planning
March 17, 2022 | Trusts & Estates

What Happened:

Uptown Girls begins as all fairy tales should:

“There was once a princess who lived in a castle high above the streets of an enchanted kingdom (New York). The king and queen were long gone but they left her with their treasure so that she could stay a princess forever…”

Some people thought

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Heller Published in The Banking Law Journal
March 17, 2022 | Banking

Michael Heller published the article, “Federal Trade Commission Expands Data Security Safeguards Requirements” in The Banking Law Journal.

Read the full article here.

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Online Licensing Portal Opens to Growers of Adult-Use Cannabis
March 16, 2022 | Cannabis

On March 15, 2022, Governor Kathy Hochul announced the opening of the portal to obtain an Adult-use Conditional Cultivator License to grow adult-use cannabis. Farmers who qualify and apply will pay a non-refundable $2,000 application and licensing fee.

To qualify for this license an applicant must have been

  1.  an authorized industrial hemp research partner
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The Opioid Crisis: An Epidemic Exacerbated by Fraud
March 4, 2022 | Insurance Fraud and Recovery

The terrible, terrible losses associated with the opioid epidemic are almost too horrifying to describe. Statistics alone cannot explain its scope, but it is important to note that, last year alone, over 100,000 Americans died from drug overdoses across the country. Strikingly, the increase in overdose numbers during the COVID-19 pandemic took place in all

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