Recent Publications


Zurich ‘War Exclusion’ Lawsuit Remains in Limbo as Judge Rules in Similar Case
January 28, 2022 | Insurance Coverage | Medical Malpractice Defense

A possible precedent-setting $100 million lawsuit over Zurich American’s use of the rarely applied war exclusion to deny coverage remains in legal limbo, court documents show — even as a judge ruled in early January against an insurer in a similar case.

Attorneys for Mondelez and Zurich American, which was sued over its denying the

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New York Insurance Coverage Law Update — Compilation 2021
January 26, 2022 | Insurance Coverage

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2021.

New York Insurance Coverage Law Update 2021

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New York Insurance Coverage Law Update
January 26, 2022 | Insurance Coverage

New York Enacts Comprehensive Insurance Disclosure Act

On December 31, 2021, New York’s Governor Hochul signed into law the Comprehensive Insurance Disclosure Act, that requires defendants, third-party defendants, and defendants on cross-claims and counterclaims (the “disclosing party”) to produce copies of all primary, umbrella and excess insurance policies that may satisfy part or all of

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Biden Administration Announces New Policy to Attract and Retain Immigrants in STEM
January 24, 2022 | Immigration | Labor & Employment

The Biden administration announced a series of administrative changes designed to strengthen the nation’s ability to attract global talent. The changes are also designed to strengthen our economy and technological competitiveness and benefit working people and communities across the country. This bulletin will highlight some of the key changes affecting employers and foreign nationals.

New

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Insurance Update
January 24, 2022 | Insurance Coverage

Cases discussed in our January Insurance Update answer these questions:

  • A commercial crime policy covers property that the insured “holds for others.”  In the context of a phishing scheme, does “hold” mean the insured must possess the diverted funds or simply have some control over them?
  • Federal and state agencies order a manufacturer to
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Wendy And Jen Wreck the Movies – Citizen Kane (1941) Or Deposit Money, Not Children, in the Bank
January 20, 2022 | Trusts & Estates

What happened

“Legendary was the Xanadu where Kubla Kahn decreed his stately pleasure dome.” Legendary too were the colossal errors made by Mary Kane in this celebrated classic movie which follows a journalist as he tries to uncover the meaning of Charles Foster Kane’s last words.

Jim Kane and Mary Kane ran a Colorado

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The Employment Law Reporter
January 11, 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 affirmed a district court’s decision dismissing employment discrimination claims brought by a former victim witness coordinator against her former employer – the U.S. Attorney’s Office for the Western District of New
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NY AG: All Businesses Should Take ‘Credential Stuffing’ Attacks Seriously
January 10, 2022 | Privacy, Data & Cyber Law

Credential stuffing has quickly become one of the top attack vectors online, according to the Office of New York State Attorney General Letitia James (OAG). On January 6, 2022, the OAG announced the result of a sweeping investigation that discovered that 1.1 million online accounts had been compromised through credential stuffing accounts at 17 well-known

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The Title Reporter — Winter 2022
January 10, 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 Delaware trial court has ruled that plaintiffs suing a title insurer for breach of a title insurance policy would not be able to present damages evidence on lost wages, carrying costs, lost opportunity
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Popular Again: Using Life Insurance Trusts to Hedge Against Estate Taxes
January 10, 2022 | Trusts & Estates

With the prospect of estate tax exemptions going down and estate tax rates going up, it’s a good time to consider using life insurance as a hedge against potential estate taxes. One way to do that is to add an Irrevocable Life Insurance Trust (ILIT) to your estate plan.

Life insurance proceeds are included in

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Justices May Hesitate to Review Calif. Fraud Coverage Case
January 7, 2022 | Insurance Coverage

This article was published as an Expert Analysis in Law360.

Many states have statutes or public policy that prohibits insurers from indemnifying policyholders for claims caused by their own willful acts. This is typical in the context of criminal acts or punitive damages, which many jurisdictions consider uninsurable. Likewise, statutory consumer protection claims are often uninsurable.

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An Insurance Fraud Year in Review
January 6, 2022 | Insurance Fraud and Recovery

The year 2021 will be remembered for many things, of course including that, as of this writing, a total of more than 800,000 Americans have died from COVID-19 since the beginning of the pandemic. For lawyers who represent insurance companies in cases seeking to challenge fraudulent claims and other types of insurance fraud, as well

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A Legal Update for the Title Insurance Industry
January 4, 2022 | Real Estate, Zoning & Land Use

Michael Heller Peter McNamara and Matthew Spero published the article, “A Legal Update for the Title Insurance Industry,” in the Winter 2021 issue of Real Estate Finance Journal.

The authors discuss five recent court decisions of note involving title insurance.

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Do You Have the Right Cyber Insurance for Your Business?
January 4, 2022 | Privacy, Data & Cyber Law | Insurance Coverage

Robert Tugander’s article, “Do You Have the Right Cyber Insurance for Your Business?” appeared in the Winter 2021/2022 issue of USLAW Magazine.

The article explores the reasons why the same cyber crime often results in different insurance coverage outcomes, depending on the court or the language of the insurance policy. And while no single policy can

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Update on NYS Cannabinoid Licensing, Manufacturing and Labeling
January 3, 2022 | Compliance, Investigations & White Collar | Cannabis

The New York State Office of Cannabis Management (OCM) has announced regulations concerning the manufacturing and labeling of cannabinoid hemp products, and the availability of an online portal to facilitate required state licensure. Cannabinoid hemp products sold in the state must comply with the regulations by April 25, 2022. The OCM will be reaching out

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