Recent Publications - Appeals


An enforceable contract need not be in writing
June 24, 2019 | Appeals

Commentary:

Dustin and Brooks have owned a business together for years. They have no agreement. Dustin wants to retire and work on his golf handicap. Brooks wants to keep working and expand the business. They agree that Brooks will buy Dustin’s interest in the business.

They get together with Rory, the company accountant, and they

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Business mediation can avoid the grind of litigation
May 20, 2019 | Appeals

My friends who own boats often share with me the famous adage that the best two days of boat ownership are the day that the boat is purchased and the day the boat is sold. The joys of boat ownership are quickly subsumed by the day-to-day grind of maintenance and other aggravations that come with

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When it comes to attorneys on TV, it’s all fake news
May 6, 2019 | Appeals

Commentary:

Television shows about lawyers are entertaining. “Law and Order,” in all its iterations, was a staple in my house forever. More recently, “Suits” has become an obsession. People of a certain generation will remember “L.A. Law,” and even before that, “Perry Mason.” All of these shows have memorable characters, smart dialogue, dramatic moments and

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DFS Continues Long History of Strongly Supporting Anti-Fraud Reg
May 3, 2019 | Appeals

Nearly two decades ago, in 2001, New York state’s insurance regulator—then known as the New York State Insurance Department and now known as the New York State Department of Financial Services (DFS)—promulgated a powerful anti-fraud regulation. The regulation, 11 N.Y.C.R.R. §65-3.16(a)(12), was intended to require that a health care provider, as a condition of eligibility

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A privileged conversation is too important to throw away
April 8, 2019 | Appeals

Commentary:

Success in a litigation starts with a strong attorney-client relationship. The attorney and the client must work closely together to investigate and learn the operative facts, discern the best strategy to utilize those facts, adapt that strategy as new facts emerge and, as adversaries raise counter-arguments, and ultimately decide to settle or continue the

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New Rules for Premium Visa Processing and H-1B Data Hub
March 20, 2019 | Employment & Labor | Immigration

On March 19, 2019, the United States Citizenship and Immigration Services (USCIS) announced two major changes to the H-1B visa program. First, USCIS will allow a modified form of premium processing for H-1B visa petitions that are subject to the annual cap (“cap-subject H-1B petitions”). In the past two years, USCIS had suspended premium processing

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In Business, Trust Your Family at Your Own Peril
March 7, 2019 | Commercial Litigation

Commentary:

Long Island has been my home for most of my life.

Here are a few of my favorite things about my hometown: beautiful beaches, great public education, fried clams, Billy Joel, the lunar module, four Stanley Cups, the Belmont Stakes and Bethpage Black.

Some of my not-so-favorite things: unbearable traffic, exorbitant property taxes and

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What Employers Need to Know Now about H-1B Visas
March 6, 2019 | Employment & Labor | Immigration

It is now H-1B visa season, meaning that the U.S. Department of Homeland Security (DHS) is accepting H-1B visa applications from April 1st to April 5th.

The H-1B visa program has come under intense public scrutiny over the last two years. In response to perceived abuses in the H-1B program, President Trump issued the “Buy

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Choice of Law Can Be Key When Fighting Life Insurance Fraud
March 1, 2019 | Appeals

A stranger-originated life insurance (STOLI) policy is a life insurance policy obtained as an investment for a stranger, rather than for the benefit of the insured’s beneficiaries. Public policy disfavors STOLI policies because, among other things, legislators consider them to be wagers on human life. See, e.g., N.Y. Ins. Law §7815(c) (“No person shall directly

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DHS Proposes Termination of H-4 Work Authorization
February 28, 2019 | Employment & Labor | Immigration

On February 20, 2019, The Department of Homeland Security (DHS) sent the Office of Management and Budget a proposed rule that would eliminate the work authorization for those present on an H-4 visa. The proposed termination of work authorization has the potential to drastically affect the companies that employ H-4 workers.

Proactive employers can avoid a disruption

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