Recent Publications


Law360: Insurer’s ‘600-Lb Life’ Win Shows Why Fraud Suits Don’t Stick
December 12, 2023 | Insurance Coverage

Robert Tugander wrote an article on the production company that produces the show “My 600-Lb Life,” and its the argument that its insurer fraudulently led it to believe it would have coverage for liability arising out of the show’s production.

To read the article, click the link below.

Law360 – Insurer’s ‘600-Lb Life’ Win Shows

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Can You Be Sued if Someone Slips and Falls on Your Property?
December 1, 2023 | General Liability

The holiday season is one of the most magical times of year in New York, filled with excitement and festive decorations. It is also one of the busiest, from holiday gatherings with friends and family to decorating and checking off the holiday shopping list. For many, the days of holiday shopping in bustling stores have

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New York Insurance Coverage Law Update
November 29, 2023 | Insurance Coverage

New York’s Highest Court Holds That Portion Of Premium Need Not Be Refunded For Death During Policy Period Of Universal Life Policy

The Joan C. Lupe Family Trust purchased a policy under which Lincoln Life and Annuity Company of New York agreed to provide universal life insurance coverage with Joan C. Lupe as the

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Are You in Charge of You? Important Changes to New York State’s Health Care Proxy Law
November 29, 2023 | Trusts & Estates

As of November 2023, having a valid Health Care Proxy became easier for New Yorkers. A Health Care Proxy allows a competent adult to appoint an agent to make health care choices for them if they lose the ability to make those decisions for themselves. Two adults who are not appointed in the document must

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Cannata, Misiti and Haque Publish Article in Fall 2023 USLAW Magazine
November 28, 2023 | Intellectual Property

Michael Cannata, Frank Misiti and Mohammed Haque published the article, “Just How Long is the Long Arm of the Law? The Supreme Court Takes on the Extraterritorial Application of the Lanham Act,” in the Fall 2023 issue of USLAW Magazine.

Click here to read the article.

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Cannabis License Application Deadline Approaching
November 22, 2023 | Cannabis

If you are applying for a cultivation, processor, distributor, dispensary, or microbusiness license, applications are open and you must submit your application on or before 5 pm, December 18, 2023.

To submit an application, the applicant must have control of an eligible property (i.e., with a deed or lease at the time of applying). Applications

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Changes in NY Law Significantly Affect Retainage Withheld in Private Construction Contracts
November 21, 2023 | Construction

On Friday, November 17, 2023, Governor Hochul signed into law a bill which limits the retainage held on construction contracts for private improvements to 5% of the contract price from inception of the project – this applies to an owner’s withholding of retainage from a contractor, as well as a contractor’s retainage withheld from subcontractors.

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In NYC, Cannabis Business Expenses Now Deductible
November 21, 2023 | Cannabis

New York Governor Kathy Hochul signed a bill on Friday, November 20, 2023, that allows New York City cannabis businesses to deduct business expenses paid or incurred in carrying on such business for purposes of determining their City income tax liabilities. The measure expands on legislation the governor signed in 2022 that allowed state-level cannabis

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Insurance Update
November 17, 2023 | Insurance Coverage

In our November Insurance Update, we address consent, “occurrence,” malicious prosecution, claims-made reporting requirements, and the duty to defend.

Consent has seemed to plague TV-maker Vizio. First, it got into trouble with consumers by allegedly secretly collecting information about their viewing habits and selling that information without the consumers’ consent. Then, it reached a deal

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Law360: Illinois Trump Tower Ruling Illuminates Insurance ‘Occurrence’
November 15, 2023 | Insurance Coverage

Robert Tugander and Greg Mann wrote an article for Law360 on one of the most widely litigated issues: whether the insured’s liability stems from an “occurrence.”

To read the article, click the link below.

Illinois Trump Tower Ruling Illuminates Insurance ‘Occurrence’

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New 2024 Estate and Gift Tax Exemption Amounts
November 14, 2023 | Trusts & Estates

The federal estate and gift tax exemption (the combined amount you can give away to beneficiaries other than your spouse or charities during life and at death without paying gift or estate tax) is increasing to $13.61 million per person as of January 1, 2024, up from $12.92 million in 2023. This is an increase

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Creditors Committee’s Request to Sue Diocese Insurers Denied
November 2, 2023 | Bankruptcy

Recently, a bankruptcy judge denied a request by a creditors’ committee to sue the insurers of the Roman Catholic Diocese of Rockville Centre (the “Debtor”).

The judge found that the Official Committee of Unsecured Creditors’ (the “Committee’s”) request to proceed with the action was baseless since no settlement had been reached and the Committee’s entire

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Title Reporter Published in Real Estate Finance Journal
November 1, 2023 | Real Estate, Zoning & Land Use

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Summer issue of the Title Reporter was published in the Real Estate Finance Journal.

This article discusses the following court rulings, among others:

  • A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity
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Using Your IRA to Make Gifts to Charity
November 1, 2023 | Trusts & Estates

If you are at least 70 ½ years old and have a traditional IRA, you can give up to $100,000 from your IRA account directly to charity. This direct transfer, called a Qualified Charitable Distribution (QCD), avoids having to  recognize the assets transferred to the charity in your gross income on your tax return.

Direct

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Majkowski and Russo Author Article in International Association of Defense Counsel Newsletter
November 1, 2023 | Complex Torts & Product Liability

Paul Majkowski and Lauren Russo authored, “Holding the Gate Against Talc Plaintiffs’ Experts: New Jersey Appellate Court Reverses Multi-Hundred Million Dollar Verdict,” for the October 2023 issue of IADC – Toxic and Hazardous Substance Litigation Newsletter.

Click here to read.

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