Every U.S. citizen may gift, during life or at death, assets to his or her children free of federal estate or gift tax up to an aggregate amount – frequently called the “exemption amount.” The exemption amount in 2021 is $11.7 million.

Prior to 2011, if one spouse died without having gifted or bequeathed all

In October 2021, New York Governor Hochul signed into law four new pieces of legislation affecting employees and employers in New York State.

First, on October 28, 2021, New York Governor Hochul signed into law new legislation amending New York’s existing Whistleblower Law, NY Labor Law § 740: https://www.governor.ny.gov/news/governor-hochul-signs-legislation-protecting-employees-retaliation.

These new amendments, which take effect January

Alan Rutkin authored, “As Cybercrimes Continue, Lawsuits for Damages Will Grow,” for the December 2021 issue of Best’s Review. The article explores the challenges to insurers posed by the ever-evolving world of cyber liability:

1. The threats are growing.
2. Underwriters are trying to assess where the biggest threats exist.
3. Coverage litigation is still relatively new.

In mid-May, U.S. Attorney General Merrick Garland established the COVID-19 Fraud Enforcement Task Force. Attorney General Garland directed the task force to use the resources of the U.S. Department of Justice in partnership with agencies across government to enhance enforcement efforts against fraud related to the COVID-19 pandemic. Even by that time – more than

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued a new guidance and questions and answers regarding COVID-19 issues confronting employers and employees. The EEOC’s Technical Assistance is entitled “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws.” This Technical Assistance also provides links and references

Court Holds That Contractor’s Insurer Must Defend Owner As Additional Insured In Personal Injury Action Filed By Subcontractor’s Employee

A premises owner hired a contractor to perform an oil-to-gas boiler conversion, and the contractor subcontracted the work.  The subcontractor’s employee was injured while working on the project and sued the owner.  The owner sought additional

Charitable giving helps to improve social well-being by supporting a broad range of areas including education, scientific research, alleviation of poverty, and others. To encourage donations, the federal government makes certain charitable contributions eligible for tax benefits. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) increased certain charitable donation deductions, while the CARES

Michael J. Heller’s, Peter P. McNamara’s and Matthew V. Spero’s Summer 2021 issue of the Title Reporter has been published in the Real Estate Finance Journal.

Click here to read the full article.

Michael Heller published the article, “New Private Flood Insurance Guidance on Horizon for Banks” in The Banking Law Journal.

Read the full article here.

Many New York-based businesses with websites, as well as bloggers, vloggers, and other New Yorkers with an online presence, may justifiably feel a bit more immune to lawsuits under the Americans with Disabilities Act (ADA) given the recent decision by the U.S. District Court for the Eastern District of New York in Winegard v. Newsday

Here’s our October Insurance Update.

The Sixth Circuit had insurance on its mind this past month.  Three of the decisions we discuss in our update are from that court.

First, the Sixth Circuit joins the Eighth and Eleventh Circuits in finding that pandemic-based business interruption losses did not amount to a “direct physical loss of

Kenneth Novikoff’s Summer issue of the Employment Law Reporter was published as a column in the Employee Relations Law Journal.

Read the full column here.

The cyber insurance market landscape continues to change, as insurers grapple with the growing threats hackers pose to policyholders. But less discussed are insurers’ internal cyber security practices. Insurers possess extensive personal information about policyholders, making insurers attractive targets for hackers.

In October 2017, responding to these concerns, the National Association of Insurance Commissioners (the

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

• A federal court in New York has dismissed a complaint filed by a former employee of the New York City Department of Education alleging employment discrimination in violation of the Americans with Disabilities Act.
• A federal court in New York has

On September 9, 2021, Governor Hochul signed into law a new wage protection statute which added a new section to the New York Labor Law. Section 198(e) holds construction contractors liable for all claims under Labor Law Section 198 for unpaid wages, benefits and wage supplements of employees of all of their subcontractors. The definitions