Recent Publications
July 6, 2021 |
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
- An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and Covenants” filed as a condition of a zoning resolution.
- An appellate court in New York
July 6, 2021 |
As the COVID-19 pandemic was taking hold last April, the Manhattan U.S. Attorney filed a lawsuit against FPR Specialty Pharmacy LLC and Mead Square Pharmacy, Inc., and their owners, Christopher Casey and William Rue, alleging that they had submitted fraudulent claims for reimbursement to federal healthcare programs for compounded prescription drugs in violation of the
Read MoreJuly 6, 2021 | |
NH vs MA
Last week, the U.S. Supreme Court denied New Hampshire’s request that the Court exercise its original jurisdiction under the Constitution[i] to hear and resolve a conflict involving the taxation by Massachusetts of income earned by certain residents of the Granite State.[ii]
The disagreement between the two jurisdictions originated when Massachusetts, in response
Read MoreJune 28, 2021 |
First Department Finds Exterior Work Over Two Stories Exclusion Did Not Apply To Accident From Work On Lower Floors
Adelphi University hired a general contractor for a construction project to build, from the ground up, a three-story building. The employee of a structural steel and iron work sub-subcontractor was injured when he fell from the
Read MoreJune 28, 2021 | |
Not Good
As Mr. Biden settled into the White House, and as the Democrats began planning how to best utilize their slim Congressional majority to enact and pay for their sweeping legislative agenda, the principal concern among most owners of successful closely held businesses was Mr. Biden’s proposal to almost double the federal income tax
Read MoreJune 23, 2021 |
Insurance coverage litigation often centers on the interpretation of specific terms and phrases in an insurance policy.
In our June Insurance Update:
- The Illinois Supreme Court decides whether disclosure of biometric identifiers to a single party is a “publication” and whether a BIPA claim involves a “right of privacy”
- A federal court in Kentucky
June 23, 2021 |
Here is what we cover in this issue of The Employment Law Reporter:
- The U.S. Court of Appeals for the Second Circuit has upheld a district court’s decision to dismiss a plaintiff’s First Amendment retaliation claim against his employer, but ruled that the district court should consider the plaintiff’s employment discrimination claim.
- The U.S.
June 21, 2021 |
I Read the News Today
Much of today’s news is dominated by the future of the Administration’s broadly defined infrastructure plan. Discussions among “those in the know” inevitably turn into debates over the wisdom of pursuing the bipartisan legislative approach favored by centrists from both sides of the political divide as contrasted with the “go-it-alone
Read MoreJune 15, 2021 |
A wide range of federal and state authorities are involved in the regulation of emerging technologies in one way or another. Numerous agencies as well as the U.S. Department of Justice lead the national effort, while the Department of Financial Services, the attorney general, and local prosecutors are the principal parties in New York State.
Read MoreJune 14, 2021 |
What A Ride
No one anticipated that the Administration’s proposed tax increases would fly through Congress easily – at least no one residing in a state in which the recreational use of marijuana has not been legalized. Query, however, whether anyone foresaw the rollercoaster-like developments of the last several days.
The G-7
As the White
Read MoreJune 7, 2021 |
Recap
Last week, we considered several of the revenue proposals included in the Biden Administration’s 2022 Budget that are probably of interest – or should we say, “of concern”? – to the owners of closely held businesses.[i]
Rate Hikes
The proposed increases in the federal corporate income tax rate – for C corporations[ii] and for
Read MoreJune 1, 2021 |
Extra, Extra![i]
Last Friday afternoon, as millions of unsuspecting Americans prepared for the long Memorial Day weekend[ii] – for many, perhaps, their first mask-less holiday celebration in almost 15 months – the Biden Administration released its 114-page “Green Book” for the federal government’s 2022 fiscal year.[iii]
I must confess, I really was looking forward to
Read MoreJune 1, 2021 | |
On May 13, 2021, Rivkin Radler Partner, and former OMIG First Deputy, Robert Hussar kicked off Rivkin Radler’s new Healthcare Compliance Lunch and Learn Series. He interviewed Frank T. Walsh, Jr., who offered his first public comments since assuming his role as Acting NYS Medicaid Inspector General (pending State Senate confirmation).
Mr. Walsh provided health
Read MoreMay 27, 2021 |
Oftentimes, in the summer, we return to the topic of changing your residence for state tax purposes. There are five factors which the tax authorities will look to in determining whether someone has changed their residency. This is frequently referred to synonymously as one’s “domicile” for tax purposes: (1) physical presence, (2) home, (3) family
Read MoreMay 26, 2021 |
WDNY Follows Other New York Courts Holding That COVID-19 Losses Are Not Covered
The insured operated a martial arts and fitness business in Buffalo, New York, that sustained losses in revenue when its business closed due to the COVID-19 pandemic and related executive orders. The insured sought coverage under its commercial property policy. The United
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