Recent Publications


The Title Reporter — Summer 2021
July 6, 2021 | Insurance Coverage

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
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Compounding the Fraud: Questionable Billing by Pharmacies
July 6, 2021 | Insurance Fraud

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

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Like a Good Neighbor, New York is Still Free to Tax You – Sorry for the Inconvenience
July 6, 2021 | Tax | Trusts & Estates

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

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New York Insurance Coverage Law Update
June 28, 2021 | Insurance Coverage

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

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Tax Increases in Sight? Time to Sell the Business? Focus on Economics
June 28, 2021 | Tax | Trusts & Estates

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

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Insurance Update
June 23, 2021 | Insurance Coverage

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
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The Employment Law Reporter
June 23, 2021 | 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 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.
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Tax Changes in the Offing? “Close Scrutiny” of Business Owners’ Economic Benefits Remains a Constant
June 21, 2021 | Tax

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

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Here’s How the FTC Is Tackling Emerging Technology
June 15, 2021 | Privacy, Data & Cyber Law

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.

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Partners, S Corp. Shareholders and Biden’s 2022 Revenue Proposal: No More Business as Usual
June 14, 2021 | Tax

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

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Biden’s 2022 Revenue Proposal, Profits Interests, and The Alchemy of Compensation
June 7, 2021 | Tax

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

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The Biden Administration’s Revenue Proposals for Fiscal Year 2022: Tax Increases and Forced Recognition of Capital Gains
June 1, 2021 | Tax

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

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Acting Medicaid IG Frank Walsh Shares Agency’s Priorities
June 1, 2021 | Health Services | Compliance, Investigations & White Collar

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

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WILLS, TRUSTS & ESTATES: PLAIN AND SIMPLE – Changing Your Residence For State Tax Purposes – More To It Than You May Think
May 27, 2021 | Trusts & Estates

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

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New York Insurance Coverage Law Update
May 26, 2021 | Insurance Coverage

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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