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

Discussing your estate plan with your adult children can feel like a daunting task. You want your children to be ready for the responsibilities that wealth entails, but you’re not sure you’re ready to disclose your finances and intentions to your kids yet. It can be even more overwhelming when a family business is involved.

On September 6, 2021, New York Governor Hochul announced that the New York Commissioner of Health had designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the New York HERO Act (the “HERO Act”). This new designation requires all New York employers to implement workplace

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• An appellate court in California has ruled that the state’s Quiet Title Act insulated a third party from the effect of a subsequent invalidation of an earlier quiet title judgment only if the third

Whether a partnership, limited liability company, or corporation, it is imperative to know of a business’s legal duties when it is in possession of funds for uncashed distributions.

Under New York Abandoned Property Law, uncashed distributions become abandoned property after 3 years. See New York Abandoned Property Law § 501. New York businesses are not

Court Dismisses Claims Against Insurer For Bad Faith Failure To Settle, And For Consequential And Punitive Damages

Scottsdale issued a policy to Watershed Ventures, LLC, which included Directors and Officers Liability Coverage.  Scottsdale filed a declaratory judgment action seeking a declaration that Patrick McGrath was not covered under the policy for a claim against McGrath. 

Shari Lewis wrote the article, “Explosion of Ransomware Attacks Addressed by DFS,” for USLAW Magazine’s Fall 2021 issue.

First Step

Last Wednesday, the House Ways and Means Committee approved that portion of the 2022 budget legislation with which it was tasked by the Congressional Budget resolution of August 24. The text of the bill prepared by the Committee – almost nine hundred pages long – was passed along party lines, except for one

September.  Synonymous with back to school, the end of summer, and the start of the NFL season.  And while the Cowboys and Bucs kicked off the season this year, another epic battle was brewing out west in the corridors of the Ninth Circuit.

The public policy in most states is to enforce arbitration agreements in

Living the Dream

“How was your weekend?” Thank you for asking. Awful.[i]

“Why?” you ask. (Humor me. Pretend you’re interested.) I’ll tell you.

One word, with 535 syllables: Congress.[ii]

When the reconciliation budget resolutions were passed by the Senate and then the House,[iii] the committees to which reconciliation instructions were given were also directed “to