Recent Publications
July 20, 2021 |
The New York Department of Labor finally issued Model Safety Plans and Standards for airborne infectious diseases. All employers, regardless of size and with a worksite in New York, must adopt a safety plan by August 5, 2021, and must post, distribute and include the plan in their handbooks to all employees and new hires
Read MoreJuly 19, 2021 |
Appellate courts have been busy the last few weeks deciding a wide swath of insurance issues.
The Eighth Circuit became the first federal appellate court to weigh in on pandemic-related business interruption claims.
The Wisconsin Supreme Court discusses obligations owed to “innocent insureds,” while a California appellate court addresses the liability of a life insurer
Read MoreJuly 19, 2021 |
Movement Toward Tax Increases
You may have read last week that Democrats on the Senate Budget Committee announced they had reached a deal on a budget resolution that will enable them to bypass Senate Republicans on the way to enacting most of the “social infrastructure” programs called for under the President’s American Families Plan.[i] Significantly,
Read MoreJuly 16, 2021 |
Businesses have been champing at the bit for a chance to collaborate more with college athletes for years. Until recently, however, those collaborations were not possible because college athletes were prohibited from profiting off their name and likeness and entering into sponsorship deals under the rules of the National Collegiate Athletic Association (NCAA).
Over the
Read MoreJuly 13, 2021 |
President Biden’s proposed changes to the Internal Revenue Code, known as the American Families Plan, was unveiled at the end of April 2021. These changes are intended to accomplish three goals: (1) fund the government’s efforts against the pandemic, (2) support new social programs, (3) enable tax cuts for lower-income families. The measures aim to
Read MoreJuly 12, 2021 |
Head-Scratchers
The Code is chock-full of provisions that will challenge the intellectual capacity, not to mention the patience, of most tax professionals. The complexity of these rules does not arise out of some sadistic intent on the part of Congress, the Treasury, or the IRS to torment taxpayers and their advisers;[i] rather, it is often
Read MoreJuly 12, 2021 | |
Alan Rutkin authored the Best’s Review article, “Cyber Threats: Get Ready and Get Tough.”
In the article, Rutkin discusses the steady increase of cyber incidents and how insurers should prepare for future attacks.
“Cybercrimes, along with the related coverage issues, are among the biggest challenges now facing insurers,” Rutkin says.
Read the full article.Read MoreJuly 9, 2021 |
On July 8, 2021, the New York City Department of Buildings issued Building Bulletin 2021-009 rescinding DOB’s Phase 1 Reopening Guidance and Building Bulletins 2020-006, 2020-010, 2020-015 and 2021-008. A copy of the BB 2021-009 may be found at the following link: https://www1.nyc.gov/assets/buildings/bldgs_bulletins/bb_2021-009.pdf.
Each of these Building Bulletins and the Reopening Guidance dealt with procedures
Read MoreJuly 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.
- AI
- Appeals
- Banking
- Bankruptcy
- Cannabis
- Commercial Litigation
- Complex Torts & Product Liability
- Compliance, Investigations & White Collar
- Construction
- Corporate
- Dental Practice Counseling
- Directors & Officers Liability
- Elder Law
- Environmental
- General Liability
- Health Services
- Immigration
- Insurance Coverage
- Insurance Fraud and Recovery
- Intellectual Property
- Labor & Employment
- Medical Malpractice Defense
- Privacy, Data & Cyber Law
- Professional Liability
- Real Estate, Zoning & Land Use
- Tax
- Trusts & Estates