Recent Publications


Heller Published in The Banking Law Journal
May 25, 2021 | Banking

Michael Heller published the article, “Banks May Face New Computer-Security Incident Notification Requirements” in The Banking Law Journal.

Read the full article here.

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“Opaque Income Sources” + “Tax Gap” = More Enforcement + Tax Hikes = Anyone’s Guess
May 24, 2021 | Tax

Tax Gap

In a report released last week, the U.S. Treasury Department explained that the so-called “tax gap” – i.e., the difference between the amount of federal income taxes owed by taxpayers for a taxable year and the amount actually paid for such year – “disproportionately benefits high earners who accrue more of their

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Insurance Update
May 24, 2021 | Insurance Coverage

We bring you our May Insurance Update.

In this month’s update:

  • The Minnesota Supreme Court considers an issue of first impression over the reasonableness of settlement agreements that fail to allocate between covered and uncovered claims
  • The Seventh Circuit decides whether a policy’s TCPA exclusion bars coverage for common law claims arising out of
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Cash in Hand, Tax Deferral, Monetized Installment Sales: No, You Can’t Have It All
May 17, 2021 | Tax

Dream Until the Dream Come True?[i]

Ask the owner of a closely held business to describe their most recently recurring nightmare and you are likely to get an earful regarding the prospect of an increased federal income tax on their profits, an increased federal tax on the long-term capital gain from the sale of their

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“Earth to Earth”: Real Estate, Death and Biden’s Tax Proposals
May 10, 2021 | Tax

Go After Real Estate?

During the 2020 presidential campaign, there was one segment of the “rich” for which then-candidate Biden seemed to have reserved some of his harshest criticism – wealthy real estate investors. Moreover, the Democratic Party’s platform included several proposed changes to the Code[i] the impact of which would probably be felt most

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The President’s Recent Tax Proposals: What Do They Mean for Business Owners?
May 3, 2021 | Tax

A Night to Remember?

Did you listen to the President’s speech last Wednesday? He addressed a joint session of Congress to pitch the Administration’s $1.8 trillion American Families Plan. Due to COVID-related restrictions, there were only about one hundred elected officials present in the House Chamber;[i] other invited guests brought the total in attendance to

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New York Insurance Coverage Law Update
April 29, 2021 | Insurance Coverage

Court Finds That Subcontractor’s Insurer Owed Additional Insured Coverage Under “Caused, In Whole Or In Part, By” Endorsement Because Subcontractor Found More Than 0% Liable

Kenneth Jacobson was injured on a construction site, and he sued the owner of the premises and the general contractor (“GC”).  The owner and GC filed a third-party action for

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Tax Highlights: The American Families Plan
April 28, 2021 | Tax

In advance of the President’s address to Congress this evening, the White House this morning released a summary of Mr. Biden’s proposed changes to the Internal Revenue Code. These changes, together with his previously announced plans to increase the federal corporate income tax, are intended to accomplish three goals: fund the government’s efforts against the

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The Employment Law Reporter
April 27, 2021 | Labor & Employment

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

  • A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York.
  • Another federal court in New York has rejected a plaintiff’s lawsuit for “sexual disparity,” which the court
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Biden’s Proposed Income Tax Increases And the Sale of the Baby Boomer Business
April 26, 2021 | Tax

“Yeah, I’m the Tax Man”[i]

Last week, several media outlets reported that Mr. Biden will soon propose that Congress increase the federal income tax rate applicable to long-term capital gains recognized by individual taxpayers.[ii]

The time and place at which this and other changes to the Code are expected to be proposed is this

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Insurance Update
April 22, 2021 | Insurance Coverage

We bring you our April insurance update.

In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments.

Federal courts determine whether a debt collector is entitled to a defense in a suit over its aggressive recovery tactics and whether a manufacturer is out

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Recreational Cannabis Statutes’ Impact on NY and NJ Employers
April 21, 2021 | Cannabis | Labor & Employment

New York and New Jersey recently legalized recreational marijuana within less than 6 weeks of each other. While both acts prohibit employers from taking action against employees at least 21 years old who use marijuana recreationally and restrict employers from denying these employees’ employment rights and privileges based solely on marijuana use, it begs the

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Circuit Issues New §230 Ruling as Law’s Future Remains Uncertain
April 19, 2021 | Privacy, Data & Cyber Law

For much of the past few years, Section 230 of the Communications Decency Act of 1996 (CDA) has been in the news. Section 230 generally immunizes providers of interactive computer services (such as internet service providers or ISPs, social media companies, and website hosting entities, among others) from liability in connection with third party

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N.Y.’s Real Estate Transfer Tax, the 2022 Budget, and Responsible Person Liability
April 19, 2021 | Tax

Not Just Income Tax

Approximately two weeks ago, Gov. Cuomo and the New York State Legislature agreed upon a budget for the State’s 2021-2022 fiscal year. Although most businesses and their owners have understandably focused their attention on the increased personal and corporate income taxes[i] enacted under the budget legislation, there are several other provisions

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New York Is Getting Out of the Zone, the Qualified Opportunity Zone, That Is
April 12, 2021 | Corporate | Tax

New York’s Governor Cuomo is having a bad 2021. Some may attribute this to his hubris or to karma; others may point to an emboldened, and now veto-proof,[i] progressive State Legislature; many will claim that Mr. Cuomo is paying the price for being out of touch with the electorate. Whatever the reason, his fall from

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