Recent Publications


If You Sell Marijuana in Any Form, Uncle Sam Wants His Cut
March 11, 2021 | Cannabis | Tax

More and more states across the country are legalizing the sale of marijuana products for medical and/or recreational purposes, but marijuana remains effectively prohibited under federal law as a Schedule I controlled substance within the meaning of the federal Controlled Substances Act of 1970.

There is, however, one important and practical exception to that prohibition:

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CBD Health Claims Raise FTC’s Hackles (and Prompt Class Action Suits)
March 11, 2021 | Cannabis | Compliance, Investigations & White Collar

Near the end of 2020, in mid-December, the Federal Trade Commission (FTC) launched what it referred to as “Operation CBDeceit,” a law enforcement sweep challenging allegedly unproven representations that CBD products could treat diseases and serious medical conditions such as cancer, diabetes, Alzheimer’s disease and more.           

At the same time, the FTC announced proposed settlements

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Appellate Division Affirms Summary Judgment Dismissal of Legal Malpractice Claim
March 8, 2021 | Professional Liability

The Appellate Division, First Department recently affirmed a trial court’s decision granting summary judgment in favor of the defendant law firm, holding that the plaintiff could not prove the proximate cause element of its legal malpractice claim.

In VPC Projects, LLC v. Golenbock Eiseman Assor Bell & Peskoe, LLP, 2021 NY Slip Op 01225 (1st

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New 2021 Minimum Wages, Minimum Salaries and Enforcement Initiatives
March 5, 2021 | Labor & Employment

The Biden Administration’s efforts to increase the current federal minimum wage from $7.25 an hour to $15 an hour have been delayed, but in New York, New Jersey, Connecticut, Pennsylvania and other states and municipalities, most employers in 2021 are already subject to new minimum hourly wage rates and minimum salaries for exempt employees well

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False Claims Act Cases Poised to Jump Now and for Years to Come
March 4, 2021 | Insurance Fraud

The report detailing new filings and recoveries under the False Claims Act (FCA) during the 2020 fiscal year that was just released by the U.S. Department of Justice (DOJ) suggests, at first glance, a diminished role for one of the federal government’s strongest anti-fraud tools. Delving more deeply into the details, however, demonstrates the continuing

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Administrative Order 270/20 Brings Change to the Uniform Rules
March 1, 2021 | Commercial Litigation

Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules for the Supreme and County Courts (“Uniform Rules”).  Attorneys desiring the efficiencies of the Commercial Division, now established in 24 counties across New York

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In NY, CBD Manufacturers and Distributors Now Must Be Licensed
February 26, 2021 | Cannabis | Compliance, Investigations & White Collar

Governor Andrew Cuomo announced that the New York State Department of Health is now accepting applications from businesses seeking licensure to operate as cannabinoid hemp processors, retailers, or distributors. Cannabinoid hemp includes many CBD products currently available for purchase, including tinctures, vaporizations, oils, topicals, pills, capsules and food and beverages.

Pursuant to Article 33-B of

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What You Need to Know about Biden’s Travel Ban Revocation
February 25, 2021 | Immigration | Labor & Employment

Yesterday, the Biden administration revoked parts of the Trump-era executive orders that had prevented certain foreign nationals from entering the United States due to the coronavirus outbreak.

Here’s what you need to know:

What’s Changed

  • U.S. consulates can issue an immigrant visa (i.e. a “green card”) to foreign nationals seeking to enter the United
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Art Does Not Imitate Life: NY’s Person-Centered Guardianship
February 24, 2021 | Trusts & Estates

The new Netflix movie, “I Care a Lot,” is truly terrifying. Like many thrillers, this movie begins with a relatable premise and a relatable fear. In this case, it is the fear of dependence and exploitation.

The film builds on those fears until our very worst nightmares are playing out before our eyes.

Unbeknownst to

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A Divided Bench Revealed in Top Court’s Commercial Cases
February 23, 2021 | Commercial Litigation | Appeals

When discussing the U.S. Supreme Court, commentators spend considerable time reviewing the decisions of the Court to create “lineups” of conservative versus liberal Justices and to speculate which Justices, or group of Justices, are the deciding or so-called “swing” votes. In cases raising constitutional issues involving prominent social issues, legal philosophies can be observed that

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New York Insurance Coverage Law Update
February 23, 2021 | Insurance Coverage

Federal District Court Finds That Virus Exclusion Precludes Coverage For COVID-19-Related Losses

A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in response to the COVID-19 pandemic. The law firm claimed that the

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DFS Warning of Widespread Data Breach
February 18, 2021 | Privacy, Data & Cyber Law

Sometimes a comprehensive overview is needed to recognize that individual anomalous conduct is indicative of a criminal scheme.

Recently, the Department of Financial Services (DFS) looked at an unusual pattern of interaction with multiple insurance websites and concluded that cybercriminals were exploiting data obtained from those website interactions to commit benefit fraud. Website operators of

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DFS Provides Framework for Cybersecurity Risk
February 18, 2021 | Insurance Coverage | Privacy, Data & Cyber Law

On February 4, 2021, New York’s Department of Financial Services (DFS) issued Insurance Circular Letter No. 2, which builds on the robust cybersecurity regulation provided in its 2017 Cybersecurity Regulation (23 NYCRR 500). The Letter discusses the current state of the cyber insurance industry and provides a seven-part Cyber Insurance Risk Framework which may assist

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Want to Know a Secret? A Will Is not a Wish List
February 18, 2021 | Trusts & Estates

Multiple news outlets have reported that a secret Will of the late broadcast legend, Larry King, has been found. According to the reports, this secret Will is handwritten and states:

10/17/19

This is my Last Will and Testament. It should replace all previous writings in the event of my death, any

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Insurance Update
February 17, 2021 | Insurance Coverage

Our February insurance update discusses several issues involving first-party and third-party insurance claims.

  • The Florida Supreme Court answers a certified question about the type of damages available to first-party litigants in breach of insurance contract cases.
  • The Tenth Circuit considers the breadth of an earth movement exclusion and whether damage caused by a rolling
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