Recent Publications
March 11, 2021 | |
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:
Read MoreMarch 11, 2021 | |
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
Read MoreMarch 8, 2021 |
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
Read MoreMarch 5, 2021 |
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
Read MoreMarch 4, 2021 |
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
Read MoreMarch 1, 2021 |
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
Read MoreFebruary 26, 2021 | |
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
Read MoreFebruary 25, 2021 | |
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
February 24, 2021 |
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
Read MoreFebruary 23, 2021 | |
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
Read MoreFebruary 23, 2021 |
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
Read MoreFebruary 18, 2021 |
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
Read MoreFebruary 18, 2021 | |
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
Read MoreFebruary 18, 2021 |
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
Read MoreFebruary 17, 2021 |
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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