Recent Publications


Conservatorships and Guardianships: They’re not Just for Pop Icons
February 12, 2021 | Trusts & Estates

Britney Spears has been making headlines lately, unfortunately not for her music but for her conservatorship.  In 2008 Ms. Spears’ father was appointed conservator for her personal and financial decisions.  In 2019 a professional fiduciary was appointed to take over Mr. Spears role as co-conservator while Mr. Spears dealt with reported health issues.

According to

Read More
Share this article:
‘Unauthorized Access’ Can Be Key in Computer Fraud Cases
February 11, 2021 | Privacy, Data & Cyber Law

As businesses in New York and elsewhere begin to enter a second year of partially or fully closed offices and of dealing with a workforce operating remotely, an issue that was top-of-mind for much of 2020 – computer security – should remain a key concern in 2021 and should not be overlooked or ignored.

In

Read More
Share this article:
What Employers Need to Know about the Upcoming H-1B Lottery
February 9, 2021 | Immigration | Labor & Employment

It is time for employers to prepare for the first H-1B lottery under the Biden administration. The following outlines what employers need to know, what changes to expect, and what will remain the same.

  • United States Citizenship and Immigration Services (USCIS) will conduct the lottery in its traditional form, with beneficiaries holding a master’s
Read More
Share this article:
The Employment Law Reporter
February 4, 2021 | Labor & Employment

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

  • The U.S. Court of Appeals for the Second Circuit has affirmed the dismissal of an employment discrimination lawsuit.
  • A mediation agreement that resolved a plaintiff’s employment discrimination claims was enforceable, according to a federal district court in New York.
  • A university
Read More
Share this article:
The Biden Administration’s Expected Criminal Enforcement Stance on Marijuana
February 1, 2021 | Cannabis | Compliance, Investigations & White Collar

As a candidate running for the office he now holds, President Biden advocated decriminalizing the use of marijuana, automatically expunging all prior marijuana use convictions, legalizing marijuana for medical purposes and rescheduling marijuana from Schedule I to Schedule II in order to permit scientific research into its effects, while leaving decisions regarding legalization of marijuana for

Read More
Share this article:
Rutkin Predicts 4 New Liability Issues for 2021
February 1, 2021 | Insurance Coverage | Privacy, Data & Cyber Law

Alan Rutkin’s article, “2021 Liability Forecast: COVID, Cyber, Opioids, Sex Abuse,” appeared in the February 2021 issue of Best’s Review.  Alan notes that these liability issues will, in turn, create insurance coverage issues.

To read the article, click here.

 

 

Read More
Share this article:
New York Insurance Coverage Law Update
January 29, 2021 | Insurance Coverage

Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19

Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that Admiral breached its obligation to provide coverage under its all-risk commercial property policy for losses resulting from governmental orders to close

Read More
Share this article:
New York Insurance Coverage Law Update — Compilation 2020
January 29, 2021 | Insurance Coverage

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2020.

New York Insurance Coverage Law Update 2020

Read More
Share this article:
New Year Brings New Privacy Proposals Affecting New York Businesses
January 27, 2021 | Privacy, Data & Cyber Law

At the start of the 2021-2022 legislative session, the New York state legislature proposed a raft of new regulations related to data privacy which may create challenges for entities doing business in the state. We expect that some or all will pass in some form, as many believe that current laws do not adequately protect

Read More
Share this article:
Federal Courts Issue Orders Modifying Procedures for Highly Sensitive Documents
January 27, 2021 | Professional Liability | Privacy, Data & Cyber Law

Cyber security breaches have been widespread recently, prompting business and government agencies alike to implement new rules, regulations and protocols to protect confidential personal information. Most recently, the federal Judiciary announced new protocols for filing court documents containing “highly sensitive material.” These new protocols come in the wake of the SolarWinds data breach, which compromised,

Read More
Share this article:
New York State Appears Poised to Legalize Recreational Marijuana
January 26, 2021 | Cannabis

On January 6, 2021, Governor Cuomo announced his latest proposal for the legalization of recreational marijuana in New York. The proposal, outlined generally, consists of:

  1. The legalization of the recreational use of marijuana by any individual of the age of 21 or older in the State of New York;
  2. The creation of a new
Read More
Share this article:
Insurance Update
January 25, 2021 | Insurance Coverage

Courts ended 2020 with a flurry of insurance decisions.  Our January 2021 Update highlights some of these decisions, including several by state supreme courts.

We begin with a new twist on pandemic-related claims.  Within two days of each other, federal district court judges found, on the one hand, that Covid-19 business interruption losses were not

Read More
Share this article:
Insurance Law Appellate Case Analysis Reveals Important Trends
January 19, 2021 | Insurance Coverage

Rivkin Radler Managing Partner Evan Krinick recently published an article in various Mealey’s publications that analyzes the decisions and results of 25 years’ worth of insurance cases in the New York Court of Appeals. Here are some of the highlights:

  1. of the 187 insurance law cases decided by the Court, 161 were carrier v
Read More
Share this article:
The Title Reporter – Winter 2021
January 8, 2021 | Insurance Coverage | Real Estate, Zoning & Land Use

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

  • The Supreme Court of Texas has ruled that a special warranty deed conveying real property limited the grantor’s liability for allegedly breaching the implied covenant of “seisin” – that is, the covenant that the
Read More
Share this article:
DOL Finalizes Regulations Regarding Worker Classifications
January 7, 2021 | Labor & Employment

On January 6, 2021, the Department of Labor (DOL) issued a new framework to determine whether workers are employees or independent contractors for the purposes of the Fair Labor Standards Act (FLSA). The distinction between these classifications is significant, as it impacts whether the employer must pay minimum wage or keep records pertaining to the

Read More
Share this article:
Previous PageNext Page