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

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

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

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

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

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

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

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

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.

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

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

New York Insurance Coverage Law Update 2020

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

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,

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

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