Recent Publications - Appeals
February 12, 2019 |
Commentary:
Those who bet the spread in football games know that the being the home team is worth three or so points. Teams fight all year to have home field advantage in the playoffs.
In lawsuits, being the home team also matters. If you are going to be sued, or if you intend to bring
Read MoreJanuary 30, 2019 | |
On January 31, the Department of Homeland Security (DHS) will publish a final rule changing the H-1B lottery system. The final rule implements the proposed two changes discussed earlier here.
According to the DHS announcement, “The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular
Read MoreJanuary 4, 2019 |
The most recent report by the U.S. Department of Justice (DOJ) on its recoveries under the federal False Claims Act (FCA) (see “Fraud Statistics—Overview, October 1, 1986 – September 30, 2018”) made it quite clear that the federal government continues to seek to combat fraud by health care providers against federal health care programs such
Read MoreJanuary 3, 2019 | |
The public comment period for the Department of Homeland Security’s (DHS) proposed changes to the H-1B lottery system has now closed. U.S. companies filing H-1B visa petitions must typically enter a lottery because the law caps the number of H-1B visas that DHS can issue each year.
The proposed rule would make two important changes
Read MoreDecember 4, 2018 | | |
The United States Citizenship and Immigration Services (USCIS) has issued a policy memorandum clarifying the one-year foreign employment requirement for an L-1 visa for intracompany transferees. Previously, USCIS inconsistently applied this requirement when a foreign national was in the United States in one status but sought to change to L-1 status.
An L-1 visa permits
Read MoreNovember 2, 2018 |
There are many different kinds of insurance fraud, as this column regularly observes. There can be fraud contained in applications for insurance policies, fraudulently staged accidents, and fraudulent claims by health care providers treating injured policyholders, among other things.
Insurance policies try to eliminate, or at least to cut down on, insurance fraud in a
Read MoreSeptember 6, 2018 |
As insurance companies continue to bring more and more civil suits for insurance fraud, defendants are raising a variety of arguments in an effort to delay—and sometimes to significantly delay—the insurers’ actions, or even to avoid judgment altogether. Two interesting new cases—one from the U.S. District Court for the Eastern District of New York, State
Read MoreAugust 20, 2018 |
After a term of transition for the New York Court of Appeals—with Associate Judge Eugene F. Pigott, Jr., retiring at the end of 2016, Associate Judge Rowan D. Wilson joining in February 2017, Associate Judge Sheila Abdus-Salaam’s death in April 2017, and Associate Judge Paul G. Feinman joining at the end of June 2017—the 2017-2018 term
Read MoreJuly 6, 2018 |
Health insurance fraud continues to be a problem in New York as well as nationally. Nothing may illustrate this better than two recent reports, one issued by New York’s Department of Financial Services (DFS) and the other issued jointly by the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services
Read MoreMay 4, 2018 |
Four years ago, the New York Court of Appeals issued its decision in Voss v. Netherlands Ins. Co., 22 N.Y.3d 728 (2014), which some thought might lead to more and more insurance brokers being sued by policyholders alleging that brokers had not obtained sufficient insurance or appropriate policies for them.
Several recent cases—including by the U.S.
Read More- AI
- Appeals
- Banking
- Bankruptcy
- Cannabis
- Commercial Litigation
- Complex Torts & Product Liability
- Compliance, Investigations & White Collar
- Construction
- Corporate
- Dental Practice Counseling
- Directors & Officers Liability
- Employment & Labor
- Environmental
- General Liability
- Health Services
- Immigration
- Insurance Coverage
- Insurance Fraud
- Intellectual Property
- Medical Malpractice Defense
- Privacy, Data & Cyber Law
- Professional Liability
- Real Estate, Zoning & Land Use
- Tax
- Trusts & Estates