As a general rule, parties cannot be forced to arbitrate a dispute unless they signed a clear and binding agreement to arbitrate. However, a recent decision issued by New York County Commercial Division Judge Barry Ostrager reminds litigants that parties, who invoke the benefits of an agreement requiring arbitration, may, in fact, be compelled to

We bring you our July Insurance Update.

Perhaps the biggest news this month comes out of Michigan.

At a Zoom hearing on July 1, a Michigan Circuit Court judge became the first to hand down a decision on whether business interruption losses caused by COVID-19 are covered.  In Gavrilides Mgmt. Co. v. Michigan Ins. Co.,

There have been abundant opportunities for fraud since the beginning of the COVID-19 pandemic. News stories and legal proceedings have highlighted fraud relating to everything from loans under the Paycheck Protection Program (PPP) to mis-labeled and missing personal protective equipment (PPE). Insurers have seen their share of fraudulent or excessive claims as well.

Price Gouging

We live in a different world than a few months ago. The existence of a pandemic in our community has impacted every aspect of our day-to-day life and has brought an unprecedented amount of uncertainty and anxiety as to the shape and tenor of our future experiences.

So, in order to enjoy some degree of

Welcome to the Summer 2020 issue of The Employment Law Reporter. This inaugural issue of this quarterly newsletter first reviews the landmark U.S. Supreme Court opinion in which the Court ruled that an employer that fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. This

Community Medicaid Services will undergo a significant change on October 1, 2020, due to the passage of the New York State Budget Bill (“2020 Bill”). Although many of the changes in the 2020 Bill are subject to federal approval, this bulletin will offer an overview of what might be affected. You can take steps now

Immigration and Customs Enforcement (ICE) announced changes to the student visa program for the fall semester for international students in F-1 or M-1 status. The new policy has three key features:

• Fully online programs: Despite the global COVID-19 pandemic, the U.S. government will not issue visas or permit entry to F-1 and M-1 international

The New York City Department of Buildings (DOB) previously issued a restart guidance for resumption of construction. The guidance can be found at https://www1.nyc.gov/assets/buildings/pdf/restart_enforcement_guidance.pdf.

Pursuant to the guidance, construction projects subject to permits issued by the DOB, or otherwise regulated by the New York City Construction Codes and the New York City Electrical Code, may

Steven Shapiro wrote an article for Vitamin Retailer entitled, “Operating a Health Food Retail Establishment in the Age of Coronavirus.”

The article covers the measures retailers have taken to respond to the pandemic, including selling hand sanitizers and gloves, as well as the dangers of making claims about products purported to cure COVID-19. It also

As is often the case, technology develops faster than the law. In that connection, courts are often called upon to apply legislation from yesteryear to technology which, at the time the legislation was passed, would have been categorized as science fiction. Such was the conundrum faced by the Supreme Court in having to apply the

Welcome to the Summer 2020 issue of Title Reporter: A Legal Update for the Title Insurance Industry. This inaugural issue of this quarterly newsletter covers a wide range of recent decisions by courts across the country involving title insurance.

Here, we explore how courts have calculated loss, addressed the doctrine of subrogation in the context

United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product

99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s condominium complex. 99 Wall withheld certain documents concerning communications between 99 Wall and its consultants in connection with the adjustment of

On June 22, 2020, President Trump issued an executive order that bans certain nonimmigrants from entering the United States (the “Nonimmigrant Ban”) until December 31, 2020. The Nonimmigrant Ban comes on the heels of an April 2020 executive order preventing certain foreign nationals from receiving an immigrant visa (the “Immigrant Ban”). A summary of the

“Intent” is the main theme of our June Insurance Update.

Policyholders will often point to allegations of negligence in attempting to secure coverage for claims involving the policyholder’s intentional conduct.  But it’s the facts, not the labels, that determine coverage.  And we discuss several decisions in our update emphasizing this point.  Whether in the context

Frank Valverde and Patrick O’Mea contributed to an article that appeared in the ABA’s TIPS Law Journal Spring 2020 issue entitled, “Recent Developments in Excess, Surplus Lines, and Reinsurance Laws.”

Click here to read the full article.

©2020. Published in The ABA TIPS Law Journal, Vol. 55, No. 2, Spring 2020, by the American Bar