For as long as companies have used internet applications, private and publicly owned businesses, law firms and other professional services organizations, and even public entities have faced potentially devastating financial harm and loss of public good will from “business email compromise” (BEC) fraud.

A recent report by the Internet Crime Complaint Center (IC3) of the

The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between the ADA and the country’s growing opioid crisis.

The new guidance addresses three groups of employees: (1) individuals legally using opioids; (2) individuals who are

It is relatively easy for investors to make investments in cannabis companies. Given the risks, however, they would be well-advised to have an exit plan in the event their investment does not live up to their expectations.

An investor decided to make an investment in a Colorado company that was seeking to create

Peter McNamara’s article, “Reinsurance and BI Claims” has been published in the August 2020 issue of Best’s Review magazine. The article discusses how reinsurers need to evaluate their obligations, especially if legislation is passed expanding their exposure.

Click here to read the article.

Best’s Review:  August 2020. Copyrighted A.M. Best Company, Inc. 2020.  All Rights

Brian Bank published the article, “Cross-Border E-discovery in the Privacy Era,” in the Summer 2020 issue of USLAW Magazine.

Click here to read the article.

New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence”

Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential co-operative units. After Rice and its subcontractors completed the renovation work, the Tamers complained of a draft so Rice returned and installed

David Richman and Jacqueline Bushwack published the article, “The Invisible Tort: Preparing For The Defense Of COVID-19 Negligence Claims” in Mealey’s Elder Law Report. It was previously published in Mealey’s Personal Injury Report.

The article discusses how lawsuits are likely to be brought up against businesses if someone thinks he or she contracted COVID-19 there.

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