The U.S. Supreme Court ruled Monday, June 15, 2020, that the ban on sex discrimination in Title VII of the Civil Rights Act of 1964 protects homosexual and transgender workers. In a 6 to 3 decision with Justice Neil M. Gorsuch writing for the majority, the Court interpreted the Civil Rights Act of 1964’s prohibition

As New York continues the process of reopening and individuals, families, and businesses, as well as the courts, adjust to the “new normal” of living in a world still fighting the coronavirus, internet- and technology-related privacy and security issues are at the top of many lawyers’ and corporate executives’ minds.

Certainly privacy and security breach

On June 9, the Beazley Group, a specialty insurer affiliated with Lloyd’s Underwriters, issued a pointed reminder that, as we continue to fight the global pandemic of COVID-19, the cyber pandemic of ransomware continues.

According to Beazley’s Breach Response Services group, ransomware incidents in the first quarter of 2020 increased by 25% compared to Q4

As New York gradually reopens, our “new normal” has created increased demand for personal protective equipment (PPE) and cleaning supplies. In my previous bulletin, I addressed the potential criminal consequences that federal prosecutors could impose as a result of price-gouging or hoarding of scarce and essential materials, including PPE and certain cleaning supplies, due to

On June 5, 2020, the New York State Department of Financial Services (DFS) issued an emergency regulation aimed at assisting insureds who sustained damages from the looting and vandalism that has taken place throughout the state in recent days. The regulation, Amendment Seventeen to 11 NYCRR 216 (Regulation 64), requires New York State-regulated insurance companies

Second Circuit Finds Coverage Where Insurer Unreasonably Delayed In Seeking Rescission and Its Exclusions Did Not Apply

WW Trading was sued and sought coverage from United States Liability Insurance Company (USLI) which sought to rescind its policy on the basis of WW Trading’s alleged misrepresentations in its application. The Second Circuit affirmed the district court’s

Jacqueline Bushwack and David Richman authored an article in Mealey’s Personal Injury Report, “The Invisible Tort: Preparing For The Defense Of COVID-19 Negligence Claims.”

Click here to read the article.

We bring you our May Insurance Update.

We begin with three state high court decisions.

Last month, we discussed the Texas Supreme Court’s reaffirmance of the eight corners rule.  This month, the Texas Supreme Court carves out an exception to that rule.

Presented with a certified question involving the significance of “those sums” language on

You’ve heard the adage: Those who fail to plan, plan to fail. Never is that more true than with estate planning.

When you create an estate plan, you choose exactly who gets your assets, how they get them and in what manner you will pass those assets to your loved ones. An estate plan often

In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD).

By

There is no question that the COVID-19 pandemic has caused a shortage of personal protective equipment (PPE) and certain cleaning supplies. Although it may be tempting for manufacturers, suppliers and others with access to inventory or production of those products to use the supply shortage as a business opportunity, business owners should proceed with caution

Last week, the Supreme Court of the United States issued a decision in Kelly v. United States[1] that limits federal prosecutors’ ability to seek criminal charges for public corruption.

The Kelly case concerns the 2013 “Bridgegate” scandal that resulted in the prosecutions of Bridget Kelly, Deputy Chief of Staff to former New Jersey Governor Chris

False Claims Act, Medical Necessity and Government Regulation of Medicine

In recent years, much attention has been paid to what makes a claim “false” under the False Claims Act (“FCA”) when the underlying misconduct is based on the alleged lack of medical necessity for the services provided.  Bearing on this issue are Court of Appeals

The Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act) is a federal economic relief package for American workers and families. It provides for payments of up to $1,200 to individuals ($2,400 for married couples) with additional payments of up to $500 for each eligible child. Financial eligibility for these payments is based

North Carolina District Court Permits Plan’s Lawsuit Against Third Party Administrator to Continue

A federal district court in North Carolina has ruled that a plan subject to the Employee Retirement Income Security Act of 1974 (“ERISA”) had standing to assert breach-of-fiduciary duty claims under ERISA against a third party health insurance administrator for the plan.