Due to the COVID-19 pandemic and resulting economic shutdown, we have counseled our clients about how they can protect their rights as creditors once the economy begins to ramp up again. We have also advised them on how to make sure that they do not end up in their own perilous financial situation.

Indeed, you

On May 4, 2020, the United States Supreme Court heard its first ever telephonic oral argument in its history. The case, styled United States Patent and Trademark Office v. Booking.com, B.V., addressed the issue of whether the addition of “.com” to an otherwise generic term can create a protectable trademark. Erica Ross, an Assistant to

Michael Cannata and Frank Misiti’s article, “Proposed COVID-19 Bills Targeting Insurers: Do They Pass Constitutional Muster?” was published in the May 2020 CLM Magazine.

The CLM, a member of The Institutes, is dedicated to meeting the professional development needs of the claims and litigation management industries. Founded in 2007, the CLM membership benefits from our

District Court Rejects Insurer’s Attempt To Rely On Extrinsic Evidence To Deny Defense To Additional Insureds

The City University of New York (“CUNY”) hired Genesys Engineering, PC to perform construction work at the Herbert H. Lehman College in the Bronx.  In turn, Genesys hired A.K.S. International Inc. to perform certain work at the project, including

Colleges and universities across the country have closed in response to the COVID-19 crisis. Some have announced that they will provide pro-rated refunds for certain expenses.

If your college-age child received a refund for tuition or other education payments made through a 529 College Savings Plan (“529 Plan”), you will need to pay special attention

Our April 2020 Insurance Update can be found here.

We begin with a recap of some of the COVID-19 business interruption claims filed against insurers. For more on COVID-19, please be sure to visit our Coronavirus Resource Center. Here are some of the insurance articles you will find there.

Proposed COVID-19 Bills Targeting Insurers: Do They Pass

In 1969, noted economist Milton Friedman coined the term “helicopter money” to describe the monetary policy of injecting liquidity into the market, much like dropping money to people from helicopters, as an alternative to quantitative easing. The CARES Act, popularly referred to as the Provider Relief Fund is a “helicopter” that dropped a lot of

Marc Ullman published an article in Nutrition Industry Executive entitled, “The ABH Nature’s Products Recall – Lessons for Own Label Distributors.”

Click here to read the article.

The New York State Department of Health has issued a General Information System (GIS) message clarifying the impact of COVID-19 related payments on Medicaid eligibility determinations.

The GIS  confirms that pursuant to sections 2104 and 2201 of the  Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020  certain pandemic-related payments will not impact Medicaid

For many Trustees, the current economic environment is probably the most challenging they have ever faced. As the coronavirus epidemic sweeps across the country and throughout much of the world, the stock markets have experienced unprecedented volatility not seen since the Crash of 1929.1 Treacherous. Unpredictable. Hysterical. These are just some of the words that

Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken

After a teaser on Twitter and a verbal preview during a press conference, President Trump has signed an executive order preventing certain foreign nationals from receiving an immigrant visa for the next 60 days. The purpose of the order is protecting United States workers from competition from foreign workers. In reality, however, the order will

U.S. Supreme Court Interprets “Actual Knowledge” Test for Suits Against ERISA Fiduciaries

The U.S. Supreme Court, in a unanimous decision, has ruled that a plaintiff in a lawsuit alleging a fiduciary breach under the Employee Retirement Income Security Act of 1974 (“ERISA”) did not have “actual knowledge” of the information contained in disclosures that the

The IRS on April 20, 2020, issued a special alert for non-filing Social Security or Railroad Retirement Benefit Recipients with qualifying children under 17 (“non-filers”).

In order to receive the additional $500 payment per eligible child added to the $1,200 Economic Impact Payment, non-filers must register on the IRS’ Non-Filer tool site by 12 p.m.

Two recent decisions of the Department of Health and Human Services Office for Civil Rights (OCR) illustrate that age and disability status cannot be used as blanket criteria for denying access to health care services, even during a pandemic. This should serve as a warning to healthcare providers about the risks in making triage decisions