Recent Publications


10 Steps to Protect Your Loved Ones From Elder Fraud Abuse
April 21, 2020 | Trusts & Estates

We have an elder fraud epidemic in this country. By one estimate, one in 10 people in the United States over the age of 65 falls victim to financial fraud every year. Telephone scams, caretaker abuse and contractor fraud are just three of the most common forms of this exploitation. As baby boomers grow older,

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DOJ Charges California Physician with COVID-19 Fraud
April 20, 2020 | Health Services

On April 16, the United States Attorney’s Office for the Southern District of California charged Dr. Jennings Ryan Staley, a licensed physician and the operator of Skinny Beach Med Spa in San Diego, with mail fraud in connection with his offer to sell “COVID-19 treatment packs” to patients and the general public. Emails sent by

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The EEOC Issues Guidance on COVID-19 Related Workplace Laws
April 17, 2020 | Labor & Employment

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on workplace laws during the COVID-19 outbreak. The guidance, updated on April 17, 2020, assists employers with navigating pandemic-related issues. In a question-and-answer format, the EEOC clarifies topics such as the confidentiality of medical information, inquiries about employee symptoms and providing reasonable accommodations.

The

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Recent Commercial Division Decision Highlights That Sometimes Less Is More
April 16, 2020 | Commercial Litigation

A recent decision by New York County Commercial Division Justice, the Hon. Barry Ostrager, gave litigants a reminder of the preference that New York courts have for reasonable non-solicitation and confidentiality clauses that do not include covenants not to compete.

In King v. Marsh & McLennan Agency, LLC, 2020 NY Slip Op 50370(U) (Sup. Ct.

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Law360: Tenn. Hospital Bankruptcy May Be the First of Many
April 16, 2020 | Bankruptcy | Health Services

Jim Lagios, Bob Iseman and Stu Gordon wrote an article for Law360 regarding the impact of coronavirus on the financial well-being of hospitals and health systems. To read the article, click on the link below.

Tenn. Hospital Bankruptcy May Be The First Of Many

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Proposed COVID-19 Bills Targeting Insurers: Do They Pass Constitutional Muster?
April 15, 2020 | Insurance Coverage

“While emergency does not create power, emergency may furnish the occasion for the exercise of power.”

~ U.S. Supreme Court Chief Justice Charles E. Hughes (1934)

COVID-19 has transformed the health and economy of our nation. Expectedly, the legislative response to this national emergency, at both the state and federal levels,

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Alert Offers Guidance against Coronavirus-Related Cyber Crimes
April 14, 2020 | Privacy, Data & Cyber Law

It seems that, even in the worst of times, cyber criminals will find a way to exploit the situation to their advantage.

The United States Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) and the United Kingdom’s National Cyber Security Centre (NSCS) have jointly issued Alert (AA20-099A) entitled. “COVID-19 Exploited by Bad Actors.” 

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Updated ESD Guidance Says Attorneys May Be Considered Essential
April 14, 2020 | Professional Liability

Several weeks into the coronavirus pandemic, New York businesses remain subject to the provisions of Executive Order No. 202.8, which required all employers to reduce their in-person workforces at any work locations by 100% starting on March 22. An exception to this restriction applies to “Any essential business or entity providing essential services or functions,”

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Coronavirus and Statutes of Limitations in New York: A Lingering Effect?
April 14, 2020 | Commercial Litigation

We’ve all heard the COVID-19 pandemic described as “unprecedented.” Governor Cuomo’s Executive Order 202.8 and its treatment of time limitations (including statutes of limitations), may also be unprecedented.

Executive Order 202.8 was issued on March 20, 2020. It states that “any specific time limit for the commencement, filing, or service of any legal action, notice,

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NY Court of Appeals Issues New Decision Regarding Judiciary Law § 487 Claims
April 13, 2020 | Professional Liability

The New York State Court of Appeals recently issued an important opinion on a question that often arises in legal malpractice cases: What consequences befall attorneys who encourage their client to bring a case that they know is meritless? In Bill Birds, Inc. et al. v. Stein Law Firm, P.C., 2020 N.Y. Slip Op. 02125

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Diversity and Inclusion Matter, Even During a Pandemic
April 13, 2020 | Labor & Employment

As we all face these challenging times, it is  more important than ever to remain committed and focused on diversity and inclusion. Many employees, especially those who are underrepresented, may feel increasingly overlooked.

Rivkin Radler remains committed to our Development, Diversity and Inclusion initiative, and as a reminder of the importance of connectivity during these unusual days, the following are some helpful tips:

  1. Be cognizant of who you are assigning
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Updated ESD Guidance on Essential Business and Construction
April 13, 2020 | Construction

On April 9, 2020, the New York State Empire State Development (ESD) updated its “Guidance for Determining Whether a Business Enterprise is Subject to Workforce Reduction Under Recent Executive Orders” (the “Guidance”).

In the updated Guidance, ESD adds two new essential business categories, provides additional details regarding which activities constitute “essential construction,” expands the list

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Nonprofits Eligible for CARES Act Assistance
April 9, 2020 | Banking

Although small businesses have been the focus of coronavirus-related financial assistance, nonprofits have been similarly struggling. They, too, must cover payroll expenses, rent and financing obligations. Rightly, the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law by President Trump on March 27, 2020, also applies to them.

The following describes the benefits

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Estate Planning Documents May Now Be Witnessed and Notarized Remotely
April 8, 2020 | Trusts & Estates

New York now permits remote witnessing of certain documents and expands standby guardian designations.

Executive Order 202.14, dated April 7, 2020, amends several New York laws regulating the witnessing of documents to permit them to be witnessed remotely. On March 19, 2020 Executive Order 202.7 authorized the use of remote notary services.

Taken together, these

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FTC and FCC Take Joint Action to Stop COVID-19 Scam Robocalls
April 8, 2020 | Compliance, Investigations & White Collar

On April 3, 2020 the Federal Trade Commission (FTC) and the Federal Communication Commission (FCC) announced that they had issued Warning Letters to VoIP providers: SIPJoin, Connexum and VoIP Terminator d/b/a BLMarketing. According to the letters, investigations have revealed that the companies transmitted calls offering fraudulent COVID-19 home testing kits or claiming that HVAC cleaning

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