On January 13, 2020, the United States District Court, Northern District of Georgia issued final approval of a settlement of a consumer class action against Equifax for the 2017 data breach that compromised the personal information of 147 million consumers. The settlement includes the establishment of a reimbursement fund of $380.5 million, as well as

Hon. Cecelia G. Morris, Chief Judge of United States Bankruptcy Court for the Southern District of New York, put down a momentous decision on January 7, 2020, granting summary judgment in favor of a debtor in an adversary proceeding seeking to have $221,385.49 in student loan debt declared dischargeable in bankruptcy. See, Rosenberg v. N.Y.

The “devil is in the details.”

How many times has that truism been proven true? Like when your high school child tells you that he and his friends are off to Mexico for spring break. Or when a travel agent lets you in on the deal of a lifetime for an all-inclusive cruise to a

It has been over a decade since the U.S. Departments of Justice and Health and Human Services (HHS) jointly created the federal government’s first Medicare Fraud Strike Force (MFSF) in South Florida. Their goal was to reduce and prevent Medicare and Medicaid fraud through enhanced interagency cooperation. Since then, the program has grown to 15

A new law, which took effect on January 1, 2020, will change the tax treatment of retirement savings.

The SECURE Act was signed by the President on December 20, 2019, and became Public Law No: 116-94[1].

The revised sections of the tax code make significant changes to the laws governing retirement savings. Many of the

In Absence of “Qualifying Event,” Employer Did Not Have to Send COBRA Notice to Employee, Sixth Circuit Concludes

The U.S. Court of Appeals for the Sixth Circuit, reversing a district court’s decision, has ruled that, in the absence of a change to the terms and conditions of the employee’s health insurance coverage, no “qualifying event”

Readers of our monthly insurance newsletter may be familiar with the Sanders case. That’s the case that addresses the proper trigger for a malicious prosecution action. Since a wrongful conviction can lead to steep damages, which policy is on the hook for those damages can be an important issue for insurers. Earlier in the year,

In 2019, businesses learned that they could no longer hide from the inherent tension between commercial use of individual data and individual privacy interests. Over the past month or so, the Federal Trade Commission (FTC) took a number of notable privacy-related actions against a host of companies regarding what it considered to be their problematic

Matthew Spero and Jeannine Farino authored, “Bankruptcy Update, United States Supreme Court,” for the December 2019 issue of the Nassau Lawyer.

Click here to read the article.

A number of courts recently have considered issues relating to individuals’ privacy, the First Amendment, and the public’s right to know. Here, Jay D. Kenigsberg reviews and examines several notable decisions involving these subjects.

Montana Supreme Court Reverses Order to Release College Student’s Educational Records

The Supreme Court of Montana[1] has reversed a trial court’s

Paul Majkowski authored, “Is an East Coast Version of Prop 65 in Our Future,” for the November 2019 issue of IADC – Toxic and Hazardous Substance Litigation Newsletter.

Click here to read.

Going home for the holidays means different things to different people. If your plans involve older relatives, the holidays can provide insights that can help avoid disaster. It can be hard to know when and how to raise delicate age-related issues with your parents. How do you tell the person who taught you everything that

Kate Heptig wrote an article for VC-List.com about the advantages of stock options for attracting and retaining talent.

Click here to read the article.

Eleventh Circuit Affirms Denial of Plaintiff’s Request for Attorneys’ Fees

The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court’s decision denying a plaintiff’s motion for attorneys’ fees under the fee-shifting provision of the Employee Retirement Income Security Act of 1974 (ERISA).

THE CASE

The plaintiff, who suffered from anorexia, was

Our November Insurance Update is here.

We report on two cases featured in past updates that have now made their way up to state supreme courts.

In Vanderbilt, the Connecticut Supreme Court upholds an intermediate appellate court’s broad application of the “occupational disease” exclusion.  The court ruled that the exclusion is not limited only to