Recent Publications
February 5, 2020 |
Football is a game of statistics and more statistics, as any fantasy football fanatic can tell you. But if you want to predict which team will win, one statistic is particularly telling. In fact, from 2007 to 2016, the team that had the fewest turnovers in a game won 78 percent of the time. On the other
Read MoreFebruary 4, 2020 |
Although caring for a loved one is a privilege, being a caregiver is not easy. Without proper support, care-giving can consume nearly every moment of life.
Often caregivers shoulder the responsibilities alone, and these responsibilities generally increase over time. Caregivers often feel that asking for help means that they are not being a good child
Read MoreFebruary 3, 2020 | |
Frank Raia wrote an article entitled “Play Ball!” for Best’s Review, A.M. Best’s monthly insurance magazine. Frank discusses the challenge that colleges and universities face defending a lawsuit when a student gets injured participating in a school-sanctioned sports activity.
To read the article, click here.
Read MoreFebruary 3, 2020 | |
ERISA Required Payment of Plan Proceeds to Widow, But Prenuptial Agreement Barred Her Retention of Them, Alabama Supreme Court Rules
The Supreme Court of Alabama, affirming a trial court’s decision, has ruled that a plan administrator had properly distributed proceeds from a company’s 401(k) retirement plan and from its pension benefit plan to a deceased
Read MoreJanuary 29, 2020 |
Southern District Of New York Issues Rulings On Missing Policies, Aggregate Limits And Allocation In “Long-Tail” Asbestos DJ
Danaher Corporation asked the United States District Court for the Southern District of New York to decide various insurance coverage issues as to underlying silica and asbestos-related bodily injury claims asserted against Chicago Pneumatic Tool Company, which
Read MoreJanuary 29, 2020 |
Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2019.
New York Insurance Coverage Law Update 2019
Read MoreJanuary 28, 2020 |
January 28 is National Data Privacy Day, and with it comes a perfect opportunity to evaluate your company’s data privacy practices.
American consumers increasingly want the right to control the collection and use of their personal information. Importantly, they also want a means to exercise that right when personal information is wrongfully disclosed. A flurry
Read MoreJanuary 21, 2020 |
Our January Insurance Update is packed with cases.
We begin with state high court decisions addressing: (1) water and weather exclusions; (2) the validity of consent-to-settle provisions; and (3) whether an insurer breaches its duty to its insured by settling for policy limits without obtaining a liability release for the insured.
We then move on
Read MoreJanuary 16, 2020 |
Stuart Gordon and Matthew Spero have authored an article, “Eighth Circuit Rejects Successor Liability For Asset Purchaser At Forclosure Sale,” for the January 2020 issue of Pratt’s Journal of Bankruptcy Law.
Click here to read the article.
Read MoreJanuary 16, 2020 |
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
Read MoreJanuary 8, 2020 | |
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.
Read MoreJanuary 7, 2020 | |
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
Read MoreJanuary 3, 2020 |
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
Read MoreJanuary 3, 2020 |
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
Read MoreJanuary 2, 2020 | |
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”
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