Recent Publications


Novikoff’s Summer 2023 Employment Law Reporter Published in Employee Relations Law Journal
October 26, 2023 | Employment & Labor

Kenneth A. Novikoff’s Summer issue of the Employment Law Reporter was published in the Employee Relations Law Journal Summer 2023.

This column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition discrimination agreements. All of the decisions analyzed in this column are by New York courts – federal and

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The Title Reporter: A Legal Update for the Title Insurance Industry
October 26, 2023 | Insurance Coverage | Real Estate, Zoning & Land Use

Here is what we cover in this issue of Title Insurance Update Autumn 2023

  • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the growing problem of deed thefts.
  • A trial court in New York has granted summary judgment to a
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New York Insurance Coverage Law Update
October 26, 2023 | Insurance Coverage

Court Finds No Coverage For Stolen Jewelry Based On Conveyance Clause And Unattended Auto Exclusion

 The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry.  The insured’s complaint alleged that after attending a marketing event

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Insurance Update
October 23, 2023 | Insurance Coverage

Here’s what we discuss in our October Insurance Update.

Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”

Massachusetts (federal): Insurer May Consider Sums Uninsured Party Would Have Paid Under Joint Defense Agreement When Assessing Costs Reasonably Related to Insured’s Defense

Delaware: Professional Services Exclusion Does Not Apply to False

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Can Government Officials Block the Public on Social Media?
October 16, 2023 | Privacy, Data & Cyber Law

The U.S. Supreme Court has granted certiorari in two cases involving government officials who blocked individuals from their social media accounts.

One of the cases, Garnier v. O’Connor-Ratcliff, 41 F.4th 1158 (9th Cir. 2022), cert. granted, O’Connor-Ratcliff v. Garnier, No. 22-324 (Apr. 24, 2023), was decided by the U.S. Court of Appeals for the Ninth Circuit.

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New York and Connecticut Prohibit Geofencing near Health Care Facilities
October 13, 2023 | Health Services | Privacy, Data & Cyber Law

New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing laws, enacted partly in response to the Supreme Court Dobbs decision (to prevent advertisers from targeting people receiving reproductive services),

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The Corporate Transparency Act: Will it Impact You?
October 4, 2023 | Corporate

Please see here for a more recent article reflecting the November 2023 updates to the Corporate Transparency Act.

The Corporate Transparency Act (CTA) will affect most small, privately held businesses starting January 1, 2024. Does the CTA apply to you?

What is the CTA?
The CTA, a law enacted by Congress, will require certain

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The Employment Law Reporter: Autumn 2023
September 28, 2023 | Employment & Labor

Here is what we cover in this issue of Employment Law Reporter Autumn 2023:

  • The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York dismissing a plaintiff’s employment discrimination and defamation claims arising from her termination.
  • The U.S. District
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Estate Planning After Death: 20/20 Hindsight
September 28, 2023 | Trusts & Estates

Did you know that actions can be taken after you die (i.e., post-mortem) to achieve the best results possible for your testamentary plan? Some estate plans are intentionally structured to give your beneficiaries and your executor/trustee the ability to make educated post-mortem planning decisions after your death.

For instance, bequests can be altered through post-mortem

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Furshpan Co-Authors Recent Developments in Employment and Labor Law
September 27, 2023 | Employment & Labor

Daniel Furshpan co-authored the article “Recent Developments in Employment and Labor Law,” published in the Tort Trial & Insurance Practice Law Journal, a publication of the American Bar Association.

Click here to read the full article.

©2023. Published in Tort Trial & Insurance Practice Law Journal, Vol. 58, No. 2, Summer 2023, by the American Bar Association.

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New York Insurance Coverage Law Update
September 27, 2023 | Insurance Coverage

Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions

Two employees of Extreme Residential Corp. were involved in a construction accident on July 30, 2019, and they sued several entities involved in the project who, in turn, filed a third-party action against Extreme. Extreme’s insurer,

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Insurance Update
September 26, 2023 | Insurance Coverage

We touch upon several topics in our September Insurance Update.

We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the courts address whether an insurer can maintain a late notice defense when it was aware of the suit

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Outsize Role Bankruptcy Courts Play in Mass Tort Litigation
September 19, 2023 | Bankruptcy

This article addresses the “Texas Two-Step” litigation strategy when it comes to bankruptcy and discusses whether this strategy of utilizing the Chapter 11 process to handle mass tort litigation claims is fair, effective and will survive the scrutiny of the courts.

Mass-tort bankruptcy cases have been capturing headlines recently. Everyday household names have sought bankruptcy

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Does New York R-E-S-P-E-C-T Handwritten Wills?
September 18, 2023 | Trusts & Estates

Aretha Franklin, the Queen of Soul, died in Michigan in 2018, leaving not one but two handwritten wills. The 2010 will was found in a locked cabinet, signed on every page and notarized, while the 2014 will, which the courts would usually view as superseding the first and which was written in a spiral notebook

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Technology is Changing How Lawyers Serve Insurers
September 13, 2023 | Insurance Coverage | AI

Like it or not, technological changes are on the horizon for the legal profession. This article highlights how lawyers will need to consider the ways in which technology tools can improve the way they serve insurers—while also being aware of the risks.

Thanks to the COVID-19 pandemic, technology has changed how lawyers serve insurers. The

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