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.

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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

After hearing oral argument earlier this month in Haar v. Nationwide Mutual Fire Ins. Co., 32 N.Y.3d 1211 (2019), the New York Court of Appeals is set to decide an important issue of insurance law and statutory interpretation that has divided the Appellate Division Departments.

In Elkoulily v. New York State Catholic Heathplan, 153 A.D.3d

Eighth Circuit Affirms Dismissal of Complaint by Participant in Defined-Contribution Retirement Savings Plan

 The U.S. Court of Appeals for the Eighth Circuit, applying the reasoning in a 2014 decision by the U.S. Supreme Court, has upheld dismissal of a complaint brought by a participant in a defined-contribution retirement savings plan governed by the Employee Retirement

Two truisms: 1) smart people do stupid things; and 2) if something seems to be too good to be true, then it is probably not real. The first truism occurs when people forget the second truism.

A persuasive salesperson, or a snappy marketing campaign, catches your attention. It sounds like something you have always wanted

Our October Insurance Update is now available.

We discuss a case with an unfortunate, but familiar story.  A group of masked bandits, who notoriously carry out their misdeeds at night, ransacked a home looking for whatever valuables they could find.  Based on the trail of destruction left behind by these intruders, however, the homeowner could

While the U.S. government remains unable to enact comprehensive privacy legislation in response to new technologies and growing privacy concerns, numerous states across the country, including New York, have adopted privacy laws and regulations seeking to address specific issues or that are applicable to specified entities. Some of these new rules affect a broad swath