Recent Publications
July 25, 2019 |
Alan Rutkin, Robert Tugander and Greg Klubok authored USLAW article, “Cybercrime and Insurance: The Key Issues.”
Reprinted with permission from USLAW.
Read MoreJuly 22, 2019 |
“Seinfeld” was a great television show, maybe the greatest of all time. I could make the case for “Taxi,” but I digress. One of my favorite Seinfeld episodes is when Jerry makes a reservation for a car rental, only to get to the rental counter and find out that they have his reservation but do
Read MoreJuly 22, 2019 |
Stuart Gordon’s and Matthew Spero’s article entitled “Supreme Court Settles Dispute Over Effect of Trademark License Rejection in Bankruptcy” was published in the July/August 2019 edition of Pratt’s Journal of Bankruptcy Law.
Read MoreJuly 16, 2019 |
In the second and third week of June, the municipalities of Lake City, and Riviera Beach, Fla., agreed to pay a combined total of over $1 million to cyber criminals claiming responsibility for shutting down municipal computer systems necessary to the operation of crucial municipal functions.
The Riviera Beach attack was traced to an email
Read MoreJuly 16, 2019 |
Our July Insurance Update is now available. Strap in, because we’re headed on a cross-country journey.
We start out in New York where the Court of Appeals hands down an important ruling involving no-fault payments to non-physician controlled medical services corporations.
We then cross the bridge into New Jersey where that state’s Supreme Court considers
Read MoreJuly 16, 2019 |
This past week, the Federal Trade Commission (FTC) voted to approve a record-breaking $5 billion settlement with Facebook, resolving its investigation into the charge that the company violated a prior settlement with the Commission when it improperly permitted political data firm Cambridge Analytica to access 87 million users’ personal information.
Cambridge Analytica created personality quiz
Read MoreJuly 10, 2019 |
On July 1, 2019, President Trump signed the Taxpayer First Act into law. The Act represents an important and welcome step toward improving technology and security while providing for an overall improved service experience for taxpayers interacting with the IRS.
The Act contains two parts. The main themes of the first portion of the Act
Read MoreJuly 8, 2019 |
Nearly 15 years ago, in State Farm Mutual Automobile Ins. Co. v. Mallela, 4 N.Y.3d 313 (2005), the New York Court of Appeals ruled that an insurer may withhold payment under New York’s no-fault law for medical services provided by a professional medical corporation based on its “willful and material failure to abide by” the
Read MoreJuly 1, 2019 |
It seems like five minutes ago you were teaching your children to play peek-a-boo, and now you’re sending them off to college. Along with laptops, textbooks and dorm furnishings, there’s one item no student should be without – a healthcare proxy.
Why might college students need this legal document, intended to help loved ones make
Read MoreJune 28, 2019 |
Insurers Need Not Prove Fraud To Deny No-Fault Payments To Healthcare Providers, New York Court Of Appeals Decides
After insurance companies stopped paying no-fault claims submitted by Andrew Carothers, M.D., P.C., a professional service corporation, as assignee, the PC sued the insurers. The insurers asserted that, under State Farm Mut. Auto. Ins. Co. v. Mallela,
Read MoreJune 28, 2019 |
Maybe you feel that the title to this bulletin is “immoral” or “scandalous,” or maybe you don’t. Either way, in light of the U.S. Supreme Court’s recent decision in Iancu v. Brunetti, whether a word or term is “immoral” or “scandalous” is no longer relevant to whether that word or term can receive federal trademark
Read MoreJune 26, 2019 | |
5th Circuit Applies Deferential Abuse-of-Discretion Standard of Review and Upholds Claim Administrator’s Application of Plan’s Weight-Loss Surgery Exclusion
The U.S. Court of Appeals for the Fifth Circuit has upheld the adverse benefit determination of a claim administrator of a health insurance benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) after
Read MoreJune 24, 2019 |
Commentary:
Dustin and Brooks have owned a business together for years. They have no agreement. Dustin wants to retire and work on his golf handicap. Brooks wants to keep working and expand the business. They agree that Brooks will buy Dustin’s interest in the business.
They get together with Rory, the company accountant, and they
Read MoreJune 19, 2019 |
Our June insurance update is now available. Packed with cases, our update touches upon a variety of issues.
We start off with two state high court decisions. One deals with faulty work, the other considers whether a third-party claims administrator must answer to a claim for bad faith.
Sticking with bad faith, a Delaware court
Read MoreJune 17, 2019 |
A plethora of federal laws address the proliferation of technology-enabled automated communications in a variety of areas, including finance, commerce, credit, and health. Although the general objective is to address individual privacy and data security concerns, each law contains distinct goals, technical requirements, and remedies if violated. One issue that continues to evolve is whether
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