Recent Publications


DHS Proposes Termination of H-4 Work Authorization
February 28, 2019 | Immigration | Labor & Employment

On February 20, 2019, The Department of Homeland Security (DHS) sent the Office of Management and Budget a proposed rule that would eliminate the work authorization for those present on an H-4 visa. The proposed termination of work authorization has the potential to drastically affect the companies that employ H-4 workers.

Proactive employers can avoid a disruption

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Embryo Destruction Lawsuits Open New Legal Frontier
February 20, 2019 | Health Services

As of January 2019, following a months-long break in the cases due to judicial transition, at least 70 lawsuits arising from the accidental destruction of human embryos and eggs were pending in Ohio state courts. The cases highlight the complex questions surrounding the legal status of embryos and, by consequence, theories of liability for the

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Employee Benefit Plan Review – From The Courts
February 19, 2019 | Insurance Coverage | Labor & Employment

11th Circuit Holds ERISA Plan’s Anti-Assignment Provision Bars Third-Party Doctor’s Claim for Reimbursement for Services 

The Employee Retirement Income Security Act of 1974 (ERISA) provides that plan participants and plan beneficiaries may bring a private civil action to recover benefits due under the terms of a plan, to enforce rights under a plan, or to

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How New York Authorities Are Regulating the Internet
February 15, 2019 | Privacy, Data & Cyber Law

The image of the Internet as an unregulated Wild West, untouched by government action, is one that some find attractive. But it is not accurate, as illustrated by a number of important actions taken in recent weeks by the New York State Attorney General’s office, including one it took in conjunction with representatives of dozens

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Home Court Advantage Makes a Difference For Clients
February 12, 2019 | Appeals

Commentary:

Those who bet the spread in football games know that the being the home team is worth three or so points. Teams fight all year to have home field advantage in the playoffs.

In lawsuits, being the home team also matters. If you are going to be sued, or if you intend to bring

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Insurance Update
February 11, 2019 | Insurance Coverage

State high courts have been busy deciding insurance coverage questions.  Our February Insurance Update addresses seven rulings handed down over the past month.

  • The Idaho Supreme Court considers whether a Facebook post triggers the prior publication exclusion in a trademark infringement claim.
  • The Iowa Supreme Court tackles the case of efficient proximate cause and
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Rutkin Publishes A.M. Best Article entitled, “Money? Or Not?”
February 6, 2019 | Insurance Coverage

Alan Rutkin’s article entitled “Money? Or Not?” has been published in the February 2019 issue of Best’s Review magazine. The article speaks about questions that may arise in several financial sections, including insurance, with the use of bitcoin and other forms of cryptocurrency.

Click here to read the article.

Best’s Review:  February 2019. Copyrighted A.M.

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New York Insurance Coverage Law Update — Compilation 2018
January 31, 2019 | Insurance Coverage

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2018.

New York Insurance Coverage Update — Compilation 2018

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New York Insurance Coverage Law Update
January 31, 2019 | Insurance Coverage

Second Circuit Finds Duty To Defend Alleged Advertising Injury Claim

Buyer’s Direct Inc. asserted that a slipper manufactured by High Point Design, LLC, infringed on Buyer’s Direct’s design patent. High Point sought a declaratory judgment that its slipper did not infringe, and Buyer’s Direct counterclaimed for patent and trade dress infringement. High Point sought defense

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Trump Administration Implements Major Changes to H-1B Lottery System
January 30, 2019 | Immigration | Labor & Employment

On January 31, the Department of Homeland Security (DHS) will publish a final rule changing the H-1B lottery system. The final rule implements the proposed two changes discussed earlier here.

According to the DHS announcement, “The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular

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Proceed with Caution on Autonomous Vehicles
January 22, 2019 | Labor & Employment | Commercial Litigation | Privacy, Data & Cyber Law

Waymo – the self-driving technology subsidiary of Google parent Alphabet Inc., – launched a self-driving taxi service in Phoenix at the end of 2018. As companies continue to speed into the autonomous vehicles space, the birth of this industry is raising unprecedented issues. Policy-makers, insurers, automobile manufacturers, employers, and others are encouraged to begin considering

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Employee Benefit Plan Review – From The Courts
January 22, 2019 | Insurance Coverage

U.S. District Court in Illinois Holds Two Benefit Plans Exempt from ERISA Under ERISA’s Church Plan Exemption, and Upholds Exemption’s Constitutionality

The Employee Retirement Income Security Act of 1974 (ERISA) exempts “church plans” from its requirements. A federal court in Illinois recently considered whether certain plans sponsored by a non-profit corporation associated with an Order

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Government Shutdown Creates New Cybersecurity Risks
January 16, 2019 | Privacy, Data & Cyber Law

The partial government shutdown, now the longest in U.S. history stretching into its fourth week, presents new risks to cybersecurity, both short term and long term. These effects will be felt not only within government operations, but also in the private sector, which relies upon and works with the government to protect against cyber threats.

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Data Security and Privacy in the New Year
January 16, 2019 | Privacy, Data & Cyber Law

January is the traditional time to take stock of the year that passed and plan for the year ahead. The same is true of data security and privacy practices.

In 2018, cyber regulation dominated the news. The trend is likely to continue in 2019 as existing and new cyber regulations will impact an ever-expanding array

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Heller Published in Pratt’s Banking Law Journal
January 14, 2019 | Banking

Michael Heller’s article, “New York’s Mortgage Tax Rules Burden Banks and Borrowers. But There’s a Solution” was published in Pratt’s Banking Law Journal.

Click here to read the article.

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