Recent Publications
January 16, 2019 |
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.
Read MoreJanuary 16, 2019 |
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
Read MoreJanuary 14, 2019 |
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.
Read MoreJanuary 10, 2019 |
Sixth Circuit Again Rules That CBA Did Not Provide for Lifetime Retiree Healthcare Benefits
The U.S. Court of Appeals for the Sixth Circuit has issued another decision concluding that a collective bargaining agreement did not provide for lifetime healthcare benefits for union retirees.
The Case
Every three to four years since 1973, General Electric Company
Read MoreJanuary 9, 2019 |
We hope you had an enjoyable holiday and that your new year is off to a good start.
Here’s a quick look at the cases discussed in our January Insurance Update.
- Nevada Supreme Court Says Insurer That Has Not Acted in Bad Faith May Still Be Liable for Any Consequential Damages Caused By the
January 4, 2019 |
The most recent report by the U.S. Department of Justice (DOJ) on its recoveries under the federal False Claims Act (FCA) (see “Fraud Statistics—Overview, October 1, 1986 – September 30, 2018”) made it quite clear that the federal government continues to seek to combat fraud by health care providers against federal health care programs such
Read MoreJanuary 3, 2019 | |
The public comment period for the Department of Homeland Security’s (DHS) proposed changes to the H-1B lottery system has now closed. U.S. companies filing H-1B visa petitions must typically enter a lottery because the law caps the number of H-1B visas that DHS can issue each year.
The proposed rule would make two important changes
Read MoreDecember 21, 2018 |
Assignee Of Winning Bid At Foreclosure Sale Not Entitled To Insurance Proceeds For Water Damage To The Property
A bank that was the highest bidder at a foreclosure sale assigned its bid to Wilmington Savings Fund Society, and Wilmington received a referee’s deed for the property. After a water pipe burst in the dwelling located
Read MoreDecember 18, 2018 |
The European Union’s General Data Protection Regulation (the GDPR) took effect just about a half-year ago, but many small and mid-sized companies in New York, and elsewhere across the country, still may not understand whether the GDPR applies to them and, therefore, whether they must comply with its requirements. Fortunately, it now may be somewhat
Read MoreDecember 18, 2018 |
Matthew V. Spero and Jeannine M. Farino published, “Bankruptcy Update, United States Supreme Court,” in the December 2018 issue of Nassau Lawyer.
Click here to read the article.
Reprinted with permission by the Nassau County Bar Association.
Read MoreDecember 17, 2018 |
Nancy Del Pizzo published an article in The Computer & Internet Lawyer entitled “Are Your Clients’ Web Sites Accessible?” It discusses how businesses’ online presence may leave company owners open to litigation due to a lack of accessibility by the disabled.
It relates how the Americans with Disabilities Act prohibits discrimination at “places of public accommodation,” and
Read MoreDecember 13, 2018 |
Our December Insurance Update touches upon a few familiar insurance issues, and some new ones.
We begin with a pair of cases addressing the number of occurrences, or in these cases, the number of accidents. The two cases involve similar facts – multiple collisions on a highway. Both courts applied the “cause” theory. In one
Read MoreDecember 12, 2018 | |
Steven Shapiro published an article in Nutrition Industry Executive, “What is Slack-fill & Why You Need to Know.”
Click here to read the article.
Read MoreDecember 7, 2018 | |
OMIG has issued updates to its certification process for applicable Medicaid and Managed Medicaid providers, which may have a significant impact on providers who are required to certify by December 31, 2018.
OMIG has expanded its certification to adopt five separate categories listed on the updated Social Services Law Certification Form: (i) Annual Certification, (ii)
Read MoreDecember 6, 2018 |
Suffolk County will now join New York City, Albany County and Westchester County, in prohibiting employers from inquiring into the salary and benefits history of job applicants. The intent of the new law is to reduce pay inequality for women and minorities. Effective June 30, 2019, an employer, employment agency, employee or agent in Suffolk
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