Recent Publications


New York Insurance Coverage Law Update
December 21, 2018 | Insurance Coverage

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

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New Guidance Helps Determine GDPR’s Application to New York Businesses
December 18, 2018 | Privacy, Data & Cyber Law

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

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Spero and Farino Publish Article in Nassau Lawyer
December 18, 2018 | Bankruptcy

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.

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Del Pizzo Writes in ‘The Computer & Internet Lawyer’
December 17, 2018 | Privacy, Data & Cyber Law

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

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Insurance Update
December 13, 2018 | Insurance Coverage

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

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Shapiro Publishes Article in Nutrition Industry Executive
December 12, 2018 | Compliance, Investigations & White Collar | Health Services

Steven Shapiro published an article in Nutrition Industry Executive, “What is Slack-fill & Why You Need to Know.”

Click here to read the article.

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UPDATE: OMIG Issues Changes to December 2018 Certification
December 7, 2018 | Compliance, Investigations & White Collar | Health Services

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)

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Suffolk Prohibits Employers from Asking Applicants about Prior Compensation
December 6, 2018 | Labor & Employment

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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USCIS Clarifies 1-Year Foreign Employment Requirement for L-1 Visas
December 4, 2018 | Corporate | Labor & Employment | Immigration

The United States Citizenship and Immigration Services (USCIS) has issued a policy memorandum clarifying the one-year foreign employment requirement for an L-1 visa for intracompany transferees. Previously, USCIS inconsistently applied this requirement when a foreign national was in the United States in one status but sought to change to L-1 status.

An L-1 visa permits

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New York Insurance Law Update
November 30, 2018 | Insurance Coverage

No Additional Insured Coverage For School District Under Named Insured’s Policy Where Named Insured Did Not Cause Its Employee’s Injury, 4th Department Rules

An employee of a company that contracted to provide janitorial services to a school district was allegedly injured when she slipped on snow or ice in the school parking lot. The injured

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Deadline Approaches to Certify Compliance Programs
November 20, 2018 | Compliance, Investigations & White Collar | Health Services

The December 31 deadline for certain Medicaid providers and third-party billers to certify as to the effectiveness of their compliance program is fast approaching.

New York State Medicaid providers and third-party billing companies who claim, bill, order or receive at least $500,000 in any consecutive 12-month period from the Medicaid Program or Managed Medicaid payors

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Insurance Update
November 16, 2018 | Insurance Coverage

It was a bountiful month in terms of insurance decisions.  And as a result, our November Insurance Update is like a “Thanksgiving Day feast.” With a healthy serving of decisions from state high courts, intermediate appellate courts, and federal circuit courts, our update touches upon first-party issues, third-party issues, and a case insurance brokers will

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Shapiro Published Article in Natural Products Insider
November 13, 2018 | Health Services

Steven Shapiro authored an article “Making and Using Endorsements” that was published in Natural Products Insider. The article discusses the need for brands working with celebrity or influencer endorsements to share all pertinent information with its consumers.

Click here to read the article.

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Employee Benefit Plan Review – From the Courts
November 6, 2018 | Insurance Coverage

Federal Court Remands Case to State Court Because ERISA Did Not Preempt Claims Against Health Insurer for Revealing Plaintiff’s HIV Status

A federal district court in California held that the Employee Retirement Income Security Act of 1974 (ERISA) did not preempt a plaintiff’s claims under California law against his managed health care company for revealing

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Gordon and Spero Publish Article in Pratt’s Journal of Bankruptcy Law
November 5, 2018 | Bankruptcy

Stuart Gordon’s and Matthew Spero’s article entitled “Creditors Typically May Not Offset Section 303(i) Judgments Against Claims Against Debtors” was published in the November 2018 edition of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

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