Paul Majkowski wrote an article published in the American Bar Association Mass Torts Litigation Practice Points section, “PFAS Class Seeks Court Ordered “Independent Panel of Scientists.”

Click here to read the article.

On October 17, 2018, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion No. 483 addressing lawyers’ and law firms’ professional responsibilities during and after a cyber event. A link to the Opinion can be found here. Although advisory in nature and not binding in a court of law, lawyers would do

Our October Insurance Update is packed with interesting cases.

We begin with a pair of cases addressing whether the insured’s liability was because of property damage. One case deals with future lost profits, the other concerns the failure to award a college degree.

In our next pair of cases, the homeowner’s insurer properly denied coverage. Did the

It has been nearly 20 years since the federal Anticybersquatting Consumer Protection Act (the ACPA) was enacted in 1999 to battle what an alarmed Congress understood to be a rising wave of “cybersquatting.” As the Senate Judiciary Committee explained, the ACPA was designed to “protect consumers and American businesses, to promote the growth of online

While there may be a no-return policy on the stairway to heaven, no such policy exists with respect to returning a blockbuster jury verdict that dismissed a copyright infringement lawsuit against Led Zeppelin. To be sure, the U.S. Court of Appeals for the Ninth Circuit recently held that a new day will dawn by ordering

A recent U.S. Department of Health and Human Services, Office for Civil Rights (OCR) settlement illustrates why health care facilities must carefully consider potential privacy risks and take precautionary steps before allowing a camera crew to film on their premises.

OCR settled with three Massachusetts hospitals for a total amount of $999,000 for violations of

The United States recently agreed to a $260 million settlement of criminal charges and related civil claims under the False Claims Act arising from a scheme to defraud conducted by Naples, Florida-based hospital chain Health Management Associates, LLC (HMA). The Department of Justice (DOJ) announced the settlement on September 25.

The settlement is evidence of

ERISA Preempts Ex-Pro Hockey Player’s State Law Claims

A federal district court in Texas has ruled that the Employee Retirement Income Security Act of 1974 (ERISA) preempts state law claims brought by a former professional hockey player under an ERISA plan, funded by an insurance policy issued to the National Hockey League (the NHL).

The

As we previously reported in June 2018 (see https://www.rivkinradler.com/publications/new-sexual-harassment-legislation-applies-to-almost-all-ny-employers/), New York State lawmakers passed aggressive new legislation designed to stop sexual harassment in the workplace.  The changes included requiring employers to implement sexual harassment prevention policies and training.

In August 2018, New York State drafted a model sexual harassment policy and training requirements.  After the

On September 28, 2018, Facebook disclosed that it was hacked, exposing the accounts of 50 million users. Despite the staggering amount of information affected by this breach, many individuals have been dismissive of the risk. They wrongly assume that because their use of social media is limited to posts of family events and vacations, cute

Two of the Trump administration’s new immigration policies go into effect today. Beginning today, October 1, 2018, foreign national students who had been working under a regulation known as the “cap-gap” are no long authorized to work. The announcement can be found here.

The “cap-gap” period starts when an F‑1 student’s status and work authorization

Court Rules That Series Of Dishonest Acts Allegedly Committed By Insured’s Employee Constituted One “Occurrence” Under Policy Language

The insured company alleged that, between 2012 through 2017, a bookkeeper stole about $500,000 by making unauthorized purchases with company credit cards, making unauthorized withdrawals from the company’s line of credit, and taking company inventory for personal

On September 21, 2018, the White House issued a new guiding directive on cybersecurity entitled: “National Cyber Strategy of the United States of America.” It is touted as the nation’s “first fully articulated cyber strategy in 15 years.”

True to its title, the National Cyber Strategy substantially addresses the geopolitical status of the United States

Healthcare providers must not only be knowledgeable in their respective specialties, they must also understand and comply with the multitude of regulations that not only directly affect their practice of medicine, but also their payment for the services rendered. After all, “those who deal with the government are expected to know the law, and cannot

In a recent advisory opinion, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) concluded that a proposed donation of telehealth equipment to a referral source presented a low risk of fraud and abuse under the federal Anti-Kickback Statute. The conclusion was premised on several factors, one of which included OIG’s