Recent Publications
September 11, 2023 |
In 1992, New York became the first state in the nation to enact a decanting statute, namely, New York Estates, Powers and Trusts Law (EPTL) 10-6.6. The statute subsequently was modified several times. The 2011 amendment was notable because it greatly liberalized the statute’s application. Today, New York’s decanting statute is a tool frequently used
Read MoreSeptember 6, 2023 | | |
In our previous article, we detailed the role and importance of the letter of intent (LOI) in establishing a framework for selling a dental practice. Now we will discuss the next step in the transaction – performing due diligence.
Due diligence is the process through which each party evaluates the other party(ies) to determine whether
Read MoreAugust 31, 2023 |
The U.S. District Court for the Southern District of New York has denied defense motions to dismiss federal healthcare fraud conspiracy charges predicated on allegations that the defendants falsely represented to no-fault automobile insurance carriers that five medical professional corporations were owned, operated, and controlled by physicians in accordance with New York law.
The decision
Read MoreAugust 30, 2023 |
Western District Holds That Employee Exclusion Does Not Preclude Coverage To Additional Insureds For Claim By Named Insured’s Employee
Employees of a subcontractor were injured on a construction project, and they sued the owner and the general contractor. The subcontractor’s excess insurer, Mt. Hawley Insurance Co., disclaimed additional insured coverage to the owner and general
Read MoreAugust 24, 2023 |
Daniel E. Furshpan and Ibtidanoor Rahman authored the US LAW Magazine article, “AI Adoption Poses Privacy Legal Pitfalls.”
With Artificial Intelligence (AI) performing tasks with human-like intelligence, many companies find themselves wondering how this new technology will impact their industry. From a legal perspective, there are new concerns about “data privacy and security along with questions
Read MoreAugust 22, 2023 |
We bring you our August Insurance Update.
Mental state, in some form, is the common theme running through our first three cases this month.
The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary duties to shareholders, were entitled to a defense under the company’s CGL policy.
Read MoreAugust 21, 2023 |
During this past term, the Court of Appeals decided a number of important insurance law questions and cases involving insurance carriers that established precedents for insurers and for other parties. The opinions of the Court in the four cases discussed here were written by different judges. Moreover, three were unanimous and reversed the rulings below.
Read MoreAugust 15, 2023 |
Long Island is especially beautiful in late summer and early autumn. The sizzling summer heat has started to fade, the leaves on the area’s stately trees are green, and the warm water temperatures continue to attract beachgoers. It also is a time when the New York area typically experiences peak hurricane season. Hurricanes and other
Read MoreAugust 14, 2023 | |
In April 2021, the Administration for Children’s Services (ACS) filed a petition in Brooklyn Family Court alleging that an uncle who was legally responsible for his nephew had neglected the child by providing inadequate supervision and guardianship and by neglecting his education. Among other things, ACS offered the court voice recordings that it claimed supported
Read MoreAugust 2, 2023 | |
Steven Shapiro and Marc Ullman wrote the article, “What Dietary Supplement Companies Can Do to Address Potential Counterfeiting of Their Products,” for the August 2023 issue of Nutrition Industry Executive.
The article explains how counterfeit products are going mainstream by moving to legitimate websites. It details how two dietary supplement companies determined that a fraudsters were
Read MoreAugust 2, 2023 | |
In its August 2023 issue, Vitamin Retailer published Marc Ullman’s article, “Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore.”
The article explains how counterfeiters have entered the dietary supplements market and how their products have been able to proliferate. It also offers some advice on how consumers and retailers alike can protect themselves
Read MoreJuly 27, 2023 |
Southern District Holds That Contractor’s Carrier Has Duty To Defend ConEd Even Though Contractor’s Work Ended Months Before The Accident
A pedestrian tripped and fell on a Bronx sidewalk, and she sued the owner of the adjacent property. In turn, the owner brought a third-party action against ConEd, the utility company that had opened
Read MoreJuly 27, 2023 | | |
In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways in which sellers can find potential buyers and work with advisors and brokers to evaluate the best fit. In this
Read MoreJuly 19, 2023 |
Companies facing multidistrict litigation mass tort exposure have been utilizing a new technique to protect themselves and their related entities from mass tort claims.
Known as the Texas Two-Step, this creative use of the U.S. Bankruptcy Code gives related entities the benefit of the automatic stay without those companies having to file for Chapter 11
Read MoreJuly 18, 2023 |
We bring you our July Insurance Update.
We begin with two cases about late notice. First, the Kentucky Supreme Court considers whether the notice-prejudice rule applies to claims-made-and-reported policies. Second, the Ninth Circuit provides an example of when prejudice can be determined as a matter of law.
The Wisconsin Supreme Court addresses the contours of
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