Recent Publications - Appeals
August 8, 2016 | | |
When an employer sponsors an employee for an H-1B or L-1 visa, the employer agrees to comply with on-site compliance reviews. The United States Citizenship and Immigration Services (USCIS), which conducts such on-site compliance reviews through the Fraud Detection and National Security (FDNS) directorate, will often visit an employer unannounced and will not typically reschedule
Read MoreJuly 8, 2016 |
Recent examples of criminal insurance fraud in New York1 and elsewhere across the country2 highlight the continuing nature of the insurance fraud problem, despite significant efforts by local and state prosecutors and insurance companies themselves to combat it.
Increasing sophistication on the part of criminals, and increased resources available to them, is helping to make
Read MoreJuly 7, 2016 | | |
The Office of Special Counsel for Immigration-related Unfair Employment Practices (“OSC”) at the U.S. Department of Justice recently issued Technical Assistance Letter (“TAL”) regarding employer compliance with the anti-discrimination provision of the Immigration and Nationality Act (“INA”). The OSC concluded that an employer does not violate anti-discrimination laws by 1) refusing to hire all applicants
Read MoreJune 2, 2016 | | |
An L-1 visa permits multinational companies to transfer qualifying employees from their foreign office to their United States office or to the office of its parent, branch, subsidiary, or affiliate in the United States. L-1 visas allow multinational companies to facilitate their expansion and to help establish an office in the United States. L-1 visas
Read MoreMay 6, 2016 |
Individuals and businesses engaging in insurance fraud can face significant civil penalties under various state and federal laws, including in appropriate cases under the federal Racketeer Influenced and Corrupt Organizations Act. The financial penalties that can result, however, may not truly be a deterrent for judgment-proof defendants.
Criminal laws—with the possibility of prison time—clearly can
Read MoreMay 2, 2016 | | |
A foreign national with extraordinary ability in the sciences, arts, education, business, or athletics can obtain an O-1 visa to enter the United States and work in their field of expertise. Due to the annual numerical cap set by Congress on the number of workers that can obtain an H-1B visa for workers in specialty
Read MoreApril 5, 2016 |
Sean McAloon, a member of the Appeals Practice Group, was a contributor to Recent Developments in Property Insurance Coverage Litigation, which has been published in the Winter 2016 issue of the American Bar Association Tort Trial & Insurance Practice Law Journal.
Click here to read the Article.
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March 4, 2016 | |
Examinations under oath (EUOs) are an important investigative tool used by insurance carriers to uncover fraudulently filed claims and to commit claimants to their story on the record. EUOs look like depositions but generally do not follow the rules that govern depositions. For example, a witness who refuses to answer questions at a deposition can
Read MoreJanuary 8, 2016 |
The New Jersey Supreme Court has agreed to hear Allstate Ins. Co. v. Northfield Medical Center,1 which has consequences for insurers across the country seeking to deter insurance fraud schemes intended to avoid the prohibition on the corporate practice of medicine. The issue before the court is whether a health-care lawyer (who was not admitted
Read MoreJanuary 1, 2016 | |
Plaintiff’s Failure to Show Employer Knew She Was Working Overtime Without Pay Dooms Her FLSA Claim
The plaintiff in this case was employed as a personal trainer and group fitness instructor at Equinox South Beach, a health and fitness club in Miami Beach, Florida. The plaintiff claimed that Equinox had violated the federal Fair Labor
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