ERISA Does Not Permit Plaintiffs to Rely on Same Allegations to Seek Both Equitable Relief and Benefits

The Employee Retirement Income Security Act of 1974 (ERISA) permits a plaintiff to seek equitable relief and to seek benefits. But can a plaintiff assert separate claims for equitable relief and benefits based on the same allegations? A

As insurance companies continue to bring more and more civil suits for insurance fraud, defendants are raising a variety of arguments in an effort to delay—and sometimes to significantly delay—the insurers’ actions, or even to avoid judgment altogether. Two interesting new cases—one from the U.S. District Court for the Eastern District of New York, State

Insurers That Defended Building Owner For Years Without Reserving Right To Disclaim Were Estopped From Denying Coverage Just Before Trial, Second Department Decides

In February 2008, a building owner’s insurers agreed to defend and to indemnify the owner in a personal injury action. The insurers learned of a defense to coverage no later than 2009

Steven Shapiro wrote an article published in the September 2018 issue of Vitamin Retailer entitled, “What is the story with CBD dietary supplements? Are they legal for sale in my store?”

Click here to read the article.

On Friday, August 24, 2018, the New York State Division of Human Rights and the New York Department of Labor issued their proposed model anti-sexual harassment policy and model anti-sexual harassment training program. Every New York State employer must promptly adopt and distribute an anti-sexual harassment policy to all employees. Every New York State Employer must also

Ian Linker was published in DRI’s The ERISA Report, “When Payment of Plan Benefits Make Beneficiaries Whole They Get What They Get and They Can’t Get Upset.”

Click here to read the article.

New York-based financial services firms are running headlong into a deadline impacting their cybersecurity procedures. Failure to comply with the third phase of New York’s Cybersecurity Regulation by the September 4 deadline means these companies could face stiff penalties or the revocation of their licenses to operate in New York.

New York’s Cybersecurity Regulation, the

It described the paradigm of the Internet business model. In the recent opinion Cooper v. Slice Technologies, No. 17-CV-7102 (JPO) (S.D.N.Y. June 6, 2018), by Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York, addressing data mining and Internet privacy, the court recognized “…the Faustian bargain that undergirds

After a term of transition for the New York Court of Appeals—with Associate Judge Eugene F. Pigott, Jr., retiring at the end of 2016, Associate Judge Rowan D. Wilson joining in February 2017, Associate Judge Sheila Abdus-Salaam’s death in April 2017, and Associate Judge Paul G. Feinman joining at the end of June 2017—the 2017-2018 term

The Centers for Medicare and Medicaid Services (CMS) recently issued a proposed rule that revises the Medicare Physician Fee Schedule and other Medicare payment policies for telehealth services.

Over the past decade, stakeholders in the health care industry have voiced their support for telehealth services, explaining how modern communication technology can promote care coordination, ensure

Insurance law involving cybercrimes continues to evolve.  The lead case in our August Insurance Update involves a fraudulent email scheme, where the policyholder was tricked into wiring money to an imposter. The issue was whether the loss was caused directly by computer fraud. In reversing the district court, the Sixth Circuit found that the loss was direct and

Alan Rutkin’s article entitled, “A Direct Answer,” has been published in the August 2018 issue of Best’s Review magazine. The article speaks about the U.S. Circuit Court of Appeals siding with insurers in looking to “plain language” to define causation language in a cyber coverage case.

Click here to read the article.

Best’s Review:  August

In addition to sharing the co-special editor role for the August 2018 issue of New Jersey Lawyer magazine, which focuses on “Diversity,” Nancy Del Pizzo also received publication credit for her article directed to New Jersey lawyers, “Navigating the Internet for the Visually Disabled.” New Jersey Lawyer magazine is a publication of the New Jersey

Insured’s Misrepresentation About His “Earned Annual Income” Dooms Widow’s Bid For Life Insurance Benefits 

The insured’s application for a $150,000 term life insurance policy indicated that his “earned annual income” was $50,000.  The insured died within the two-year contestable period, and his widow claimed the policy proceeds.  The insurer determined that the insured reported $0

Misconceptions about wills, trusts and estate planning in general abound. Here, we help you separate fact from fiction.

1.      Estate planning is only for the wealthy.

Besides preserving and protecting assets, estate planning preserves dignity. It allows you to make decisions about your physical and mental healthcare while you are able to do so, before