Recent Publications


Rutkin Publishes A.M. Best Article entitled, “A Direct Answer”
August 2, 2018 | Insurance Coverage

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

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Del Pizzo Co-Edits and Publishes In August 2018 NJ Lawyer Magazine
July 30, 2018 | Privacy, Data & Cyber Law

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

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New York Insurance Coverage Law Update (2nd Ed.)
July 27, 2018 | Insurance Coverage

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

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11 Estate Planning Myths Debunked
July 25, 2018 | Trusts & Estates

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

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Website Accessibility: Lawsuit Avoidance and a Potential New Source of Customers
July 24, 2018 | Privacy, Data & Cyber Law

Nancy Del Pizzo’s article, “Website Accessibility: Lawsuit Avoidance and a Potential New Source of Customers” was published in Nutrition Industry Executive.

Click here to read full article.

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Insurance Update
July 17, 2018 | Insurance Coverage

Our July Insurance Update features three cases discussing the meaning of an “occurrence.” Each case tackles a different issue.

In the first case, the Ohio Court of Appeals decides if the insured’s measures taken to prevent future property damage qualify as damages caused by an “occurrence.”

In the second case, the Northern District of Oklahoma considers

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Linker Authors Article in Mealey’s Litigation Report
July 17, 2018 | Insurance Coverage

Ian Linker was published in Mealey’s Litigation Reports: ERISA and Disability, in a commentary piece entitled, “Reason Prevails – A Fiduciary Is Not Always A Fiduciary: Claim Administrator Not Responsible For Plan Administrator’s Errors.”

Click here to read the article.

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NYC to Require Employers to Grant Temporary Schedule Changes for Personal Events
July 12, 2018 | Labor & Employment

Effective July 18, 2018, New York City employers will be required to allow employees who have been employed for at least 120 days and who work at least 80 hours in New York City in a calendar year to make two (2) temporary schedule changes per year for certain personal events.

Introduction No. 1399-2016 (commonly

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Employee Benefit Plan Review – From the Courts
July 11, 2018 | Insurance Coverage

Although Court Recognizes Claimant Has Burden to Show Exception to Limitation Applies, It Rejects Claim Administrator’s Determination and Awards Claimant Benefits

A federal district court in California has held that a plaintiff was eligible for additional long term disability benefits under a welfare benefit plan governed by the Employee Retirement Income Security Act of 1974

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Chit Happens: Cyberfraud Coverage Decisions Based on Use and Causation
July 10, 2018 | Privacy, Data & Cyber Law | Insurance Coverage

Larry Levy authored an article published in Westlaw Journal Insurance Coverage titled, “Chit Happens: Cyberfraud Coverage Decisions Based on Use and Causation.” The article was also included in Westlaw Journal Computer & Internet.

The article discusses cyber-related fraud, theft, cybercrimes and the new insurance products developed to address them.

Click here to read the full

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New York Insurance Coverage Law Update
July 6, 2018 | Insurance Coverage

Court Holds Additional Insured Not Entitled To Indemnification Without Proof Named Insured Was A Proximate Cause Of Injury

A subcontractor’s employee sued the construction manager for a Manhattan project for injuries the subcontractor’s employee allegedly sustained while working on the project. The construction manager sought a defense and indemnity as an additional insured under the

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Health Insurance Fraud: A Key Focus of State and Federal Prosecutors
July 6, 2018 | Appeals

Health insurance fraud continues to be a problem in New York as well as nationally. Nothing may illustrate this better than two recent reports, one issued by New York’s Department of Financial Services (DFS) and the other issued jointly by the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services

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Gordon, Cannata and Misiti Published in NYIPLA
July 6, 2018 | Intellectual Property

Stu Gordon, Michael Cannata and Frank Misiti’s article, “Dealer’s Choice: First Circuit Allows Licensor to Reject Trademark License in Bankruptcy,” was published in The New York Intellectual Property Law Association’s spring newsletter.

Click here to read the article.

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Strober Published in FC&S Legal
July 5, 2018 | General Liability

Eric Strober’s article, “Insurers and Defendants Take Note: There Has Been a Monumental Change to Negligence Litigation in New York” was published in the Eye of the Experts column in FC&S Legal.

Click here to read the full article.

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Startup Term Sheets: Suggestions for Successful Negotiation
June 29, 2018 | Corporate

Stella Lellos published an article in VC-List entitled, “Startup Term Sheets: Suggestions for Successful Negotiation.” The article highlights the importance of a term sheet, describes some of its important terms and discusses the perspective of the venture capitalist who will lend money to an early-stage company.

Click here to read the article.

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