Due to a recent Supreme Court decision, internet sellers may now be required to collect and remit sales taxes in states in which they have no physical presence.

In the landmark case of South Dakota v. Wayfair, Inc., decided on June 21, the Court overturned its prior decisions that had provided that an out-of-state seller

On June 11, 2018, the United States Supreme Court held, in a 8-1 decision, that applying Minnesota’s revocation-upon-divorce statute to a life insurance policy issued prior to the enactment of the statute does not violate the Contracts Clause of the Constitution. The Contracts Clause provides that “[n]o state shall . . . pass any Law

Fifth Circuit Affirms Decision Denying Attorney’s Fees to Insurer in ERISA Action

A party in a case under the Employee Retirement Income Security Act of 1974 (ERISA) may be eligible to recover its attorney’s fees under 29 U.S.C. § 1132(g)(1) if it achieved “some degree of success on the merits.” District courts have broad discretion

Determining the appropriate standard of judicial review is the threshold issue a court decides when reviewing an adverse benefit determination under the Employee Retirement Income Security Act of 1974 (ERISA). If the court applies the arbitrary and capricious standard of review, it gives deference to the administrator’s determination. By contrast, if it reviews the determination

In late May, District Judge Naomi Reice Buchwald of the Southern District of New York issued her decision in Knight First Amendment Institute at Columbia University v. Trump, No. 17 Civ. 5205 (NRB) (S.D.N.Y. May 23, 2018), granting summary judgment to the plaintiffs and holding that President Donald Trump and Daniel Scavino, the White House

Crime, in one form or another, is the theme underlying many of the decisions discussed in our June Insurance Update.

We begin with cybercrime.  The 11th Circuit weighs in on the recurring debate over when a loss results “directly” from the use of a computer.

We then move to the Fourth Circuit, which decides if

The Department of Health issued guidance in May 2018, about a law, which took effect on April 1, 2018, that places a two-year moratorium on the processing and approval of applications for Licensed Home Care Services Agencies (LHCSAs). The moratorium applies to applications that have not yet been submitted as well as to those that

The utilization of telehealth services has increased significantly over the last decade. The advent of new technologies and the development of far reaching and readily available wireless and cellular networks have made instantaneous communication with medical professionals possible. Considering the demand for healthcare in remote locations, the growth of the geriatric population, and the need

Recently, New York State and New York City passed new legislation designed to stop sexual harassment in the workplace. Governor Andrew Cuomo signed the New York State legislation into law on April 12 and New York City Mayor Bill de Blasio signed the New York City legislation into law on May 9.

These new laws,

Stuart Gordon’s and Matthew Spero’s article entitled, “U.S. Supreme Court Clarifies Scope of Securities Safe Harbor,” was published in the June 2018 edition of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Court Finds That Professional Services Exclusion Barred Additional Insured Coverage To Property Owner And Contractor

After a worker was fatally injured at a construction site, the owner of the property and a contractor hired by the owner to construct a hotel at the site brought an action seeking additional insured coverage under an insurance policy

The insurance industry is becoming the next frontier for cybersecurity regulations. On May 8, 2018, South Carolina became the first state to adopt the National Association of Insurance Commissioners’ (NAIC’s) regulations specific to insurers and brokers, and the Rhode Island Legislature is currently considering a similar bill.

The NAIC, the leading national regulatory support organization, in

On May 21, 2018, the United States Supreme Court, in the case of Epic Sys. Corp. v Lewis, held in a 5-4 decision that employers can require – as a condition of employment – that employees waive their rights to participate in class action lawsuits.  Resolving a split among the various circuit courts, employers can

Marc Ullman published an article in Natural Products Insider entitled, “‘Made in the USA’ Claims: Handle With Care.” The article focuses on how the Federal Trade Commission has increased its enforcement of its “Made in the USA” standards, which states “all or virtually all” of a product must be made/produced in the United States.

Click

Shari Lewis authored an article for the Long Island Press on the trending topic of the General Data Protection Regulation (GDPR), a data privacy rule going into effect on May 25, 2018.

In the article Shari explains the regulation, which U.S. businesses might be affected by it and what business owners can do reduce the