Recent Publications


NY Puts Moratorium on Applications for Licensed Home Care Services Agencies
June 14, 2018 | Health Services

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

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Telehealth in NY: Compliance Requirements Create Reimbursement Challenges
June 13, 2018 | Health Services | Compliance, Investigations & White Collar

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

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New Sexual Harassment Legislation Applies to Almost All NY Employers
June 12, 2018 | Labor & Employment

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,

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Gordon and Spero Publish Article in Pratt’s Journal of Bankruptcy Law
June 6, 2018 | Bankruptcy

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.

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New York Insurance Coverage Law Update
May 30, 2018 | Insurance Coverage

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

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Insurance Regulation: States Take First Steps to Adopt NAIC Model Cybersecurity Law
May 25, 2018 | Insurance Coverage | Privacy, Data & Cyber Law

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

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Supreme Court Approves Employers’ Use of Class Action Waivers
May 22, 2018 | Labor & Employment

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

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‘Made in the USA’ Claims: Handle With Care
May 15, 2018 | Compliance, Investigations & White Collar

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

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Lewis’ GDPR Article Published in Long Island Press
May 15, 2018 | Privacy, Data & Cyber Law

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

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Kam Authors Article for ABA
May 11, 2018 | Insurance Fraud

Priscilla Kam has authored an article entitled, “How to Keep the Focus and Stay Motivated On the Long Road to Success,” for the American Bar Association’s Tort Trial and Insurance Practice – Young Lawyer’s Division newsletter.

Click here to read the article.

© 2018 by the American Bar Association. Reproduced with permission. All rights reserved.

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Everybody Hurts Sometimes: But Is Insurance Available to Compensate That Pain?
May 11, 2018 | Insurance Coverage

From efforts to curtail cyber-bullying, to the creation of safe spaces, protecting individuals from mental injury is now mission critical. Every day, lawsuits are filed by individuals seeking damages for conduct that has resulted in mental injury. Not surprisingly, the targets of these lawsuits have turned to their insurers to defend and indemnify them against

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OIG Report Highlights Telehealth Reimbursement Challenges
May 10, 2018 | Health Services | Compliance, Investigations & White Collar

The utilization of telehealth has flourished over the last decade as innovative technologies and new Medicare regulations have fueled telehealth’s growth. Between 2001 and 2015, Medicare telehealth spending increased by nearly 300% as a result of this boom. However, as the utilization of telehealth services has surged, so have the compliance issues associated with these

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Cyber Insurance: Protection for the New Normal
May 9, 2018 | Privacy, Data & Cyber Law

Cybersecurity breaches have become commonplace. In 2017, the global economy incurred an estimated loss of over $450 billion for cyber-related crimes and security breaches. It is no longer a question of whether a business will fall victim to a security breach or malware attack, but only a question of when.  A cybersecurity event can have

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U.S. District Court: Judiciary Law Claim Permissible without Criminal Conviction
May 7, 2018 | Professional Liability

The United States District Court, Western District of New York recently held that the plaintiff alleged sufficient facts to state a claim pursuant to Judiciary Law § 487, and the fact that there was no criminal conviction of the defendant lawyers for violating the statute did not prevent plaintiff from proceeding with her claim.

In

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Insurance Update
May 7, 2018 | Insurance Coverage

We are pleased to bring you our May Insurance Update. Here are the headlines:

  • Eleventh Circuit Rejects Insured’s Bid for Advertising Injury Coverage of Two Lawsuits
  • Exclusion Barred Coverage of Losses Resulting from Fraudulent Email Scheme, Ninth Circuit Concludes
  • Insurer That Issued Umbrella Excess Policies Did Not Have to Defend Insured, Wisconsin Appellate Court
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