Four years ago, the New York Court of Appeals issued its decision in Voss v. Netherlands Ins. Co., 22 N.Y.3d 728 (2014), which some thought might lead to more and more insurance brokers being sued by policyholders alleging that brokers had not obtained sufficient insurance or appropriate policies for them.

Several recent cases—including by the U.S.

Steven Shapiro and Marc Ullman co-wrote an article published in the May 2018 issue of Vitamin Retailer, the dietary supplement industry’s leading magazine.

The article focuses on the popular new dietary supplement, Kratom, its potentially hazardous effects and how the FDA is actively monitoring it.

Click here to read the article.

Stuart Gordon’s and Matthew Spero’s article entitled, “A Potentially Momentous Decision: Second Circuit Explains How To Calculate Chapter 11 Cramdown Interest Rate” was published in the February/March 2018 edition of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Lindsay Lohan was not pleased with the alleged use of her likeness by Rockstar Games as an avatar in its Grand Theft Auto V video game. In her lawsuit against the game company, Lohan claimed that: (1) an avatar named “Lacey Jonas” that appears in the video game so resembled her that the avatar qualified

The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes. For example, the U.S. District Court for the Southern District of New York recently decided an issue

Like the weather so far this spring, our April Insurance Update offers a “mixed bag” of insurance decisions.  In our update, you’ll find answers to the following questions:

• When does the completed-operations hazard apply to asbestos bodily injury claims?
• A campground caretaker shoots a camper.  Is there an “occurrence” from the owner’s standpoint?
• A

A recent report issued by the U.S. Department of Health and Human Services, Office of Inspector General (OIG), estimates that 61% of claims submitted to Medicare for outpatient physical therapy (PT) services failed to comply with Medicare requirements. The OIG report serves as a reminder to PT providers about the importance of accurate billing and

Second Department Finds Questions Of Fact As To Duty To Indemnify School District And Officials In Religious Discrimination Case

Five students sued a school district and its administrators alleging that they violated the students’ civil rights by being deliberately indifferent to anti-Semitic harassment and discrimination perpetrated by other students against them. The district’s insurer provided

First Department Rejects Additional Insured Coverage Where Named Insured’s Acts Or Omissions Were Not Proximate Cause Of Injury

A security guard employed by Protection Plus Security Corporation sued the Manhattan School of Music, alleging that he slipped and fell on a recently mopped floor while working at the school. The school sought coverage as an

In a little more than six weeks, the most comprehensive revision of EU privacy rules in the past 20 years goes into effect, and the rules have broad implications for U.S.-based companies.

On May 25, 2018, the European Union General Data Protection Regulation or GDPR , goes into effect. The following is an explanation of

New Jersey holders of individuals’ personal and confidential information are on alert that it is not enough to secure the data stored and/or used on their own platforms if that data is also accessed by a third party.

On March 1, 2018, the Superior Court of New Jersey entered a Final Consent Judgment (the “Consent

Paul Majkowski published an article entitled, “Update on Glyphosate: The Roundup MDL General Causation Daubert Hearings,” in Mass Torts Litigation, a publication of the American Bar Association’s Section of Litigation.

The article discusses Judge Vince Chhabria’s comments in a Daubert hearing conducted on general causation as to non-Hodgkin’s lymphoma, which heard from a dozen witnesses.

To read

Brian Bank, Scott Green, and Catalina De La Hoz co-authored an article entitled, “Recent Developments in Employment Law and Litigation” for the Tort Trial & Insurance Practice Law Journal.

Click here to read the article.

This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded

Second Circuit Rules Professional Services Exclusion In D&O Policy Barred Coverage For Facebook Investors’ Claims Against NASDAQ

After conducting the initial public offering for Facebook, Inc., the NASDAQ public stock exchange was sued. NASDAQ settled for $26.5 million. An insurer that issued a directors and officers policy to NASDAQ contended that the claims against NASDAQ

Stella Lellos co-wrote an article for USLAW Magazine entitled, “Small Business-Big Options: A Cross-Border Perspective on Establishing a High-Growth Business.”

Click here to read the article.