Stuart Gordon and Matthew Spero’s article, “Supreme Court Rejects ‘Structured Dismissals.’ Now What?”, appeared in the July/August issue of Pratt’s Journal of Bankruptcy Law.

To read the article, click here.

As we previously reported (June 6, 2017), beginning January 1, 2018, private sector employees in New York State who meet the minimum employment-duration requirements will be eligible for paid family leave under New York’s Paid Family Leave (“PFL”) law. The PFL program will be funded by employees via mandatory payroll deductions – tacked onto existing

The New York Court of Appeals recently heard arguments in the Myers v. Schneiderman lawsuit, which challenges the legality of physician assisted suicide and whether a patient should have the right to choose a peaceful death on his or her own terms. As the law currently stands, New York Penal Law Section 125.15 prohibits physician-assisted

Today the United States Citizenship and Immigration Services Issued a new version of the Form I-9, which employers must use to document their efforts to verify the identity and employment eligibility of its employees. The new version of the Form I-9 can be found here https://www.uscis.gov/i-9.

Employers must begin using the new version of the

Our July Insurance Update features three cases from state high courts.

• The Massachusetts Supreme Judicial Court, on certified question from the First Circuit, addresses whether the duty to defend (or pay defense costs) includes the costs to prosecute the insured’s counterclaims.
• The Texas Supreme Court considers whether the underlying proceeding was sufficiently adversarial when

The Trump Administration created new uncertainty in a recent Court filing by declaring its intentions to rewrite an Obama-era regulation designed to dramatically expand the number of workers covered by federal overtime rules. Employers have been left in limbo since last November when a federal district court issued a preliminary injunction that prevented the U.S.

There seems to be no limit to the kinds of schemes that people create to defraud insurance companies and, by extension, the public, through higher premiums. Now, however, the New Jersey Supreme Court has issued a unanimous decision, Allstate Ins. Co. v. Northfield Medical Center, P.C., No. A-27 (N.J. May 4, 2017), that certainly will

A federal district court in Illinois has ruled that an insurer was not obligated to defend its insured in an action alleging that he had attacked, assaulted, struck, and stabbed someone, even if the complaint against him asserted that he had been negligent.

The Case

After Connie McElhaney sued Robert Heitbrink, alleging that he had

On June 15, 2017, AIG and Standard Chartered Bank announced the first multinational smart contract-based insurance policy to function on the blockchain.

AIG partnered with IBM to manage and place multiple insurance policies across multiple countries by using an advanced blockchain framework.  In essence, the bank’s clients in the U.K., U.S., Singapore and Kenya will

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurance policy’s prior acts exclusion precluded coverage for claims against a bankrupt company’s officers relating to alleged fraudulent transfers.

The Case

The U.S. Treasury Department’s Office of Thrift Supervision (“OTS”) began investigating BankUnited FSB in January 2008. By August, news reports were

A federal district court in West Virginia has ruled that an insurance policy did not cover claims that a restaurant had refused to allow a customer to bring his service dog into the restaurant.

The Case

Scott Ullom sued Grand China Buffet & Grill, Inc., and Qi Feng Chen in his capacity as “Director, Incorporator,

A magistrate judge has recommended that a federal district court dismiss a coverage action brought by an insured where a final judgment had determined that the insured had engaged in intentional fraud in his securities transactions.

The Case

Daniel Imperato sued the insurance company that had issued a directors and officers liability insurance policy to

A federal district court in Alabama has ruled that commercial environmental insurance policies did not cover claims for damage caused by the insured’s business operations where the damage had not been “unexpected.”

The Case

SmarterFuel Inc. and Smarter Fuel South, LLC, bought and picked up catfish waste from catfish farms and used cooking oil from

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurance company had no duty to indemnify an insured home builder that allegedly infringed copyrighted house designs, finding that the builder’s schematics were not advertisements for purposes of the policy’s advertising injury provisions.

The Case

Home Design Services, Inc., sued Highland Holdings,

The U.S. Court of Appeals for the Ninth Circuit has ruled that insurers were not obligated to defend their insured against claims that the insured had violated a person’s “right of privacy” where one complaint had not alleged publication of private material and the other fell within the Recording and Distribution exclusion.

The Case

Aspen