Recent Publications


McAloon and Kruglyak Co-Author Article For ABA’s Tort Trial and Insurance Practice Law Journal
April 13, 2017 | Insurance Coverage

Sean McAloon and Viktoriya Kruglyak co-authored the section on Appraisal in Recent Developments in Property Insurance Law, which was published in the Winter 2017 issue of the American Bar Association’s Tort Trial & Insurance Practice Law Journal.

To read the article, Click Here.

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Del Pizzo Quoted in Westlaw
April 13, 2017 | Intellectual Property

Nancy Del Pizzo provided the following comment in an article published in Westlaw’s Journal of Intellectual Property regarding Mavrix Photographs LLC v. LiveJournal Inc.:

“This decision should put social media companies on notice to, at the very least, closely follow this case on remand and educate its ‘moderators’ on the DMCA, particularly its ‘red flag’ exception.”

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New York City Passes Legislation to Ban Pay History Questions During Hiring Process
April 10, 2017 | Labor & Employment

On April 5, 2017, New York City Council approved a bill that bans employers from requesting or using job applicants’ salary history when making hiring decisions. This latest development follows trend of the pay-equity movement taking place in cities and states nationwide.  It is also the latest in a series of legislative measures in New York

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U.S. Supreme Court Upholds the Priority Scheme in Structured Dismissals
April 5, 2017 | Bankruptcy

In a rare instance where certiorari is granted in a bankruptcy case, on March 22, 2017, the United States Supreme Court rendered a crucial and fundamental decision that significantly affects the ability of parties to a Chapter 11 bankruptcy case to deviate from the priority distribution scheme set forth in the Bankruptcy Code under 11

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Richman quoted in Healthcare Risk Management
April 4, 2017 | Medical Malpractice Defense

David Richman commented on the future of obstetrical malpractice claims related to the Zika virus. Specifically, he noted:

“We may see cases coming out of patients with Zika, most likely related to the diagnosis and what advice is given to the parents in regards to potential termination of the pregnancy. There are a lot of

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Richman Authors Chapter in NYSBA Book
April 3, 2017 | Medical Malpractice Defense | Complex Torts & Product Liability

David Richman’s paper, “Motions in Limine and Opening Statements,” was published in the New York State Bar Association’s book entitled, “Preparing For and Trying the Civil Lawsuit,” which, according to the foreword, was created to “inform both the aspiring trial attorney and the seasoned practitioner of the ‘how to’ of litigation practice.”

David’s chapter discusses

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Employee Benefit Plan Review – From the Courts
March 30, 2017 | Labor & Employment | Insurance Coverage

Failure to Timely File ‘Charge’ with EEOC Doomed Plaintiff’s ADA Suit, Seventh Circuit Rules

The plaintiff in this case, a senior customer service representative of Christian Brothers Services (CBS), was in an automobile accident in March 2011 as a result of which she had to use a cane and limped. According to the plaintiff, CBS fired

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Bruno Authors USLAW Magazine Article
March 30, 2017 | Professional Liability

Jonathan Bruno’s article, “Independent Counsel Law in Three Key Jurisdictions,” appeared in the Spring/Summer issue of USLAW Magazine.

To read the full article, click here.

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Connecticut Appeals Court Broadly Interprets “Occupational Disease” Exclusion
March 23, 2017 | Insurance Coverage

A Connecticut appeals court, in a coverage dispute stemming from thousands of underlying lawsuits alleging injuries from exposure to industrial talc that purportedly contained asbestos, has ruled that the occupational disease exclusion is not limited only to claims by the policyholder’s own employees.

The Occupational Disease Exclusions

Variations of the occupational disease exclusion were before the

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New Jersey Joins Majority of Courts Holding That Anti-Assignment Clauses Do Not Apply After a Loss
March 23, 2017 | Insurance Coverage

The New Jersey Supreme Court, joining the majority of courts, has ruled that an anti-assignment clause in an “occurrence” insurance policy did not bar the assignment of a post-loss claim even if the claim had not been reduced to a money judgment.

The Case

Givaudan Fragrances Corporation faced liability as a result of environmental contamination

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Washington’s Insurance Fair Conduct Act Did Not Permit Insureds to Sue Their Insurers for Regulatory Violations Alone, State’s Highest Court Says
March 23, 2017 | Insurance Coverage

The Supreme Court of Washington has ruled that the state’s Insurance Fair Conduct Act (“IFCA”) did not permit insureds to sue their own insurers for violation of regulations adopted under the IFCA in the absence of an unreasonable denial of coverage or benefits.

The Case

A driver injured in an accident sued his insurer under

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Texas Supreme Court Enforces Insured-Versus-Insured Exclusion in D&O Liability Insurance Policy
March 23, 2017 | Insurance Coverage

The Texas Supreme Court has ruled that an insured-versus-insured exclusion in a directors and officers (“D&O”) liability insurance policy applied to preclude coverage of a lawsuit brought against a former director and treasurer of a condominium association by an assignee of the association.

The Case

After Robert Primo resigned as a director and treasurer of

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Public Policy Did Not Prohibit Enforcement of Indoor Air Exclusion, Oklahoma Supreme Court Decides
March 23, 2017 | Insurance Coverage

The Oklahoma Supreme Court, in response to a question certified by the U.S. District Court for the Western District of Oklahoma, has ruled that the public policy of Oklahoma did not prohibit enforcement of an indoor air exclusion in a commercial lines insurance policy.

The Case

Several guests inside a hotel in Siloam Springs, Arkansas,

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Excess Insurer Was Not Bound by Primary Insurer’s Interpretation of “Prior Acts” Exclusion, Maryland’s Top Court Rules
March 23, 2017 | Insurance Coverage

Maryland’s highest court, the Maryland Court of Appeals, has enforced a prior acts exclusion in a primary insurance policy and ruled that an excess insurer was not bound by the primary insurer’s interpretation of that language.

The Case

A class action lawsuit filed against Cristal USA, Inc., on April 12, 2010, alleged that Cristal had

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Democratic State Senators among the Latest to Fall Prey to Ransomware Attack
March 21, 2017 | Privacy, Data & Cyber Law

The Democrats in the Pennsylvania State Senate recently fell victim to a ransomware attack that locked lawmakers and their staffs out of their computer, data, email and website. Hackers were able to infect the party’s network with malware and demanded a ransom payment in bitcoin in order to remove the virus and unlock the files.

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