Recent Publications


Landlords Evicting Tenants: When Bankruptcy Interferes
December 8, 2016 | Commercial Litigation | Bankruptcy

All too often, a tenant’s failure to abide by the terms of a lease – whether commercial or residential – takes up a disproportionate amount of a landlord’s focus and efforts.  When a holdover or non-paying tenant files for bankruptcy, the landlord must overcome another obstacle if it wishes to evict the tenant – the

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Enforcing Copyright Without Having a Registration Certificate
December 6, 2016 | Commercial Litigation | Professional Liability | Privacy, Data & Cyber Law

Nancy A. Del Pizzo’s article entitled, “Enforcing Copyright Without Having a Registration Certificate” was published in the December 5, 2016 issue of the New Jersey Law Journal.

Click here to read the article in its entirety.

Reprinted with permission from the December 5, 2016 issue of the New Jersey Law Journal. © 2016 ALM Media Properties, LLC.

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Starbucks Hits the Bong Designer In the Wallet
December 5, 2016 | Intellectual Property

The U.S. District Court for the Central District of California recently granted Starbucks’ motion for a default judgment against James Landgraf, an individual responsible for the design and sale of glass bongs, clothing, and other novelties that infringed certain logos owned by Starbucks. Starbucks Corp. v. Glass, 2016 U.S. Dist. LEXIS 145694 (C.D. Cal. Oct.

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Texas Court Blocks New Overtime Rules, Appeal to Follow
December 5, 2016 | Labor & Employment

On November 22, 2016, a federal judge in Texas granted a nationwide preliminary injunction blocking the U.S. Department of Labor’s (DOL’s) overtime rule scheduled to take effect December 1, 2016. The rule more than doubles the required salary level to qualify for the Fair Labor Standards Act (FLSA) “white collar” exemptions, increasing the annual salary

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An Employer’s Guide to Immigration Policy in a Trump Administration
December 5, 2016 | Corporate

After months of uncertainty during the campaign season, employers finally know that Donald Trump will be the next President of the United States. The Trump administration, which takes power on January 20, 2017, will likely bring fundamental changes to immigration law and policy.  Although many of the details remain uncertain, employers can take action now

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New York Insurance Coverage Law Update
November 30, 2016 | Insurance Coverage

Private Dispute Over Policy Coverage Did Not Support Insured’s GBL § 349 Claim Against Insurer, Fourth Department Rules

A building owner sued its insurance company for deceptive acts and practices under New York General Business Law § 349, alleging that the insurer had retained a non-engineer to conduct an investigation into its claim for damage to its building and

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The DOL’s Overtime Salary Regulations are Enjoined
November 30, 2016 | Labor & Employment

Last week, a Texas federal court issued a preliminary injunction delaying the U.S. Department of Labor’s (DOL) latest rule for overtime exemptions from taking effect. The injunction comes as the result of a lawsuit filed by 21 states and several business organizations that claimed that the DOL exceeded its authority by more than doubling the

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Employee Benefit Plan Review – From the Courts
November 21, 2016 | Insurance Coverage | Labor & Employment

Company’s COBRA Breach Justified Award of Premiums to Former Employee, Eighth Circuit Rules

When Health Resources of Arkansas, Inc. (HRA) reduced its work force in response to financial difficulties in 2012, the plaintiff in this case was 57 years old and had been working for HRA since 1987. She had worked her way up from

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Five Essential Questions To Mitigate Corporate Compliance Risk
November 18, 2016 | Health Services | Compliance, Investigations & White Collar

In an increasingly intense and unforgiving regulatory environment, all healthcare organizations — from small physician practice groups to large health systems — must closely scrutinize areas where they may be vulnerable to fraud and abuse allegations. Corporate compliance programs are useful in this effort, but only if they are well-constructed and aggressively implemented, not merely

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Rutkin Publishes Article Entitled, “Insight – A Lesson in Cyber”
November 17, 2016 | Compliance, Investigations & White Collar | Privacy, Data & Cyber Law

Alan Rutkin article entitled, “Insight – A Lesson in Cyber,” has been published in the November 2016 issue of Best’s Review magazine.

Click here to read the article.

Best’s Review:  November 2016. Copyrighted A.M. Best Company, Inc. 2016.  All Rights Reserved, Reprinted with Permission.

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The U.S. District Court for the Northern District of Alabama Finds No Coverage for Suit Alleging Insured’s Computer Network Was Hacked, Damaging Credit Unions
November 16, 2016 | Insurance Coverage

A federal district court in Alabama has ruled that a grocery store was not entitled to coverage of a lawsuit brought by credit unions alleging that they had been damaged when the store’s computer network was hacked.

The Case

Three credit unions sued Camp’s Grocery, Inc., which operated a grocery store in Hokes Bluff, Alabama,

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Circuit Says: Parent Company’s Policy Did Not Cover Refinery’s Owner Where Policy Did Not List Owner as an Insured
November 16, 2016 | Insurance Coverage

The U.S. Court of Appeals for the Fifth Circuit has affirmed a decision by the U.S. District Court for the Western District of Texas that the owner of a refinery was not covered under its parent company’s insurance policy where the refinery owner was not listed as an insured and it could not demonstrate that

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Circuit Says: Insurer That Investigated Claim and Filed Declaratory Judgment Action Had Not Acted in Bad Faith
November 16, 2016 | Insurance Coverage

The U.S. Court of Appeals for the Third Circuit has affirmed a decision by the U.S. District Court for the Middle District of Pennsylvania granting summary judgment in favor of an insurance carrier in a bad faith case.

The Case

A man working for Stephen Bodnar died when a trench they were digging collapsed.

Danielle

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Circuit Says: Exclusion Precluded Coverage of Vineyard Owner’s Claims against Insureds
November 16, 2016 | Insurance Coverage

The U.S. Court of Appeals for the Ninth Circuit has affirmed a decision by the U.S. District Court for the Northern District of California that an insurer was not obligated to defend its insureds in an action brought by a vineyard owner against them.

The Case

The owner of a vineyard sued Jack Neal &

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Circuit Says: Email Use Alone Did Not Activate Computer Fraud Coverage
November 16, 2016 | Insurance Coverage

The U.S. Court of Appeals for the Fifth Circuit has ruled that an insurance company was not required to cover its insured’s loss under the computer fraud provision of a crime protection insurance policy where the only computer use was an email to the insured asking it to change a vendor’s bank account information.

The

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