On Monday, December 23, 2024, the U.S. Fifth Circuit Court of Appeals (the “Fifth Circuit”) lifted a Texas district court’s order enjoining the Financial Crimes Enforcement Network’s (“FinCEN’s“) enforcement of the Corporate Transparency Act (the “CTA”). Following the Fifth Circuit’s decision, the CTA is once again enforceable, effective immediately, and all non-exempt reporting companies must

Second Department Upholds Summary Judgment To Insurer Finding Assault Not Covered Even Though Labeled By Claimant As Negligence

The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries. Nationwide Mutual Fire Insurance Company filed a declaratory judgment action

There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite conclusions. The divergence, however, lies not on whether faulty workmanship is an “occurrence,” but whether the business risk exclusions apply. Waiver factored

The holiday season is a magical time of year in New York, filled with excitement, celebration, and festive cheer. It is also one of the busiest, from holiday gatherings to decorating and holiday shopping. The hustle of the season can introduce unexpected risks.

To ensure a safe holiday season, homeowners need to be aware of

As a general concept, estate planning allows an individual to plan not only for what happens to his or her estate upon death, but also how his or her affairs are handled during life. There are certain documents that each person should have in order to accomplish these objectives.

A Last Will and Testament is

Amid the ongoing legal battle over the Corporate Transparency Act (the “CTA”), updates continue to roll in. On December 5, 2024, the U.S. government filed a notice of appeal to the U.S. Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) from the decision of the U.S. District Court for the Eastern District of Texas

The Law

The Corporate Transparency Act (“the CTA”), a law enacted by Congress requiring certain business entities to disclose beneficial ownership information (a “BOI Report”) to FinCEN, went into effect on January 1, 2024, and obligates reporting companies formed before January 1, 2024, to file BOI Reports on or before January 1, 2025.

The Challenge

If you are at least 70 ½ years old and you have a traditional IRA, you can donate up to $105,000 directly from your IRA account to charity. This direct transfer, called a Qualified Charitable Distribution (QCD), avoids having to recognize the assets transferred to the charity in your gross income on your tax return.

On November 21, 2024, Long Island Business News published Chris Murray’s opinion piece, “The Future of Offshore Wind Power under Trump.”

Here is the full text.

During the presidential campaign, Donald Trump did not hide his disdain for offshore wind-powered energy, going so far as to claim offshore wind farms are a risk to whales

In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying.

We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas emissions are pollutants under an insurance policy.  The court also considers whether there is an “occurrence” when the insured is aware of the

WHAT:          A filing with FinCEN disclosing information about certain entities and owners.

WHO:             Nonexempt entities formed or registered to do business by filing a document with the state and the beneficial owners of such entities.

WHEN:          Companies formed prior to January 1, 2024, must file by January 1, 2025.

WHERE:        FinCEN’s Beneficial Owner e-filing system here.

Northern District Denies Insurer’s Motion For Summary Judgment Finding Questions Of Fact Whether Insured Expected Or Intended Claimant’s Injuries  

The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and

On October 9, 2024, the United States Attorney’s office in the Eastern District of New York unsealed an indictment alleging that eight defendants defrauded Medicaid of approximately $68 million.[1] The alleged scheme involved two adult day care programs and a home care financial intermediary, all owned and controlled by the same individuals, as well as

Introduction
In private mergers and acquisitions (M&A) deals, purchase price adjustments play a crucial role in the determination of the final transaction value. These adjustments often hinge on net working capital calculations, which can introduce complexities and prolonged negotiations that detract from a smooth closing process. In response to these challenges, the locked box

There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand. Clouseau says, “I thought you said your dog did not bite!” The clerk