Recent Publications

The NAIC Cyber Security Model Law Is Ready for Its Debut
September 20, 2017 | Jay D. Kenigsberg | Privacy, Data & Cyber Law

The National Association of Insurance Commissioners (NAIC) has advanced its Insurance Data Security Model Law (“Model Law”) for likely adoption at its annual Fall National Meeting this December. The purpose of the new Model Law will be to improve the insurance sector’s ability to respond to cyber incidents. The “insurance sector” includes insurers, agents and …
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Insurance Update
September 18, 2017 | Robert Tugander | Insurance Coverage

For many of us, September marks the end of summer, back to school, and the return of football. Sticking with that theme, our September Insurance Update includes two cases by parents whose children had a little too much time on their hands. Our update also includes two cases involving a common summertime activity – boating.  …
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Employee Benefit Plan Review – From the Courts
September 18, 2017 | Norman L. Tolle | Insurance Coverage

Insurer Could Offset Monthly Disability Payments Against Plaintiff’s Part-Time Earnings, Third Circuit Rules The plaintiff in this case, a gastroenterologist, suffered a debilitating injury to her shoulder and underwent surgery in an attempt to repair the damage. The surgery was only partly successful and the damage from her injury prevented her, for a time, from …
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Can NY Employers Legally Terminate a Rally Protester?
September 14, 2017 | Brian M. Culnan | Daniel M. Bernstein

So you employ a white supremacist … Since August’s tragic events in Charlottesville, various social media feeds have identified protesters from the “Unite the Right” rally held on the University of Virginia campus. Several traditional media outlets have reported that subsequent public shaming of those identified as participants in the rally has caused companies to …
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Shapiro Publishes Article in Natural Products Insider
September 14, 2017 | Steven Shapiro | Health Services | Compliance Investigations & White Collar

Steven Shapiro has published an article in Natural Products Insider entitled, “A Legal Look at the Definition of ‘Clean Label’.” Click here to read the article.

Equifax Breach Update
September 13, 2017 | Shari Claire Lewis | Privacy, Data & Cyber Law

Equifax’s response to its recent data breach is evolving, and so should yours. Piling on to the initial public fury regarding Equifax’s announcement of its data breach weeks after it occurred is the outrage that many feel about the credit reporting agency’s response. Cyber pundits and the public at large were particularly peeved by Equifax’s …
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Heptig Authors VC-List Article
September 13, 2017 | Katherine A. Heptig | Corporate

Kate Heptig’s article, “Equal Isn’t Always Fair: How to Divide Founders’ Equity,” appeared in VC-List, an online publication for the venture capital industry. To read the article, click here.

How to Respond to the Equifax Security Breach
September 8, 2017 | Shari Claire Lewis | Privacy, Data & Cyber Law

Yesterday, Equifax, a company whose credit services are central to the financial activities of virtually every American, announced a massive security incident described by its CEO as an event that struck at the heart of what Equifax does. Approximately 143 million U.S. consumers had personal information, such as their names, social security numbers, birth dates …
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What the DACA Rescission Means for Employers
September 7, 2017 | Henry M. Mascia | Corporate

The Trump administration announced on Tuesday that it would end the Deferred Action for Childhood Arrivals program, known by the acronym “DACA.” The administration has, in effect, delayed the termination of DACA to allow Congress to pass legislation providing legal status to DACA recipients. Employers should know the implications for their obligations to verify work …
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Obama-Era DOL Overtime Rule Struck Down
August 31, 2017 | Scott R. Green

After months in limbo, U.S. District Judge Amos Mazzant struck down the Obama Administration’s November 2016 rule that would have expanded overtime protections to millions of white collar workers.  Had it been implemented, the Fair Labor Standards Act’s “white collar” exemption threshold would have essentially doubled to just over $47,000 per year and would have …
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New Medicaid Planning Tool
August 22, 2017 | Jeffrey S. Greener | Trusts, Estates & Taxation

The most costly item in retirement isn’t housing; it’s healthcare. According to the AARP, some 70% of Americans will require long-term care during their lifetime. With nursing homes in New York costing $12,000 to $14,000 per month and the future of Social Security and Medicare unclear, many retirees risk financial ruin unless they have put …
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New York Insurance Coverage Law Update
August 22, 2017 | Alan C. Eagle | Insurance Coverage

“Vertical Exhaustion” Of Primary Policies Triggered Excess, But Excess Policies’ Prior Insurance Provision Limited Insured’s Recovery, Second Circuit Holds  Olin Corporation, a chemical manufacturer, contended that an excess insurer that had issued three consecutive annual policies had to indemnify it for environmental con-tamination that had taken place over a number of years at several manufacturing …
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In Term of Transition, Court Sides With Insurers
August 21, 2017 | Evan H. Krinick | Appeals

It was a term of transition for the New York Court of Appeals, with Associate Judge Eugene Pigott Jr., retiring at the end of 2016, Associate Judge Rowan Wilson joining the Court in February 2017, Associate Judge Sheila Abdus-Salaam’s death in April 2017, and Associate Judge Paul Feinman joining the Court at the end of …
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Gordon and Spero Publish LexisNexis Emerging Issues Analysis
August 18, 2017 | Stuart I. Gordon | Matthew V. Spero | Bankruptcy

Stuart Gordon and Matthew Spero have published an LexisNexis Emerging Issues Analysis on “Supreme Court Rejects ‘Structured Dismissals.’ Now What? Click here to read the analysis.

Kenigsberg Published in Pratt’s Privacy & Cybersecurity Law Report
August 18, 2017 | Jay D. Kenigsberg | Privacy, Data & Cyber Law

Jay Kenigsberg’s article entitled, “United States v. Ulbricht: Dread Pirate Roberts Pushes the Envelope of the Fourth Amendment,” was published in the September 2017 issue of Pratt’s Privacy & Cybersecurity Law Report. Click here to read the Report.

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