Recent Publications


Insurance Regulation: States Take First Steps to Adopt NAIC Model Cybersecurity Law
May 25, 2018 | Robert Tugander | Greg E. Mann | Insurance Coverage | Privacy, Data & Cyber Law
The insurance industry is becoming the next frontier for cybersecurity regulations. On May 8, 2018, South Carolina became the first state to adopt the National Association of Insurance Commissioners’ (NAIC’s) regulations specific to insurers and brokers, and the Rhode Island Legislature is currently considering a similar bill. The NAIC, the leading national regulatory support organization, in …
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Supreme Court Approves Employers’ Use of Class Action Waivers
May 22, 2018 | Scott R. Green | Employment & Labor
On May 21, 2018, the United States Supreme Court, in the case of Epic Sys. Corp. v Lewis, held in a 5-4 decision that employers can require – as a condition of employment – that employees waive their rights to participate in class action lawsuits.  Resolving a split among the various circuit courts, employers can …
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‘Made in the USA’ Claims: Handle With Care
May 15, 2018 | Marc S. Ullman | Compliance Investigations & White Collar
Marc Ullman published an article in Natural Products Insider entitled, “‘Made in the USA’ Claims: Handle With Care.” The article focuses on how the Federal Trade Commission has increased its enforcement of its “Made in the USA” standards, which states “all or virtually all” of a product must be made/produced in the United States. Click …
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Lewis’ GDPR Article Published in Long Island Press
May 15, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
Shari Lewis authored an article for the Long Island Press on the trending topic of the General Data Protection Regulation (GDPR), a data privacy rule going into effect on May 25, 2018. In the article Shari explains the regulation, which U.S. businesses might be affected by it and what business owners can do reduce the …
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Kam Authors Article for ABA
May 11, 2018 | Priscilla D. Kam | Insurance Fraud
Priscilla Kam has authored an article entitled, “How to Keep Focus and Stay Motivated On the Long Road to Success,” for the American Bar Association’s Tort Trial and Insurance Practice – Young Lawyer’s Division. Click here to read the article. © 2018 by the American Bar Association. Reproduced with permission. All rights reserved. This information …
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Everybody Hurts Sometimes: But Is Insurance Available to Compensate That Pain?
May 11, 2018 | Michael C. Cannata | Frank M. Misiti | Insurance Coverage
From efforts to curtail cyber-bullying, to the creation of safe spaces, protecting individuals from mental injury is now mission critical. Every day, lawsuits are filed by individuals seeking damages for conduct that has resulted in mental injury. Not surprisingly, the targets of these lawsuits have turned to their insurers to defend and indemnify them against …
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OIG Report Highlights Telehealth Reimbursement Challenges
May 10, 2018 | Geoffrey R. Kaiser | Jonathan D. Salm | Health Services | Compliance Investigations & White Collar
The utilization of telehealth has flourished over the last decade as innovative technologies and new Medicare regulations have fueled telehealth’s growth. Between 2001 and 2015, Medicare telehealth spending increased by nearly 300% as a result of this boom. However, as the utilization of telehealth services has surged, so have the compliance issues associated with these …
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Cyber Insurance: Protection for the New Normal
May 9, 2018 | Shari Claire Lewis | Ada Kozicz | Privacy, Data & Cyber Law
Cybersecurity breaches have become commonplace. In 2017, the global economy incurred an estimated loss of over $450 billion for cyber-related crimes and security breaches. It is no longer a question of whether a business will fall victim to a security breach or malware attack, but only a question of when.  A cybersecurity event can have …
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U.S. District Court: Judiciary Law Claim Permissible without Criminal Conviction
May 7, 2018 | Jonathan B. Bruno | Deborah M. Isaacson | Professional Liability
The United States District Court, Western District of New York recently held that the plaintiff alleged sufficient facts to state a claim pursuant to Judiciary Law § 487, and the fact that there was no criminal conviction of the defendant lawyers for violating the statute did not prevent plaintiff from proceeding with her claim. In …
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Insurance Update
May 7, 2018 | Robert Tugander | Insurance Coverage
We are pleased to bring you our May Insurance Update. Here are the headlines: Eleventh Circuit Rejects Insured’s Bid for Advertising Injury Coverage of Two Lawsuits Exclusion Barred Coverage of Losses Resulting from Fraudulent Email Scheme, Ninth Circuit Concludes Insurer That Issued Umbrella Excess Policies Did Not Have to Defend Insured, Wisconsin Appellate Court Decides …
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Credit Card Fraud Insurance Case Highlights Barriers to Suits Against Brokers
May 4, 2018 | Evan H. Krinick | Appeals
Four years ago, the New York Court of Appeals issued its decision in Voss v. Netherlands Ins. Co., 22 N.Y.3d 728 (2014), which some thought might lead to more and more insurance brokers being sued by policyholders alleging that brokers had not obtained sufficient insurance or appropriate policies for them. Several recent cases—including by the U.S. …
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Shapiro and Ullman Author Article in Vitamin Retailer
May 1, 2018 | Health Services
Steven Shapiro and Marc Ullman co-wrote an article published in the May 2018 issue of Vitamin Retailer, the dietary supplement industry’s leading magazine. The article focuses on the popular new dietary supplement, Kratom, its potentially hazardous effects and how the FDA is actively monitoring it. Click here to read the article. …
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Gordon and Spero Publish Article in Pratt’s Journal of Bankruptcy Law
April 23, 2018 | Stuart I. Gordon | Matthew V. Spero | Bankruptcy
Stuart Gordon’s and Matthew Spero’s article entitled, “A Potentially Momentous Decision: Second Circuit Explains How To Calculate Chapter 11 Cramdown Interest Rate” was published in the February/March 2018 edition of Pratt’s Journal of Bankruptcy Law. Click here to read the article. …
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Driving Miss Lohan? Not According to the New York Court of Appeals
April 19, 2018 | Michael C. Cannata | Frank M. Misiti | Kori M. Clanton | Intellectual Property
Lindsay Lohan was not pleased with the alleged use of her likeness by Rockstar Games as an avatar in its Grand Theft Auto V video game. In her lawsuit against the game company, Lohan claimed that: (1) an avatar named “Lacey Jonas” that appears in the video game so resembled her that the avatar qualified …
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Copyright Law in the Age of Twitter
April 17, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes. For example, the U.S. District Court for the Southern District of New York recently decided an issue …
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