Recent Publications


Minimizing Legal Risks When Using the Word ‘Organic’
July 27, 2017 | Nancy A. Del Pizzo | Compliance Investigations & White Collar

Nancy Del Pizzo’s article, “Minimizing Legal Risks When Using the Word ‘Organic’,” appeared in the July/August issue of Nutrition Industry Executive. The article details the U.S. Department of Agriculture’s requirements for the use of the word “organic” as well as what is considered false and misleading advertising for organic products. To read the article, click …
Read More

Supreme Court Rejects ‘Structured Dismissals.’ Now What?
July 25, 2017 | Stuart I. Gordon | Matthew V. Spero | Bankruptcy

Stuart Gordon and Matthew Spero’s article, “Supreme Court Rejects ‘Structured Dismissals.’ Now What?”, appeared in the July/August issue of Pratt’s Journal of Bankruptcy Law. To read the article, click here.

NY Workers’ Compensation Board Finalizes Paid Family Leave Regulations
July 24, 2017 | Daniel M. Bernstein

As we previously reported (June 6, 2017), beginning January 1, 2018, private sector employees in New York State who meet the minimum employment-duration requirements will be eligible for paid family leave under New York’s Paid Family Leave (“PFL”) law. The PFL program will be funded by employees via mandatory payroll deductions – tacked onto existing …
Read More

NY’s Highest Court Hears Arguments on Physician-Assisted Suicide
July 21, 2017 | Benjamin P. Malerba | Ada Kozicz | Health Services

The New York Court of Appeals recently heard arguments in the Myers v. Schneiderman lawsuit, which challenges the legality of physician assisted suicide and whether a patient should have the right to choose a peaceful death on his or her own terms. As the law currently stands, New York Penal Law Section 125.15 prohibits physician-assisted …
Read More

Trump Administration Issues New Form I-9
July 17, 2017 | Henry M. Mascia | Corporate

Today the United States Citizenship and Immigration Services Issued a new version of the Form I-9, which employers must use to document their efforts to verify the identity and employment eligibility of its employees. The new version of the Form I-9 can be found here https://www.uscis.gov/i-9. Employers must begin using the new version of the …
Read More

Insurance Update
July 14, 2017 | Insurance Coverage

Our July Insurance Update features three cases from state high courts. The Massachusetts Supreme Judicial Court, on certified question from the First Circuit, addresses whether the duty to defend (or pay defense costs) includes the costs to prosecute the insured’s counterclaims. The Texas Supreme Court considers whether the underlying proceeding was sufficiently adversarial when assessing …
Read More

Trump Administration Plans to Revisit Stalled Overtime Regulations
July 13, 2017 | Scott R. Green | Greg E. Mann | Employment & Labor

The Trump Administration created new uncertainty in a recent Court filing by declaring its intentions to rewrite an Obama-era regulation designed to dramatically expand the number of workers covered by federal overtime rules. Employers have been left in limbo since last November when a federal district court issued a preliminary injunction that prevented the U.S. …
Read More

Landmark N.J. Supreme Court Ruling Boosts Fraud Fight
July 7, 2017 | Evan H. Krinick

There seems to be no limit to the kinds of schemes that people create to defraud insurance companies and, by extension, the public, through higher premiums. Now, however, the New Jersey Supreme Court has issued a unanimous decision, Allstate Ins. Co. v. Northfield Medical Center, P.C., No. A-27 (N.J. May 4, 2017), that certainly will …
Read More

No Coverage for Suit Claiming Insured Attacked, Assaulted, Struck, and Stabbed Victim, Even If It Sought Damages for Negligence
June 21, 2017 | Robert Tugander | Insurance Coverage

A federal district court in Illinois has ruled that an insurer was not obligated to defend its insured in an action alleging that he had attacked, assaulted, struck, and stabbed someone, even if the complaint against him asserted that he had been negligent. The Case After Connie McElhaney sued Robert Heitbrink, alleging that he had …
Read More

Blockchain: Unlinking Hype from Reality
June 21, 2017 | Jay D. Kenigsberg | Privacy, Data & Cyber Law

On June 15, 2017, AIG and Standard Chartered Bank announced the first multinational smart contract-based insurance policy to function on the blockchain. AIG partnered with IBM to manage and place multiple insurance policies across multiple countries by using an advanced blockchain framework.  In essence, the bank’s clients in the U.K., U.S., Singapore and Kenya will …
Read More

No Coverage for Fraudulent Transfer Claims Where Acts Preceded Policy’s Effective Date
June 21, 2017 | Robert Tugander | Insurance Coverage

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurance policy’s prior acts exclusion precluded coverage for claims against a bankrupt company’s officers relating to alleged fraudulent transfers. The Case The U.S. Treasury Department’s Office of Thrift Supervision (“OTS”) began investigating BankUnited FSB in January 2008. By August, news reports were …
Read More

No Coverage for Suit Alleging Restaurant Had Refused to Allow Customer to Bring in His Service Dog
June 21, 2017 | Robert Tugander | Insurance Coverage

A federal district court in West Virginia has ruled that an insurance policy did not cover claims that a restaurant had refused to allow a customer to bring his service dog into the restaurant. The Case Scott Ullom sued Grand China Buffet & Grill, Inc., and Qi Feng Chen in his capacity as “Director, Incorporator, …
Read More

No Coverage Where Final Judgment Found That Insured Had Engaged in Intentional Fraud
June 21, 2017 | Robert Tugander | Insurance Coverage

A magistrate judge has recommended that a federal district court dismiss a coverage action brought by an insured where a final judgment had determined that the insured had engaged in intentional fraud in his securities transactions. The Case Daniel Imperato sued the insurance company that had issued a directors and officers liability insurance policy to …
Read More

No Coverage for Damage from Insured’s Operations That Had Not Been “Unexpected”
June 21, 2017 | Robert Tugander | Insurance Coverage

A federal district court in Alabama has ruled that commercial environmental insurance policies did not cover claims for damage caused by the insured’s business operations where the damage had not been “unexpected.” The Case SmarterFuel Inc. and Smarter Fuel South, LLC, bought and picked up catfish waste from catfish farms and used cooking oil from …
Read More

Home Builder’s Schematics Were Not Advertisements for Purposes of Advertising Injury Coverage
June 21, 2017 | Robert Tugander | Insurance Coverage

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurance company had no duty to indemnify an insured home builder that allegedly infringed copyrighted house designs, finding that the builder’s schematics were not advertisements for purposes of the policy’s advertising injury provisions. The Case Home Design Services, Inc., sued Highland Holdings, …
Read More

Next Page

Legal updates and news delivered to your inbox