Recent Publications
July 27, 2023 |
Southern District Holds That Contractor’s Carrier Has Duty To Defend ConEd Even Though Contractor’s Work Ended Months Before The Accident
A pedestrian tripped and fell on a Bronx sidewalk, and she sued the owner of the adjacent property. In turn, the owner brought a third-party action against ConEd, the utility company that had opened
Read MoreJuly 27, 2023 | | |
In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways in which sellers can find potential buyers and work with advisors and brokers to evaluate the best fit. In this
Read MoreJuly 19, 2023 |
Companies facing multidistrict litigation mass tort exposure have been utilizing a new technique to protect themselves and their related entities from mass tort claims.
Known as the Texas Two-Step, this creative use of the U.S. Bankruptcy Code gives related entities the benefit of the automatic stay without those companies having to file for Chapter 11
Read MoreJuly 18, 2023 |
We bring you our July 2023 Insurance Update.
We begin with two cases about late notice. First, the Kentucky Supreme Court considers whether the notice-prejudice rule applies to claims-made-and-reported policies. Second, the Ninth Circuit provides an example of when prejudice can be determined as a matter of law.
The Wisconsin Supreme Court addresses the contours
Read MoreJuly 17, 2023 | |
While demand for new housing in the United States is strong, the ability to meet this demand is hampered by lack of water resources. This is especially true in states experiencing population growth such as Florida and Texas. Any proposal to develop new residential housing must include water conservation measures to assure there will be
Read MoreJuly 7, 2023 | |
Zoning boards have a difficult job. They must walk a narrow gauntlet between potentially killing a development project before it has begun by not allowing necessary variances and allowing harm to the environment that could be caused by the project.
Traditionally zoning boards focused on such issues as traffic, parking and whether a proposed project
Read MoreJuly 6, 2023 |
Personal injury attorney George Constantine and orthopedic surgeon Andrew Dowd were convicted by a Manhattan federal jury late last year for knowingly profiting from a massive $31 million trip-and-fall accident scheme. Constantine reportedly filed nearly 250 fraudulent personal injury lawsuits, and Dowd performed hundreds of unnecessary knee and shoulder surgeries on patients referred to him
Read MoreJuly 6, 2023 |
This article appeared in the Summer 2023 issue of Conservation News, a publication of the North Shore Land Alliance.
You may already know about many of the amazing things the North Shore Land Alliance has done to protect our beloved Long Island. The mission of the Land Alliance is: “To conserve and safeguard Long island’s natural
Read MoreJuly 5, 2023 |
Here is what we cover in this issue of The Employment Law Reporter:
- A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement after the purchaser breached the agreement by failing to make required payments.
- A New York trial
June 29, 2023 |
Plaintiffs’ counsel rejoice, defense counsel take note, and businesses beware. Daimler has been diminished and businesses are no longer only subject to general jurisdiction in states in which they are incorporated or headquartered.
On Tuesday, the United States Supreme Court issued its opinion in Mallory[1] and held that a business is subject to general jurisdiction
Read MoreJune 29, 2023 |
Second Circuit Finds That Subcontract Did Not Incorporate GC’s Obligation To Obtain Additional Insured Coverage For Owners And That GC’s Primary Policy Was Primary To GC’s Additional Insured Coverage Under Sub’s Umbrella
The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub)
Read MoreJune 26, 2023 | | |
In our last installment, we discussed that the dental services industry has undergone large-scale consolidation in recent years, primarily driven by Dental Services Organizations (DSOs) and private investors. We described what a DSO is and why it is a prevalent vehicle through which private investors are seeking to consolidate the dental services industry. We also
Read MoreJune 23, 2023 |
You found the right site. You completed the due diligence and are negotiating the purchase and sale agreement. Now you must raise the equity. You have multiple sources, each with differing financial issues from tax to return requirements. Here are a few points sponsors should consider when syndicating a real estate deal:
June 22, 2023 | |
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:
- A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity to which the title company owed a duty was the
June 20, 2023 |
Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update.
When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply?
A professional liability policy will often pay the insured’s costs of responding to subpoenas or disciplinary proceedings. What about search warrants?
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