Recent Publications
May 3, 2024 |
Governor Kathy Hochul signed an amendment to the New York Penal Law this past fall, designating “wage theft” as a form of criminal larceny. In doing so, she and the State Legislature targeted “bad faith” employers who violate New York’s Labor Law by improperly withholding timely payment of their employees’ earned wages.
The amendment covers
Read MoreApril 29, 2024 | |
Springtime is the time of year to start fresh. This ritual does not just apply to clearing the clutter, refreshing the inside of your house, and completing home improvement projects. It is also a good time to organize and review your legal affairs. As time goes on, your legal needs may change.
The following five
Read MoreApril 25, 2024 |
Southern District Rules That Insured Cannot Recover Its Attorney’s Fees for Its Coverage Action
The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s fees and expenses it incurred in its
Read MoreApril 25, 2024 | |
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC), issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements across all industries.
Existing non-compete agreements for employees will become unenforceable. Existing non-competes for senior executives can remain in force, but employers
Read MoreApril 23, 2024 |
Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal.
This article discusses the following court rulings and other title insurance-related developments, among others:
- The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the
April 18, 2024 |
Recent bankruptcy rulings upended the notion that bankruptcy protections are only for insolvent debtors.
In two different cases, two U.S. bankruptcy judges from the U.S. Bankruptcy Court for the Western District of North Carolina reached the same conclusion: Lack of financial distress is not a requirement for bankruptcy protection, and the court has constitutional subject
Read MoreApril 15, 2024 |
What Happens:
Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited because she is not married.
Kate learns of the Chaffee Bicknell surrogacy center and is connected with Angie Ostrowski,
Read MoreApril 11, 2024 |
Our April 2024 Insurance Update is now available.
Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not forget about the NC State Wolfpack’s magical March run. Led by Miracle Mike and the two DJs,
Read MoreApril 8, 2024 | |
New York has an “estate tax cliff,” which can result in heirs paying New York estate tax at a rate exceeding 100%.
The current per-person NYS estate tax exemption is $6.94 million, which is the amount you can leave to your heirs at your death without paying NYS estate tax. If your taxable estate, however,
Read MoreApril 5, 2024 | |
In the current age of social media, employers have begun to increasingly rely on digital platforms to screen prospective employees.
In an effort to address the growing concerns over privacy and the use of social media in employment decisions, New York has recently implemented a new law to protect employees’ and job applicants’ social media
Read MoreMarch 29, 2024 |
Marc S. Ullman, of counsel to Rivkin Radler, recently authored “FDA sends a message with two warning letters to Amazon” in Natural Products Insider.
In the article, Marc explains the importance of the FDA warning letters on homeopathic “supplements” and products that contain active pharmaceutical ingredients. Ullman writes, “During the last quarter of 2023,
Read MoreMarch 29, 2024 | |
Frank Izzo and Jeffrey Ehrhardt authored the USLAW article, “New York Joins List of States Prohibiting Geofencing Near Healthcare Facilities.”
The article discusses geofencing laws, enacted partly in response to the Supreme Court Dobbs decision, in depth by state.
Read MoreMarch 28, 2024 |
Kenneth Novikoff’s issue of the Employment Law Reporter was published in the Employee Relations Law Journal Summer 2024.
The column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition agreements.
Read the full column here.
Read MoreMarch 27, 2024 |
Third Department Upholds Summary Judgment to Insurer Based on Material Misrepresentation by Insured in Insurance Application
Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from
Read MoreMarch 19, 2024 |
Our March 2024 Insurance Update is now available.
We begin with three state supreme court decisions answering these questions:
- A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were filed when the claims-made policy was in effect. Is the claims-made policy triggered? The Delaware Supreme Court decides
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