Recent Publications


Recent State Law Makes It a Crime to Withhold Wages
May 3, 2024 | Labor & Employment

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

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Legal Spring Cleaning and Refreshing Your Affairs
April 29, 2024 | General Liability | Trusts & Estates

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

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April 2024 New York Insurance Coverage Law Update
April 25, 2024 | Insurance Coverage

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

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FTC Issues New Rule to Abolish Non-Compete Agreements
April 25, 2024 | Intellectual Property | Labor & Employment

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

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Title Reporter Published in Real Estate Finance Journal
April 23, 2024 | Real Estate, Zoning & Land Use

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
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NC Rulings Show Bankruptcy Isn’t Only For Insolvent Debtors
April 18, 2024 | Bankruptcy

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

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Wendy and Jen Wreck the Movies: Baby Mama (2008), or What Not to Leave to Chance When You Are Expecting
April 15, 2024 | Trusts & Estates

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,

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April 2024 Insurance Update
April 11, 2024 | Insurance Coverage

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,

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The New York State Estate Tax Cliff and the ‘Santa Clause’ Fix
April 8, 2024 | Tax | Trusts & Estates

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,

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NY’s New Employment Law Targets Privacy Concerns
April 5, 2024 | Labor & Employment | Privacy, Data & Cyber Law

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

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Ullman Publishes Article Regarding FDA Warning Letters to Amazon
March 29, 2024 | Compliance, Investigations & White Collar

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,

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New York Joins List of States Prohibiting Geofencing Near Healthcare Facilities
March 29, 2024 | Health Services | Privacy, Data & Cyber Law

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.

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Novikoff’s Employment Law Reporter Published in Employee Relations Law Journal
March 28, 2024 | Labor & Employment

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.

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March 2024 New York Insurance Coverage Law Update
March 27, 2024 | Insurance Coverage

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

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March 2024 Insurance Update
March 19, 2024 | Insurance Coverage

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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