Goldberg Segalla

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665 Main Street
Buffalo, New York 14203-1425, United States
Phone: (716)-566-5400
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
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  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
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  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Toxic Torts
  • Transportation
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Connecticut
  • Florida
  • Illinois
  • Maryland
  • Missouri
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
Number of Attorneys
400+ Attorneys

EPA Announce Final Rule to Prohibit Use of Asbestos in United States

The Environmental Protection Agency announced on March 18 a final rule to prohibit the use of chrysotile asbestos in the United States. Although numerous types of asbestos exist, chrysotile is unique in that it is the only form…more

Asbestos, Asbestos Litigation, Environmental Protection Agency (EPA), Federal Bans, Final Rules

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

Americans with Disabilities Act (ADA), Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

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New Federal Regulations Regarding Soot Create Challenges for States

Fine particle pollution – also known as soot – is a cause of respiratory disease, increased asthma symptoms, cancer, and cardiovascular dysfunction. Incomplete combustion of organic materials such as wood, fuel oil, plastics,…more

Air Pollution, CARB, Compliance, Environmental Protection Agency (EPA), Noncompliance

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New Jersey Update: Choice of Law Provisions and Arbitration Agreements in Employment Contracts

On February 26, 2024, the Appellate Division of the Superior Court of New Jersey affirmed the trial court’s decision in Aguirre v. CDL Last Mile Solutions, denying defendant CDL Last Mile’s motion to compel arbitration…more

Arbitration, Arbitration Agreements, Employment Contract, New Jersey

See all updates »

Florida Practice Tip: Using the 120-Day Pay and Investigate Rule to Your Advantage

Key Takeaways - Florida law requires an insurance company to accept or deny a workers’ compensation claim after they are reported within 14 days after an accident, or a Petition for Benefits is filed. The 120-day pay and…more

Clawbacks, Compensation, Florida, Insurance Industry, Investigations

See all updates »

Supreme Court Clarifies Standard Employees Must Show for Title VII Discrimination Claims

On April 17, the U.S. Supreme Court rendered an opinion in Muldrow v. City of St. Louis resolving a circuit split over what standard an employee challenging a transfer under the anti-discrimination provision of Title VII must…more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employment Discrimination

See all updates »

Mitigating Pressure Injury Exposure Through LEAF’s Innovative Wearable Sensor Technology

Healthcare facilities exposed to pressure injury litigation too often fail to defend patient malpractice claims because they cannot prove that caregivers provided reasonable turning and repositioning to prevent skin breakdown…more

Health Care Providers, Healthcare Facilities, Medical Devices, Nurses, Nursing Homes

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Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

Recent Agent Breach of Contract Decisions of Note

As part of Goldberg Segalla’s commitment to client-focused service and ensuring you are kept apprised of the latest rulings and trends that could impact your profession, we would like to call your attention to two recent New…more

Appeals, Breach of Contract, Fire Damage, Fire Insurance, Insurance Industry

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[Webinar] The Time-Limited, Policy-Limit Demand: A Legal and Practical Approach - February 28th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla partners Christian A. Cavallo and Dustin C. Blumenthal for an interactive webinar discussing practical and legal considerations for insurers presented with a time-limited demand that they pay their policy…more

Insurance Brokers, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Limits

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N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary…more

Appellate Courts, Auto Insurance, Declaration, New Jersey

See all updates »

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability…more

Commercial General Liability Policies, Construction Industry, Construction Workers, Employer Liability Issues, Exceptions

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EPA Reopens Pandora’s Box with CERCLA Designations of PFOA & PFOS; Seeks to Minimize Apprehension with Enforcement Policy

As our readers are likely familiar from our past blog posts here, here and here, in September 2022, EPA proposed to designate PFOA and PFOS as hazardous substances under section 102(a) of Comprehensive Environmental Response,…more

Airports, CERCLA, Contamination, Enforcement, Environmental Policies

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California Time-Limited Demand Statute to Take Effect Jan. 1, 2023

Key Takeaways - A new California statute governing claimants’ demands will take effect Jan. 1 mandating that an at-fault party’s liability insurer pay by a specific deadline the limits of its policy to settle claims against…more

Insurance Claims, Insurance Industry, Insurance Litigation, Liability Insurance, Policy Terms

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Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

[Webinar] Loading and Unloading Under GL and Auto Policies: 2023 - September 12th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding how courts interpret the relationship between commercial general liability and business auto policies. Ashlyn and Adam will discuss…more

Auto Insurance, Automotive Industry, Car Accident, Commercial General Liability Policies, Duty to Defend

See all updates »

Chicago Jury Returns $45M Plaintiffs Verdict in Talc Trial

Court: Circuit Court of Cook County, Illinois - On April 19, a Chicago jury ordered Johnson & Johnson to pay $45 million to the family of a Cook County woman named Theresa Garcia who died from mesothelioma, allegedly caused by…more

Appellate Courts, Asbestos, Asbestos Litigation, Baby Products, Johnson & Johnson

See all updates »

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary…more

Appellate Courts, Auto Insurance, Declaration, New Jersey

See all updates »

Artificial Intelligence is Now a Reality and So Are the Dangers Associated with Implementing it in Employment Decisions

KEY TAKEAWAYS - Employers should be aware of the potential dangers and legal pitfalls in using Artificial Intelligence in the recruitment, hiring and promotion of employees. Employers cannot pass liability onto a…more

Algorithms, Artificial Intelligence, Employer Liability Issues, Employment Discrimination, Hiring & Firing

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Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order…more

Attorney's Fees, Employer Liability Issues, Penalties, State Labor Laws, Workers Compensation Awards

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Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward

On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his employer…more

Administrative Remedies, Civil Rights Act, Disparate Treatment, Employer Liability Issues, Hiring & Firing

See all updates »

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

What Small Businesses Should Know about Changes to the Corporate Transparency Act

Effective January 1, 2024 the Corporate Transparency Act requires small businesses with fewer than 20 employees to report their ownership information to the U.S. Department of Treasury Financial Crimes Enforcement Network…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

See all updates »

New Jersey Update: Choice of Law Provisions and Arbitration Agreements in Employment Contracts

On February 26, 2024, the Appellate Division of the Superior Court of New Jersey affirmed the trial court’s decision in Aguirre v. CDL Last Mile Solutions, denying defendant CDL Last Mile’s motion to compel arbitration…more

Arbitration, Arbitration Agreements, Employment Contract, New Jersey

See all updates »

New York’s Minimum Weekly Workers’ Comp Benefits to Increase Under New Law

Key Takeaway - The minimum weekly compensation for individuals receiving workers’ compensation benefits will soon increase under legislation signed by New York Gov. Kathy Hochul. Hikes in the minimum weekly compensation will…more

New York, Workers' Compensation Claim, Workers’ Compensation

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Grant of Summary Judgment to Aluminum Plant Owner Reversed

Jurisdiction: Court of Appeals of Iowa - We previously reported on this matter involving the decedent, Charles Beverage, who was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s…more

Asbestos, Asbestos Litigation, Duty of Care, IA Supreme Court, Mesothelioma

See all updates »

New Jersey Update: Choice of Law Provisions and Arbitration Agreements in Employment Contracts

On February 26, 2024, the Appellate Division of the Superior Court of New Jersey affirmed the trial court’s decision in Aguirre v. CDL Last Mile Solutions, denying defendant CDL Last Mile’s motion to compel arbitration…more

Arbitration, Arbitration Agreements, Employment Contract, New Jersey

See all updates »

New NEPA Rule Eases Permitting Process while Advancing Environmental Justice

On the final day of April 2024, a week and a half after Earth Day, the Biden-Harris Administration announced that the White House Council on Environmental Quality (CEQ) finalized a rule intended to simplify and modernize the…more

CEQ, Environmental Justice, Final Rules, NEPA, Permits

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[Webinar] When and How to Tender a Claim - April 18th, 12:00 pm - 1:00 pm EDT

How can you realize the many benefits of tendering a claim in the most efficient, effective way possible? In this free, interactive webinar, Goldberg Segalla partners Sarah J. Delaney and Lisa M. Only will provide the tools you…more

Insurance Adjusters, Insurance Claims, Insurance Contracts, Insurance Industry, Insurance Litigation

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[Webinar] Occupational Exposure/Repetitive Motion Claims – New Jersey and Beyond - May 16th, 1:30 pm - 2:30 pm EDT

Occupational exposure claims usually become litigated. Ever wonder what your attorney is doing to evaluate and investigate the case behind the scenes? Join us for a look into the law and how to best posture these workers’…more

New Jersey, Occupational Exposure, Webinars, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

[Webinar] Tips and Tactics to Settle “Old Dog” Claims - February 15th, 12:00 pm - 1:00 pm EST

Unlike a bottle of fine wine, legacy claims – or “old dogs” – do not get better with age. Whether you are an employer, a risk manager, or a claims professional, Goldberg Segalla partners Tim Dunbrack, Jill Forman Marks, and…more

Brokers, Chief Risk Officers (CRO), Mediation, Settlement Agreements, Settlement Negotiations

See all updates »

[Webinar] Loading and Unloading Under GL and Auto Policies: 2023 - September 12th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding how courts interpret the relationship between commercial general liability and business auto policies. Ashlyn and Adam will discuss…more

Auto Insurance, Automotive Industry, Car Accident, Commercial General Liability Policies, Duty to Defend

See all updates »

Brokers Better Be Ready for Bitcoin ETFs

KEY TAKEAWAYS - The U.S. Securities and Exchange Commission (SEC) has approved the first spot Bitcoin ETFs, also known as an exchange-traded product (ETP.) With the SEC now permitting spot Bitcoin ETFs, brokers must become…more

Bitcoin, Brokers, Compliance, Cryptocurrency, ETFs

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Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

Evidence Preservation: Handling the Issues in New York and New Jersey

In New York and New Jersey, parties have certain duties to ensure preservation of evidence. Join Goldberg Segalla’s Rosa D. Forrester and Aaron M. VanNostrand for a discussion of when those duties are triggered, how to comply,…more

Data Preservation, Duty to Preserve, Evidence, Failure To Preserve, New Jersey

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New York “Adult Survivors Act” Becomes Law

Key Takeaways - New York’s Adult Survivors Act was signed into law on Tuesday, May 24, 2022. The Adult Survivors Act establishes a one-year window that opens in six months for survivors of sexual offenses who were 18…more

Insurance Industry, Sexual Abuse, Sexual Assault, State and Local Government, Statute of Limitations

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Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for Jurisdictional Discovery

State of New York, Supreme Court, County of Monroe, May 16, 2022 - Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued…more

Asbestos, Asbestos Litigation, Discovery, Jurisdiction, Mesothelioma

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Update on Medical Marijuana Reimbursements in Pennsylvania

In 2023, there were several separate Commonwealth Court opinions that addressed payment of medical marijuana and CBD oil prescriptions per the PA Workers’ Compensation Act. On March 17, 2023, the court first issued opinions for…more

Cannabidiol (CBD) oil, Health Care Providers, Labor Law Violations, Medical Marijuana, Pennsylvania

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New Jersey Supreme Court Issues New Opinion Clarifying “Authorized Vehicle Rule”

Key Takeaways - A November 21 decision by the New Jersey Supreme Court clarifying the authorized vehicle rule of the state’s Workers’ Compensation Act has implications for employers throughout New Jersey. The case involved…more

Car Accident, Employment Policies, Liability, NJ Supreme Court, Workers Compensation Act

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What Small Businesses Should Know about Changes to the Corporate Transparency Act

Effective January 1, 2024 the Corporate Transparency Act requires small businesses with fewer than 20 employees to report their ownership information to the U.S. Department of Treasury Financial Crimes Enforcement Network…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

See all updates »

Supreme Court Clarifies Standard Employees Must Show for Title VII Discrimination Claims

On April 17, the U.S. Supreme Court rendered an opinion in Muldrow v. City of St. Louis resolving a circuit split over what standard an employee challenging a transfer under the anti-discrimination provision of Title VII must…more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employment Discrimination

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity…more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

See all updates »

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind the…more

Bodily Injury, Chief Risk Officers (CRO), Claims Adjusters, Corporate Counsel, Energy Sector

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[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most…more

Additional Insured, Assault, Bad Faith, Battery, Commercial General Liability Policies

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How Much Is Too Much? Drinking, Drugs, and Trucking

“But I only had two beers.” “But it’s legal in this state.” “But my doctor prescribed it.” No. No. And maybe not. Those excuses don’t cut it when it comes to a truck driver failing a federally prescribed test for drugs or…more

Commercial Truck Drivers, Controlled Substances, Drug Testing, DUI, Opioid

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Taking the Pain Out of the Complex Regional Pain Syndrome Medical Treatment Guidelines from the NY Workers’ Compensation Board

Key Takeaways - The NY Workers’ Compensation Board has announced new Medical Treatment Guidelines—including new Guidelines covering Complex Regional Pain Syndrome—become effective on May 2, 2022. The extensive Guidelines…more

Algorithms, Employer Liability Issues, New Guidance, Workers Compensation Board, Workers' Compensation Claim

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[Webinar] A Pennsylvania Primer: Critical Insurance Coverage Issues in the Keystone State - November 14th, 12:00 pm - 1:00 pm EST

Pennsylvania presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton, Colleen E. Hayes and Sean P. Hvisdas as they host a live, interactive webinar…more

Additional Insured, Bad Faith, Denial of Insurance Coverage, Duty to Defend, Extrinsic Evidence

See all updates »

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

Attorneys General from 23 States Petition to End EPA's Use of Disparate Impact In Regulating Pollution

Attorneys General from 23 states have filed a petition for rulemaking with the Environmental Protection Agency demanding the agency stop using Title VI of the Civil Rights Act of 1964 when regulating pollution. The petition, the…more

Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Environmental Justice, Environmental Protection Agency (EPA)

See all updates »

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most…more

Additional Insured, Assault, Bad Faith, Battery, Commercial General Liability Policies

See all updates »

With Mounting Litigation from Multiple Courts, SEC Stays its New Climate Disclosure Rules

Last month, our readers will recall that we reported on some pushback raised regarding the new climate disclosure rules promulgated by the U.S. Securities and Exchange Commission requiring publicly traded registrants to provide…more

Climate Change, Compliance, Disclosure Requirements, Final Rules, Publicly-Traded Companies

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[Webinar] Occupational Exposure/Repetitive Motion Claims – New Jersey and Beyond - May 16th, 1:30 pm - 2:30 pm EDT

Occupational exposure claims usually become litigated. Ever wonder what your attorney is doing to evaluate and investigate the case behind the scenes? Join us for a look into the law and how to best posture these workers’…more

New Jersey, Occupational Exposure, Webinars, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

Court Denies Railway Company’s Renewed Motion for Spoliation; Agrees to Bifurcate Trial

Court: United States District Court for the District of Montana, Great Falls Division In connection to defendant Burlington Northern Santa Fe Railway Company’s ongoing litigation in Libby, Montana (covered extensively by the…more

Asbestos, Asbestos Litigation, Federal Rules of Civil Procedure, Good Cause, Mesothelioma

See all updates »

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity…more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

See all updates »

NC Supreme Court Clarifies Requirements for Accessing Causality of Medical Treatment in Workers’ Compensation Cases

It is well established that under the North Carolina workers’ compensation law, the question of whether a specific medical treatment is compensable or not hinges largely on the causal relationship between the treatment sought…more

Appeals, NC Supreme Court, Workers' Compensation Claim

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N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary…more

Appellate Courts, Auto Insurance, Declaration, New Jersey

See all updates »

Big Wheel Keep on Turnin’, EPA Keep on Churnin’ Out Regulations

Stationary combustion turbines, often referred to as gas turbines, are used to generate high volumes of electricity at power stations, dams, and industrial centers. Despite their size, noise, and prodigious output, these engines…more

Clean Air Act, Energy Sector, Environmental Policies, Environmental Protection Agency (EPA), Regulatory Agenda

See all updates »

Heat-Related Illnesses under New Jersey Workers’ Compensation Law

With summer in full swing accompanied by record-high temperatures, employers should consider developing and implementing measures to mitigate  the risk of employees developing heat-related illnesses while working outside…more

Employer Liability Issues, Health and Safety, Heat Exposure, New Jersey, Occupational Exposure

See all updates »

Punitive Damages Now Allowed in Illinois Wrongful Death Cases

Key Takeaways - Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions. Punitive damages are now recoverable in wrongful death claims on…more

Bodily Injury, Illinois, Negligence, New Legislation, Punitive Damages

See all updates »

Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine

Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from…more

Asbestos, Asbestos Litigation, Manufacturers, Occupational Exposure, Summary Judgment

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Does the Statute of Limitations Ever Apply in Pennsylvania Legal Malpractice Claims?

That’s the question on the minds of many in the legal malpractice community after a noteworthy decision in Pennsylvania. It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a…more

Attorney Malpractice, Breach of Contract, Pennsylvania, Statute of Limitations

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Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

NYSHRL’s Source of Income Discrimination Statute Unconstitutional

Key Takeaways - New York State Human Rights Law source-of-income anti-discrimination statute held as unconstitutional. People v. Commons W., LLC underscores the challenging balance between promoting equitable housing practices…more

Anti-Discrimination Policies, Housing Discrimination, Human Rights, New Amendments, New York

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Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

Federal Circuit Further Clarifies IPR Estoppel in California Institute of Technology v. Broadcom Limited

Key Takeaways - Inter partes review (IPR) estoppel applies to all invalidity grounds that were and could have been reasonably asserted against the claims challenged in the IPR petition. Parties should decide whether to…more

Due Diligence, Estoppel, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Litigation

See all updates »

Is a Workers’ Compensation Claimant Entitled to Temporary Total Indemnity Benefits after Retirement in Connecticut?

Key Takeaways - Under Conn. Gen. Stat. § 31-307 (a), in order for a claimant to be entitled to temporary total indemnity benefits, his injury must result in a total incapacity to work, defined as “the inability of the…more

Appeals, Indemnity Claim, Workers' Compensation Claim

See all updates »

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

See all updates »

Cosmetic Talc Manufacturer Denied Motion for Summary Judgment Regarding Punitive Damages

Jurisdiction: Supreme Court of New York, New York County; October 5, 2023 - Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others,…more

Asbestos, Asbestos Litigation, Motion for Summary Judgment, NY Supreme Court, Punitive Damages

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US DOL Announces Final Rule on Classification of Workers as Employees or Independent Contractors under FLSA

Key Takeaways - -The Department of Labor recently clarified a critical distinction between an employee and an independent contractor. -The courts will no longer use the Trump-era rule that focused on two core factors:…more

Classification, Department of Labor (DOL), Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Greenhouse Gas Regulation Heats Up as EPA Finalizes Rule for Reducing & Reporting Methane Emissions

After much anticipation, the Environmental Protection Agency issued its final rule this week aimed at cutting methane emissions as well as strengthening and updating greenhouse gas emissions (GHG) reporting for the oil and gas…more

Department of Justice (DOJ), Final Rules, Greenhouse Gas Emissions, Inflation Reduction Act (IRA), Methane

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[Webinar] Tips and Tactics to Settle “Old Dog” Claims - February 15th, 12:00 pm - 1:00 pm EST

Unlike a bottle of fine wine, legacy claims – or “old dogs” – do not get better with age. Whether you are an employer, a risk manager, or a claims professional, Goldberg Segalla partners Tim Dunbrack, Jill Forman Marks, and…more

Brokers, Chief Risk Officers (CRO), Mediation, Settlement Agreements, Settlement Negotiations

See all updates »

[Webinar] The Fungus Among Us: Proactive Strategies for Adjustment of Mold-Related Claims - March 28th, 12:00 pm - 1:00 pm EDT

In this webinar, Goldberg Segalla’s Larry D. Mason and Kerry L. Jones will explore the primary fungi that serve as the foundation for most mold-related claims, common health problems associated with insured’s and third-party…more

Defense Strategies, First-Party Coverage, Insurance Adjusters, Insurance Claims, Insurance Industry

See all updates »

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

Federal Circuit Further Clarifies IPR Estoppel in California Institute of Technology v. Broadcom Limited

Key Takeaways - Inter partes review (IPR) estoppel applies to all invalidity grounds that were and could have been reasonably asserted against the claims challenged in the IPR petition. Parties should decide whether to…more

Due Diligence, Estoppel, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Litigation

See all updates »

Supreme Court Clarifies Standard Employees Must Show for Title VII Discrimination Claims

On April 17, the U.S. Supreme Court rendered an opinion in Muldrow v. City of St. Louis resolving a circuit split over what standard an employee challenging a transfer under the anti-discrimination provision of Title VII must…more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employment Discrimination

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NYSHRL’s Source of Income Discrimination Statute Unconstitutional

Key Takeaways - New York State Human Rights Law source-of-income anti-discrimination statute held as unconstitutional. People v. Commons W., LLC underscores the challenging balance between promoting equitable housing practices…more

Anti-Discrimination Policies, Housing Discrimination, Human Rights, New Amendments, New York

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Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

[Webinar] How to Defend a Workers’ Compensation Provider Dispute Brought in the No-Fault Arena - February 27th, 12:00 pm - 1:00 pm EST

Don’t you hate it when a medical provider contests a billing dispute in the NY No-Fault arena, with its provider-friendly rules, when the provider knows (or should have known) that billing disputes in workers’ compensation…more

Arbitration, Billing, Dispute Resolution, New York, Webinars

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[Webinar] Labor Law Update: Spring 2024 - April 16th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This…more

Appeals, Construction Industry, Construction Workers, Employer Liability Issues, Employment Litigation

See all updates »

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity…more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

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Employers in New York City Must Provide Salary Information in Job Ads Effective May 15

In its effort to achieve pay equity and transparency, the New York City Council passed an amendment to the New York City Human Rights Law (NYCHRL) to create Section 8-107(32). The amendment—which becomes effective on May 15,…more

Amended Legislation, Employer Liability Issues, Equal Pay, Hiring & Firing, Job Ads

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Fraud Doesn't Pay in New York – February 2024 Update

As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment of examples of our success in the area of fraud litigation. This report was originally conceptualized nearly three years ago as a…more

False Statements, Fraud, Investigations, Medical Records, Misrepresentation

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Primary Defendants Broker Settlements of Major PFAS Litigation

Over the last seven days, there have been news reports that major companies embroiled in PFAS litigation — particularly the Aqueous Film Forming Foam (AFFF) MDL in federal court, South Carolina — reached, or are on the cusp of…more

Drinking Water, Hazardous Substances, Multidistrict Litigation, PFAS, Toxic Chemicals

See all updates »

What Private Sector Employers Can Learn from the EEOC Annual Performance Report

Key Takeaways - The EEOC report released in March confirms that employee discrimination claims remain on the rise Early mediation and conciliation remain a top priority for the EEOC to resolve employer/employee issues…more

Annual Reports, Compliance, Corporate Counsel, Employer Liability Issues, Enforcement Priorities

See all updates »

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that judges,…more

Attorney's Fees, Employer Liability Issues, Workers Compensation Board, Workers' Compensation Claim

See all updates »

[Webinar] Practical and Tactical Approach to Good Faith Claims Handling in the Current Bad Faith Environment - March 22nd, 12:00 pm - 1:00 pm EDT

Bad faith is a continuum and must be considered from claims stage to trial. Insurance law veterans Thomas F. Segalla and Colleen M. Murphy will help you understand tools and potential solutions to the challenges faced by claims…more

Bad Faith, Good Faith, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Supreme Court Clarifies Standard Employees Must Show for Title VII Discrimination Claims

On April 17, the U.S. Supreme Court rendered an opinion in Muldrow v. City of St. Louis resolving a circuit split over what standard an employee challenging a transfer under the anti-discrimination provision of Title VII must…more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employment Discrimination

See all updates »

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability…more

Commercial General Liability Policies, Construction Industry, Construction Workers, Employer Liability Issues, Exceptions

See all updates »

[Webinar] Excess Insurance: A Basic Primer for Handling High-Value Exposures - May 16th, 12:00 pm - 1:00 pm EDT

Join Goldberg Segalla attorneys Zachary D. Oliva and Thomas M. Wester for a free interactive webinar as they discuss the duties and obligations of excess insurers when presented with high-value claims…more

Excess Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

See all updates »

Fraud Doesn’t Pay in New York – August 2023 Update

An Overview of Recent Decisions Demonstrating the Board’s Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment showing our continued success…more

Compensation, Fraud, Lost Wages, Medical Bills, Medical Records

See all updates »

[Webinar] When and How to Tender a Claim - April 18th, 12:00 pm - 1:00 pm EDT

How can you realize the many benefits of tendering a claim in the most efficient, effective way possible? In this free, interactive webinar, Goldberg Segalla partners Sarah J. Delaney and Lisa M. Only will provide the tools you…more

Insurance Adjusters, Insurance Claims, Insurance Contracts, Insurance Industry, Insurance Litigation

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Professional Employer Organizations See Rare Workers’ Compensation Coverage Win at New York Third Department

Key Takeaways - The New York Third Department for the first time found no coverage on the part of Professional Employer Organizations for a non-leased employee Professional Employer Organizations must continue to provide…more

Employer Liability Issues, New York, Workers Compensation Awards, Workers' Compensation Claim, Workers' Compensation Defense

See all updates »

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

Form Filing Update: NY WCB Distinguishes Between TTD and PPD Benefits

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact which form you use when requesting a hearing to reduce or address rates Effective July 3, 2023, Forms C-25 and C-27 have been…more

Employer Liability Issues, Updated Forms, Workers Compensation Board, Workers' Compensation Claim, Workplace Injury

See all updates »

Motion for Final Approval of DuPont Class Settlement Granted

Background - An MDL was formed in South Carolina in 2018 to litigate allegations of PFAS contamination from the use of specific PFAS-containing Aqueous Film-Forming Foam (AFFF MDL). In the past year, two defendants — DuPont…more

Contaminated Properties, Drinking Water, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind the…more

Bodily Injury, Chief Risk Officers (CRO), Claims Adjusters, Corporate Counsel, Energy Sector

See all updates »

Is a Workers’ Compensation Claimant Entitled to Temporary Total Indemnity Benefits after Retirement in Connecticut?

Key Takeaways - Under Conn. Gen. Stat. § 31-307 (a), in order for a claimant to be entitled to temporary total indemnity benefits, his injury must result in a total incapacity to work, defined as “the inability of the…more

Appeals, Indemnity Claim, Workers' Compensation Claim

See all updates »

Goldberg Segalla Product Liability Series: Containing Nuclear and Thermo Nuclear Verdicts

As jury verdicts across the country are on an upward trajectory into the hundreds of millions and in some cases billions of dollars, this calls for a different litigation and trial strategy to contain the awards and minimize the…more

Bodily Injury, Insurance Industry, Litigation Fees & Costs, Nuclear Power

See all updates »

[Webinar] Don't Sleep on Workers' Compensation Immunity - November 16th, 12:00 pm - 1:00 pm ET

A single incident can generate a tort claim, a workers’ compensation claim, both, or neither. This webinar will help you identify the important questions you need to ask in order to defend your case, including whether the claim…more

Employer Liability Issues, Immunity, Webinars, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order…more

Attorney's Fees, Employer Liability Issues, Penalties, State Labor Laws, Workers Compensation Awards

See all updates »

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that judges,…more

Attorney's Fees, Employer Liability Issues, Workers Compensation Board, Workers' Compensation Claim

See all updates »

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

Does the Statute of Limitations Ever Apply in Pennsylvania Legal Malpractice Claims?

That’s the question on the minds of many in the legal malpractice community after a noteworthy decision in Pennsylvania. It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a…more

Attorney Malpractice, Breach of Contract, Pennsylvania, Statute of Limitations

See all updates »

EEOC’s Updated Harassment Guidance Addresses Emerging Workplace Issues

The EEOC’s proposed guidance - - If passed, represents the first update to harassment enforcement in nearly 25 years. - Attempts to modernize previously issued guidance by addressing emerging workplace issues and…more

Anti-Harassment Policies, Bostock v Clayton County Georgia, Employment Policies, Enforcement, Equal Employment Opportunity Commission (EEOC)

See all updates »

[Webinar] Jurisdiction Update: Asbestos Litigation in New York, New Jersey & Pennsylvania - February 28th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla for an informational webinar addressing the latest updates in asbestos litigation in New York, New Jersey, and Pennsylvania. Join Christina A. Gonzales, David E. Rutkowski, Andrew J. Scholz, and Elizabeth…more

Asbestos, Asbestos Litigation, Case Management, Jury Trial, Jury Verdicts

See all updates »

2023 Second Quarterly Asbestos Bankruptcy Trust Alert

Many bankruptcy trusts expanded their approved jobsite lists in the second quarter of 2023, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts also…more

Asbestos, Class Action, Compensation, Punitive Damages

See all updates »

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary…more

Appellate Courts, Auto Insurance, Declaration, New Jersey

See all updates »

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor…more

New York, State and Local Government

See all updates »

Waste Reduction Programs to Take on Climate Change

In 2015, California’s former governor Edmund Brown Jr. set methane emissions-reduction targets for the state. Senate Bill 1383 requires that California reduce organic waste disposal 75 percent by the year 2025. Although most…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Landfills, Methane

See all updates »

[Webinar] Practical and Tactical Approach to Good Faith Claims Handling in the Current Bad Faith Environment - March 22nd, 12:00 pm - 1:00 pm EDT

Bad faith is a continuum and must be considered from claims stage to trial. Insurance law veterans Thomas F. Segalla and Colleen M. Murphy will help you understand tools and potential solutions to the challenges faced by claims…more

Bad Faith, Good Faith, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Federal Circuit Further Clarifies IPR Estoppel in California Institute of Technology v. Broadcom Limited

Key Takeaways - Inter partes review (IPR) estoppel applies to all invalidity grounds that were and could have been reasonably asserted against the claims challenged in the IPR petition. Parties should decide whether to…more

Due Diligence, Estoppel, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Litigation

See all updates »

What Private Sector Employers Can Learn from the EEOC Annual Performance Report

Key Takeaways - The EEOC report released in March confirms that employee discrimination claims remain on the rise Early mediation and conciliation remain a top priority for the EEOC to resolve employer/employee issues…more

Annual Reports, Compliance, Corporate Counsel, Employer Liability Issues, Enforcement Priorities

See all updates »

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

Americans with Disabilities Act (ADA), Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

See all updates »

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor…more

New York, State and Local Government

See all updates »

[Webinar] Handling Trucking Claims: A Primer on Common Liability and Coverage Issues - June 27th, 12:00 pm - 1:00 pm ET

Attorneys from Goldberg Segalla’s Global Insurance Services and Transportation practice groups will provide a free, interactive webinar on some of the common liability and coverage issues arising from claims involving trucking…more

Auto Insurance, Cross-Claims, Denial of Insurance Coverage, Insurance Agents, Insurance Claims

See all updates »

Avoid Sanctions by Reading the Rules and Admitting a Mistake

Read the rules. Let’s say it again: Read. The. Rules. On February 16, the U.S. Court of Appeals for the Federal Circuit issued a strong reminder to attorneys about the importance of reading the applicable rules of court and…more

Appeals, Appellate Courts, Oral Argument, Rules of Court, Sanctions

See all updates »

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary…more

Appellate Courts, Auto Insurance, Declaration, New Jersey

See all updates »

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

See all updates »

Don’t you know that you’re toxic? EPA spears most uses of controversial solvent.

In late April, the U.S. Environmental Protection Agency issued a ban on most uses of methylene chloride, a toxic solvent used for paint stripping and linked to over 85 deaths in the last 45 years. The ban forbids all consumer…more

Environmental Policies, Environmental Protection Agency (EPA), Manufacturers, Proposed Rules, Toxic Chemicals

See all updates »

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

Americans with Disabilities Act (ADA), Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

See all updates »

Tips on Protecting Trade Secrets after FTC Bans Non-competes

On April 23, the Federal Trade Commission issued its final rule banning non-compete agreements nationwide, with the aim of “protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new…more

Confidential Information, Contract Terms, Employment Contract, Federal Trade Commission (FTC), Intellectual Property Protection

See all updates »

EPA Reopens Pandora’s Box with CERCLA Designations of PFOA & PFOS; Seeks to Minimize Apprehension with Enforcement Policy

As our readers are likely familiar from our past blog posts here, here and here, in September 2022, EPA proposed to designate PFOA and PFOS as hazardous substances under section 102(a) of Comprehensive Environmental Response,…more

Airports, CERCLA, Contamination, Enforcement, Environmental Policies

See all updates »

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability…more

Commercial General Liability Policies, Construction Industry, Construction Workers, Employer Liability Issues, Exceptions

See all updates »

[Webinar] Mitigating Workers’ Compensation Exposure for New York Employers - November 3rd, 11:00 am - 12:00 pm EDT

In workers’ compensation, it may seem like the deck is stacked against the employer. However, there are still plenty of ways to mitigate your exposure. Join Goldberg Segalla partner Philip Unwin for this complementary webinar…more

Employer Liability Issues, Job Duties, Light-Duty Positions, New York, Webinars

See all updates »

Investigating Jurisdiction Defenses in Medical Provider Claims Concerning Construction Workers in New Jersey

Key Takeaways - New Jersey can exercise jurisdiction over a medical provider claim if they can exercise jurisdiction over the underlying claim. The New Jersey Appellate Division set forth six factors to determine whether…more

Construction Workers, Jurisdiction, New Jersey, Unions, Workplace Injury

See all updates »

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

Americans with Disabilities Act (ADA), Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

See all updates »

Goldberg Segalla Product Liability Series: Containing Nuclear and Thermo Nuclear Verdicts

As jury verdicts across the country are on an upward trajectory into the hundreds of millions and in some cases billions of dollars, this calls for a different litigation and trial strategy to contain the awards and minimize the…more

Bodily Injury, Insurance Industry, Litigation Fees & Costs, Nuclear Power

See all updates »

[Webinar] Excess Insurance: A Basic Primer for Handling High-Value Exposures - May 16th, 12:00 pm - 1:00 pm EDT

Join Goldberg Segalla attorneys Zachary D. Oliva and Thomas M. Wester for a free interactive webinar as they discuss the duties and obligations of excess insurers when presented with high-value claims…more

Excess Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

See all updates »

New Jersey Supreme Court limits the LAD's reach as to religious institutions, but will it last?

Key Takeaways - The New Jersey Supreme Court recently ruled that the Law Against Discrimination (LAD) contained an express exception for religious organizations that make employment decisions based on employment criteria…more

Anti-Discrimination Policies, Civil Rights Act, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), First Amendment

See all updates »

What Small Businesses Should Know about Changes to the Corporate Transparency Act

Effective January 1, 2024 the Corporate Transparency Act requires small businesses with fewer than 20 employees to report their ownership information to the U.S. Department of Treasury Financial Crimes Enforcement Network…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

See all updates »

Not My Employee – How Professional Employment Organizations Can Protect Against Unnecessary Liability

During a recent court session, I witnessed a judge enter an order compelling a Professional Employment Organization (PEO) to pay benefits without prejudice for an employee who was in no way associated with the PEO, according to…more

Employer Liability Issues, Professional Employer Organization, State Labor Laws, Workers Compensation Board, Workers' Compensation Claim

See all updates »

NY Court of Appeals Rejects Claim that COVID-19 Caused Physical Loss or Damage to Property

On January 10, 2024, the New York State Court of Appeals – the state’s highest court – heard oral argument on an insurance coverage dispute for plaintiff Consolidated Restaurant Operations’ (CRO) business interruption claim…more

Appeals, Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19

See all updates »

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Updated: Dec 28, 2021:

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Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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