Author Info for Rivkin Radler LLP

Mary Aperance

FCA Case Against Insurers Alleges Kickbacks and Discriminatory Practices

On May 1, a whistleblower filed a complaint under the federal False Claims Act (FCA) against Aetna, Elevance Health (formerly Anthem) and Humana alleging that the insurers paid hundreds of millions of dollars in illegal…more

Discrimination, Enforcement Actions, False Claims Act (FCA), Health Insurance, Insurance Industry

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Ada Janocinska

OCR Announces $800,000 HIPAA Settlement with Florida Health System

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has announced another settlement for alleged violations of HIPAA. OCR investigated BayCare Health System, which serves central Florida, after a…more

Corrective Action Plans (CAPs), Data Breach, Data Privacy, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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Jennifer Abreu

High-Profile Sports Insurance Fraud Rings: A Recent Conviction

No health insurance benefit program, no matter how high profile, is immune to the temptations of insurance fraud. In the past, multiple former NFL players pleaded guilty to defrauding the NFL Player Health Reimbursement Account…more

Employee Benefits, Essential Health Benefits, Health Care Providers, Healthcare Fraud, Indictments

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Krystal Armstrong

Supreme Court Decision Limits Trustees’ Ability to Pursue Fraudulent Transfer Actions

The Supreme Court recently issued an opinion, resolving a circuit split, narrowing the sovereign immunity exception by limiting a trustee’s ability to pursue avoidance actions against the government when such action invokes the…more

Adversary Proceedings, Bankruptcy Code, Bankruptcy Trustees, Creditors, Fraudulent Transfers

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Khoren Bandazian

5 Factors to Help Smooth a Syndication Deal

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…more

Acquisitions, Client Communication, Disclosure, Investors, IRS

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Brian Bank

New York Courts to Expand Virtual Operations Beyond Non-Essential Matters

On April 6, 2020, Chief Judge Janet DiFiore announced that the virtual operations currently in place to address essential and emergency matters will expand to include non-essential matters, effectively restoring many matters to…more

Coronavirus/COVID-19, Court Closures, Court Schedules, State of Emergency, Virtual Litigation

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Christina Bezas

Considerations for a Safe Holiday Season

The holiday season is a magical time of year in New York, filled with excitement, celebration, and festive cheer. It is also one of the busiest, from holiday gatherings to decorating and holiday shopping. The hustle of the…more

Fires, Health and Safety, Holidays, Homeowners, Liability Insurance

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Michelle Bholan

New York Courts to Expand Virtual Operations Beyond Non-Essential Matters

On April 6, 2020, Chief Judge Janet DiFiore announced that the virtual operations currently in place to address essential and emergency matters will expand to include non-essential matters, effectively restoring many matters to…more

Coronavirus/COVID-19, Court Closures, Court Schedules, State of Emergency, Virtual Litigation

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Lindsay Brocki

Corporate Transparency Act Obligations for U.S. Companies Are No More

After many years of ups and downs, legal challenges, injunctions and deadline changes, the reporting obligations under the Corporate Transparency Act (CTA) have disappeared…for most. On Friday, March 21, 2025, the Financial…more

Beneficial Owner, Comment Period, Corporate Transparency Act, Filing Deadlines, FinCEN

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Jonathan Bruno

New Jersey Issues Guidance To Attorneys Regarding ‘Reply All’ Emails

Last week, New Jersey’s Advisory Committee on Professional Ethics issued an opinion regarding the use of “Reply All” on emails. The opinion responded to a question posed by an attorney who often copies his own clients on emails…more

Advisory Committee, Email, Ethical Standards, New Jersey, State Bar Associations

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Michael Cannata

There’s Coverage for That? The ‘Ins & Outs’ of Personal & Advertising Injury Coverage

Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising”…more

Advertising, Commercial General Liability Policies, Copyright Infringement, Defamation, Disparagement

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Margarita Christoforou

Insurance Fraud Scheme Lands Chiropractor In Prison

The U.S. Department of Justice (DOJ) announced on April 13 that James Spina, a licensed chiropractor and the unlawful operator of Dolson Avenue Medical, P.C. (DAM), was sentenced to nine years in prison and three years of…more

Chiropractors, Civil Monetary Penalty, Department of Justice (DOJ), Fraud, Health Care Providers

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William Cornachio

Courts Leave Landlords in the Lurch on Guaranty Law

Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later, the…more

Business Closures, CARES Act, Commercial Leases, Coronavirus/COVID-19, Guarantors

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Catalina De La Hoz

New York Courts to Expand Virtual Operations Beyond Non-Essential Matters

On April 6, 2020, Chief Judge Janet DiFiore announced that the virtual operations currently in place to address essential and emergency matters will expand to include non-essential matters, effectively restoring many matters to…more

Coronavirus/COVID-19, Court Closures, Court Schedules, State of Emergency, Virtual Litigation

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Melissa Dearing

H-1B Registration Opens in 2 Weeks

Each year, the United States Citizenship & Immigration Services (USCIS) conducts an H-1B registration selection process for foreign nationals who have not previously held H-1B status. The H-1B cap registration period for fiscal…more

Employment Authorization Documents (EAD), Employment Policies, Foreign Nationals, Foreign Workers, H-1B

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Nancy Del Pizzo

The SOS of Online Sales: Selling Online Safely

Selling goods or services online can be a challenge, as there are various legal issues to consider. Here are my top 10 recommendations for protecting your rights when using the internet as a tool for sales or licenses: 1. If…more

Authorship, Consumer Protection Laws, Copyright, Data Privacy, E-Commerce

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John Diviney

NY Amends Home Care Worker Minimum Wage

One of the many new provisions enacted as part of the 2023-2024 New York State Budget was an increase in the minimum wage for home care workers. Initially, it is important to note that the $1 hourly increase in the minimum wage…more

Home Healthcare Workers, Minimum Wage, New Regulations, New York

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Jeffrey Ehrhardt

NYS DOH Releases New Electronic Material Transaction Form

Just last week, we reported that the 2025/26 NYS Budget Bill did not include a provision that would have increased the requirements for seeking Department of Health (DOH) approval of a material healthcare transaction (which…more

Acquisitions, Disclosure Requirements, Government Agencies, Healthcare, Healthcare Facilities

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Joanne Engeldrum

June 2025 New York Insurance Coverage Law Update

A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its…more

Appeals, Bad Faith, Breach of Contract, Commercial General Liability Policies, Covenant of Good Faith and Fair Dealing

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Harvey Epstein

Remote Participation in Shareholder Meetings in the Age of Coronavirus (Updated)

UPDATE - After this article was published, New York Governor Andrew Cuomo issued an executive order clarifying this issue. According to the order, due to the coronavirus pandemic, until April 19, 2020, companies incorporated…more

Coronavirus/COVID-19, Disclosure Requirements, Governor Cuomo, Notification Requirements, Proxy Season

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Eric Fader

Some COVID-Era Medicare Telehealth Waivers Extended through March 31

The American Relief Act, 2025, signed into law on December 21, included a short-term extension of certain telehealth waivers that went into effect in the early days of the COVID-19 Public Health Emergency. These waivers, for…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Reform, Medicaid

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Brian Feld

COVID-19 Update: Federal Relief Bill

President Trump on March 18, 2020, signed the Families First Coronavirus Response Act (COVID-19 Bill) to provide emergency relief to businesses and employees in response to the coronavirus pandemic. The COVID-19 Bill will become…more

Coronavirus/COVID-19, EFMLA, EPSLA, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Joseph La Ferlita

BEWARE: Redemption Agreement Funded with Corporate-Owned Life Insurance

On June 6, 2024, in the case of Connelly v. United States, the United States Supreme Court determined that corporate-owned life insurance proceeds used to redeem a decedent’s shares in the corporation must be included when…more

Business Succession, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States, Estate Planning

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Scott Feuer

Hidden Benefits of the Paycheck Protection Program for Landlords and Tenants

With “stay at home” orders in effect throughout the United States, business has come to a virtual standstill in many markets, resulting in the closure of stores and offices, layoffs and furloughs of employees and other actions…more

Commercial Tenants, Landlords, Loan Forgiveness, Paycheck Protection Program (PPP), Payroll Taxes

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Avigael Fyman

NY’s Enhanced Anti-SLAPP Law May Help Defend 3rd-Party Claims against Attorneys

New York has recently enacted a new anti-SLAPP (strategic lawsuits against public participation) statute, which provides additional remedies for the defense of frivolous lawsuits brought to deter the exercise of free speech and…more

Anti-SLAPP, Civil Rights Act, Free Speech, Frivolous Lawsuits, RICO

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Caitlyn Gibbons

NY’s New Employment Law Targets Privacy Concerns

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…more

Anti-Retaliation Provisions, Electronic Communications, Employees, Hiring & Firing, New York

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Laura Gindele

COVID Biz Interruption Coverage Denied by NY Court of Appeals

On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint…more

Appellate Courts, Business Closures, Business Interruption, Contract Interpretation, Coronavirus/COVID-19

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Erez Glambosky

New York Halts All Non-Essential Construction

Amid the exponential increase of COVID-19 cases in the State of New York and, more specifically in New York City, Governor Cuomo issued an order requiring all “non-essential” construction in the State of New York to shut down,…more

Construction Industry, Executive Orders, Governor Cuomo, Non-Essential Businesses, Public Health Emergency

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Tim Gonzalez

FCA Delivers: Government Recovered $2.9 Billion in 2024

The U.S. Department of Justice (DOJ) recovered $2.9 billion under the False Claims Act (FCA) in 2024, a 5% bump from 2023. This total represents the most recovered since 2021 and reaffirms the FCA’s central role in the…more

Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud, Fraud and Abuse

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Stuart Gordon

Supreme Court Decision Limits Trustees’ Ability to Pursue Fraudulent Transfer Actions

The Supreme Court recently issued an opinion, resolving a circuit split, narrowing the sovereign immunity exception by limiting a trustee’s ability to pursue avoidance actions against the government when such action invokes the…more

Adversary Proceedings, Bankruptcy Code, Bankruptcy Trustees, Creditors, Fraudulent Transfers

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Joel Greenberg

Recent State Law Makes It a Crime to Withhold Wages

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…more

Bad Faith, Compensation & Benefits, New York, State Labor Laws, Wage Theft

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Jeffrey Greener

Don’t Give Your House to Your Children (While You’re Alive)

Many of us would like our children to inherit our home once we are gone. More than a few of us think it makes sense to give our home to our children while we are still living. That is not a good idea! Here’s why. Loss of…more

Capital Gains, Estate Planning, Homeowners, Step-Up Basis, Tax Exemptions

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David Grill

Changes in NY Law Significantly Affect Retainage Withheld in Private Construction Contracts

On Friday, November 17, 2023, Governor Hochul signed into law a bill which limits the retainage held on construction contracts for private improvements to 5% of the contract price from inception of the project – this applies to…more

Construction Contracts, Construction Industry, Contract Price, Contract Terms, Contractors

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Amanda Griner

Federal Courts Issue Orders Modifying Procedures For Highly Sensitive Documents

Cyber security breaches have been widespread recently, prompting business and government agencies alike to implement new rules, regulations and protocols to protect confidential personal information. Most recently, the federal…more

Cybersecurity, Data Breach, Electronic Filing, Federal Judiciary, Personal Information

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Walter Gumersell

BEWARE: Redemption Agreement Funded with Corporate-Owned Life Insurance

On June 6, 2024, in the case of Connelly v. United States, the United States Supreme Court determined that corporate-owned life insurance proceeds used to redeem a decedent’s shares in the corporation must be included when…more

Business Succession, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States, Estate Planning

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Lawrence Han

A Legal Update for the Title Insurance Industry

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…more

Appellate Courts, Breach of Contract, Cure Periods, Easements, Insurance Industry

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Tamika Hardy

NY’s New Employment Law Targets Privacy Concerns

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…more

Anti-Retaliation Provisions, Electronic Communications, Employees, Hiring & Firing, New York

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Michael Heller

A Legal Update for the Title Insurance Industry

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…more

Appellate Courts, Breach of Contract, Cure Periods, Easements, Insurance Industry

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Katherine Heptig

Treasury Issues Final Rule on Disclosure of Beneficial Ownership

In an effort to help prevent and combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity, the United States Department of the Treasury just issued a final rule [RIN: 1506-AB49]…more

Beneficial Owner, Corporate Transparency Act, Disclosure, Final Rules, FinCEN

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Jennifer Hillman

Frank Fritz’ Will is ‘Picked’ for a Will Contest

Frank Fritz, star of the History Channel show “American Pickers,” suffered a stroke, became incapacitated, and died on September 30, 2024, at age 60. Before he passed away, his friend, Chris Davis, became his legal guardian…more

Beneficiaries, Estate Planning, Guardianships, Legal Guardian, Power of Attorney

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Jeremy Honig

New York Halts All Non-Essential Construction

Amid the exponential increase of COVID-19 cases in the State of New York and, more specifically in New York City, Governor Cuomo issued an order requiring all “non-essential” construction in the State of New York to shut down,…more

Construction Industry, Executive Orders, Governor Cuomo, Non-Essential Businesses, Public Health Emergency

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Deborah Isaacson

Appellate Division Affirms Summary Judgment Dismissal Of Legal Malpractice Claim

The Appellate Division, First Department recently affirmed a trial court’s decision granting summary judgment in favor of the defendant law firm, holding that the plaintiff could not prove the proximate cause element of its…more

Appellate Courts, Attorney Malpractice, Attorney Representation Agreements, Business Closures, Denial of Insurance Coverage

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Robert Iseman

Healthcare Providers Receive ‘Helicopter Money’ with Strings Attached

In 1969, noted economist Milton Friedman coined the term “helicopter money” to describe the monetary policy of injecting liquidity into the market, much like dropping money to people from helicopters, as an alternative to…more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Fee-for-Service, Health Care Providers

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Frank Izzo

New York and Connecticut Prohibit Geofencing near Health Care Facilities

New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing laws,…more

Advertising, Connecticut, Data Privacy, Data Protection, Dobbs v. Jackson Women’s Health Organization

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Atara Kahn

Tennr’s AI Platform Targets Referral “Black Holes” with $101 Million in New Funding

Tennr, a healthcare technology company focused on streamlining healthcare operations, recently announced the receipt of $101 million in funding. While the investment signals growing confidence in AI-enabled administrative tools,…more

Algorithms, Artificial Intelligence, Automation Systems, Health Care Providers, Health Technology

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Geoffrey Kaiser

The Latest Refinements to DOJ’s White Collar Enforcement Policy

Last month, the head of the Criminal Division of the U.S. Department of Justice (DOJ), Matthew R. Galeotti, issued a Memorandum outlining DOJ’s enforcement priorities and policies for prosecuting white-collar crime, identifying…more

Corporate Governance, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Bernadette Kasnicki

Not-for-Profits and the CTA

Recently, there has been extensive reporting about the federal Corporate Transparency Act, or the “CTA,” the stated objective of which is to enhance transparency in entity structure and ownership in order to combat money…more

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

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Christopher Kutner

Long Island Doctor Charged with Grand Larceny for Benefits Scam

The Nassau County District Attorney recently charged Joseph Golyan, a Great Neck gastroenterologist, with collecting Social Security and other government benefits over a four-year period, while simultaneously billing Medicare…more

Criminal Prosecution, Enforcement Actions, False Claims Act (FCA), Government Agencies, Healthcare Fraud

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Marie Landsman

Hidden Benefits of the Paycheck Protection Program for Landlords and Tenants

With “stay at home” orders in effect throughout the United States, business has come to a virtual standstill in many markets, resulting in the closure of stores and offices, layoffs and furloughs of employees and other actions…more

Commercial Tenants, Landlords, Loan Forgiveness, Paycheck Protection Program (PPP), Payroll Taxes

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Stella Lellos

Corporate Transparency Act Obligations for U.S. Companies Are No More

After many years of ups and downs, legal challenges, injunctions and deadline changes, the reporting obligations under the Corporate Transparency Act (CTA) have disappeared…for most. On Friday, March 21, 2025, the Financial…more

Beneficial Owner, Comment Period, Corporate Transparency Act, Filing Deadlines, FinCEN

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Paul Majkowski

Mass Toxic Torts Watch List (Other Than Plaintiffs’ TV Ads)

We are all familiar with the TV ads run by members of the plaintiffs’ bar seeking plaintiffs for mass toxic tort litigation, those asking whether you or someone you know has been “exposed” to a particular substance and now…more

Broadcasting, Class Action, Contamination, Evidence, Mass Tort Litigation

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Benjamin Malerba

[Webinar] Practice Transitions for the Practicing Dentist - May 29th, 12:00 pm ET

On Thursday, May 29 at 12:00 PM, Benjamin Malerba and Sean Simensky will present the webinar, “Practice Transitions for the Practicing Dentist.” This lecture is designed to inform dentists of some of the legal and practical…more

Asset Purchase Agreements, Business Entities, Business Formation, Buyers, Buying a Business

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Greg Mann

Advisory Council Recommends Amending NY’s Commercial Division Rules

The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases may…more

Business Interruption, Comment Period, Commercial Insurance Policies, Commercial Litigation, Environmental Claims

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Emily Manning

Cigna Sues Bristol Myers Squibb Alleging Scheme to Block Generic Drug

Cigna filed a lawsuit on June 24 in Manhattan federal court accusing Bristol Myers Squibb of unlawfully blocking generic versions of its blood cancer drug, Pomalyst, from entering the market. The suit also names Celgene, a…more

Anti-Competitive, Antitrust Litigation, Antitrust Violations, Bristol-Myers Squibb, CIGNA

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Harini Maragh

Frank Fritz’ Will is ‘Picked’ for a Will Contest

Frank Fritz, star of the History Channel show “American Pickers,” suffered a stroke, became incapacitated, and died on September 30, 2024, at age 60. Before he passed away, his friend, Chris Davis, became his legal guardian…more

Beneficiaries, Estate Planning, Guardianships, Legal Guardian, Power of Attorney

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Patricia Marcin

Estate Planning Documents for Your ‘Adult’ Child

While we may know better, an 18-year-old is generally considered an adult under New York law. Many of those 18-year-olds will be heading off to college in the next couple of months. Parents’ rights to make decisions for their…more

Adult Children, Beneficiaries, Estate Planning, Health Care Proxies, Incapacitated Persons

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Henry Mascia

H-1B Registration Opens in 2 Weeks

Each year, the United States Citizenship & Immigration Services (USCIS) conducts an H-1B registration selection process for foreign nationals who have not previously held H-1B status. The H-1B cap registration period for fiscal…more

Employment Authorization Documents (EAD), Employment Policies, Foreign Nationals, Foreign Workers, H-1B

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Lauren Mechaly

Quick Bites: Special Needs Planning

If you have a loved one with special needs, you know that caring for him or her can, at times, feel totally overwhelming. Presumably, you have retained an attorney to guide you through the special education process in your…more

Disability, Estate Planning, Guardianships, Health Insurance, Long-Term Care

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Douglas Menikheim

Genetic Testing Marketing Companies and Executives Settle Medicare Fraud Allegations for $6 Million

The U.S. Attorney’s Office for the Eastern District of Pennsylvania announced on April 23 that Genexe, LLC (doing business as Genexe Health) and its parent company, Immerge, Inc., along with two of their executive…more

Anti-Kickback Statute, Criminal Prosecution, Enforcement Actions, False Claims Act (FCA), Genetic Testing

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Gregory Miller

Behold the Prior Art: A (Patentable) Solution to the COVID-19 Pandemic?

In his (perhaps, what will one day be a) seminal report on the results of a clinical trial, Dr. Didier Raoult and colleagues reported that after six days of administering hydroxychloroquine combined with azithromycin, 100% of…more

Clinical Trials, Coronavirus/COVID-19, Patent-Eligible Subject Matter, Patents, Prior Art

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Frank Misiti

There’s Coverage for That? The ‘Ins & Outs’ of Personal & Advertising Injury Coverage

Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising”…more

Advertising, Commercial General Liability Policies, Copyright Infringement, Defamation, Disparagement

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Nicholas Moneta

New York Enacts Transfer-on-Death Deed Law

On April 20, 2024, New York State adopted legislation that allows for so-called transfer-on-death (TOD) deeds as part of its Fiscal Year 2025 Executive Budget. The TOD Deed Law, which takes effect on July 19, 2024, will be…more

Beneficiary Designations, Budgets, Charitable Organizations, Individual Retirement Account (IRA), New York

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Dylan Mruczinski

5 Factors to Help Smooth a Syndication Deal

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…more

Acquisitions, Client Communication, Disclosure, Investors, IRS

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Kenneth Murphy

You Can Be Compelled to Arbitrate Based on an Agreement You Didn’t Sign

As a general rule, parties cannot be forced to arbitrate a dispute unless they signed a clear and binding agreement to arbitrate. However, a recent decision issued by New York County Commercial Division Judge Barry Ostrager…more

Arbitration, Arbitration Agreements, Breach of Contract, Estoppel, New York

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E. Christopher Murray

LIBN Op-Ed — Sewers: Good for the Environment, Good for the Economy

Not often is a policy initiative good for both the environment and business. Sewer expansion is one of those initiatives. The development of sewer systems in Suffolk County would not only reduce health-harming nitrogen levels in…more

Economic Development, New York, Real Estate Development, Sanitation, Sewer Systems

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Kenneth Novikoff

The Employment Law Reporter: Winter 2024

Here is what we cover in this issue of The Employment Law Reporter: •A federal district court in New York has dismissed employment discrimination claims brought under the Age Discrimination in Employment Act of 1967 and Title…more

ADEA, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Department of Veterans Affairs, Emotional Distress Damages

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Ashley Algazi

OCR Announces Third Ransomware Settlement as Threats Continue to Rise

On July 1, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that Heritage Valley Health System, a provider in Pennsylvania, Ohio and West Virginia, agreed to pay $950,000 to resolve…more

Cyber Attacks, Cybersecurity, Data Breach, Hackers, Health Care Providers

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Joseph Pidel

The Family Health Care Decisions Act’s Limitations

On any given day, a medical practitioner will evaluate a patient, determine the appropriate care and then provide the required services upon the patient’s consent. However, what happens if a patient lacks capacity and is unable…more

Decision-Making Process, Healthcare, Incapacitated Persons

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John Queenan

Quality of Care Considerations in OIG’s Nursing Facility Compliance Guidance

In November 2024, the U.S. Department of Health and Human Services’ Office of the Inspector General (“OIG”) published the long-awaited Industry Segment-Specific Compliance Program Guidance for Nursing Facilities (“Nursing…more

Compliance, Compliance Monitoring, Department of Health and Human Services (HHS), Healthcare Facilities, Long Term Care Facilities

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Pia Riverso

Changes in NY Law Significantly Affect Retainage Withheld in Private Construction Contracts

On Friday, November 17, 2023, Governor Hochul signed into law a bill which limits the retainage held on construction contracts for private improvements to 5% of the contract price from inception of the project – this applies to…more

Construction Contracts, Construction Industry, Contract Price, Contract Terms, Contractors

See all updates »

Jeffrey Rust

Conflicting Orders Create Uncertainty for FTC Noncompete Ban

On April 23, 2024, the Federal Trade Commission finalized its rule enforcing a noncompete ban for a vast majority of workers. The noncompete ban is set to take effect on September 4, 2024. With limited exceptions, the rule…more

Chamber of Commerce, Chevron Deference, Employment Contract, Federal Trade Commission (FTC), Lack of Authority

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Brian Schlosser

A Sleeping Giant: New York’s Grieving Families Act

The pen is mightier than the sword — especially a pen held by a sitting governor. Currently sitting on the desk of New York’s governor is a piece of proposed legislation known as the “Grieving Families Act” which, if signed into…more

Damages, Funerals, Insurance Industry, Medical Expenses, New York

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Steven Shapiro

The Case of ‘Gas Station Heroin’

Is It Necessary for Congress to Amend the FD&C Act for FDA to Have the Authority to Prohibit Tianeptine’s Sale? If the answer to this question is “no,” why are bills being introduced into Congress to give the U.S. Food and Drug…more

Center for Drug Evaluation and Research (CDER), Customs and Border Protection, Dietary Supplements, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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Wendy Hoey Sheinberg

Don’t Leave Your Final Wishes Open to Interpretation

The media is filled with stories of deceased celebrities whose final wishes were either unknown or the subject of dispute. An important lesson: You can retain control of your finances after incapacity and remain in control of…more

Beneficiaries, Estate Planning, Financial Planning, Guardianships, Healthcare

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Syma Shulman Levine

Seventh Circuit Rejects Extension of AKS to Marketing Companies Without Evidence of Intent to Induce Referrals

The U.S. Court of Appeals for the Seventh Circuit recently rejected an effort by the federal government to extend the federal Anti-Kickback Statute (AKS) to a marketing company in the absence of influence by the company over…more

Anti-Kickback Statute, Appeals, Criminal Prosecution, Durable Medical Equipment, Healthcare Fraud

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Amy Silver

Hidden Benefits of the Paycheck Protection Program for Landlords and Tenants

With “stay at home” orders in effect throughout the United States, business has come to a virtual standstill in many markets, resulting in the closure of stores and offices, layoffs and furloughs of employees and other actions…more

Commercial Tenants, Landlords, Loan Forgiveness, Paycheck Protection Program (PPP), Payroll Taxes

See all updates »

Sean Simensky

[Webinar] Practice Transitions for the Practicing Dentist - May 29th, 12:00 pm ET

On Thursday, May 29 at 12:00 PM, Benjamin Malerba and Sean Simensky will present the webinar, “Practice Transitions for the Practicing Dentist.” This lecture is designed to inform dentists of some of the legal and practical…more

Asset Purchase Agreements, Business Entities, Business Formation, Buyers, Buying a Business

See all updates »

Michael Sirignano

High-Profile Sports Insurance Fraud Rings: A Recent Conviction

No health insurance benefit program, no matter how high profile, is immune to the temptations of insurance fraud. In the past, multiple former NFL players pleaded guilty to defrauding the NFL Player Health Reimbursement Account…more

Employee Benefits, Essential Health Benefits, Health Care Providers, Healthcare Fraud, Indictments

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Matthew Spero

2nd Circuit Refuses to Enforce Insurance Policy’s Arbitration Provision

A Second Circuit U.S. Court of Appeals decision refused an attempt to expand the scope of an insurance policy’s arbitration provision, creating the need for extra caution when interpreting policies. In Ehrenberg v. Allied…more

Appeals, Arbitration, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Norton Travis

NYS DOH Releases New Electronic Material Transaction Form

Just last week, we reported that the 2025/26 NYS Budget Bill did not include a provision that would have increased the requirements for seeking Department of Health (DOH) approval of a material healthcare transaction (which…more

Acquisitions, Disclosure Requirements, Government Agencies, Healthcare, Healthcare Facilities

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Michael Troisi

NY DFS Issues Emergency Regulations for Looting and Vandalism Claims

On June 5, 2020, the New York State Department of Financial Services (DFS) issued an emergency regulation aimed at assisting insureds who sustained damages from the looting and vandalism that has taken place throughout the state…more

Denial of Insurance Coverage, Insurance Claims, Mediation, New York, Small Business

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Robert Tugander

Advisory Council Recommends Amending NY’s Commercial Division Rules

The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases may…more

Business Interruption, Comment Period, Commercial Insurance Policies, Commercial Litigation, Environmental Claims

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Marc Ullman

Investigating Quality Incidents

Even the best company is not perfect. Mix ups, mathematical errors, transposing numbers, forgetting to sign a batch production, a supplier mix-up, or any one of an almost infinite potential glitches in the very complex processes…more

Alcoa, Center for Drug Evaluation and Research (CDER), Documentation, Food and Drug Administration (FDA), Investigations

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Michael Vanunu

Private Insurers Must Watch Out for Medical Equipment Fraud

Healthcare fraud related to durable medical equipment (DME) is extremely costly to insurers yet often continues without criminal or civil consequences. Fraudulent schemes by DME supply companies vary in complexity but…more

Bribery, Criminal Conspiracy, Durable Medical Equipment, False Billing, Fraud

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Michael Versichelli

New York Courts to Expand Virtual Operations Beyond Non-Essential Matters

On April 6, 2020, Chief Judge Janet DiFiore announced that the virtual operations currently in place to address essential and emergency matters will expand to include non-essential matters, effectively restoring many matters to…more

Coronavirus/COVID-19, Court Closures, Court Schedules, State of Emergency, Virtual Litigation

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Louis Vlahos

Writing Off A Loan – Simultaneous COD Income and Bad Debt Deduction? Not Necessarily

If you’ve been around closely held businesses long enough, you know that a transfer of money between a business and its owner, or between two related businesses, is sometimes characterized by the parties as a loan (“related…more

Appeals, Borrowers, Cancellation of Debt (COD), Closely Held Businesses, Corporate Taxes

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Michael Welch

NY DFS Issues Emergency Regulations for Looting and Vandalism Claims

On June 5, 2020, the New York State Department of Financial Services (DFS) issued an emergency regulation aimed at assisting insureds who sustained damages from the looting and vandalism that has taken place throughout the state…more

Denial of Insurance Coverage, Insurance Claims, Mediation, New York, Small Business

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David Wilck

Updated ESD Guidance Says Attorneys May Be Considered Essential

Several weeks into the coronavirus pandemic, New York businesses remain subject to the provisions of Executive Order No. 202.8, which required all employers to reduce their in-person workforces at any work locations by 100%…more

Coronavirus/COVID-19, Essential Functions, Law Firm Associates, Non-Essential Businesses, Social Distancing

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Benjamin Wisher

TRICARE Administrator Pays $11 Million Under FCA for Cybersecurity Noncompliance

The U.S. Department of Justice (DOJ) announced on February 18 that Health Net Federal Services, LLC and its corporate parent, Centene Corporation, agreed to pay $11,253,400 to resolve False Claims Act (FCA) claims. Health Net, a…more

Cybersecurity, Data Breach, Data Privacy, Department of Defense (DOD), Department of Justice (DOJ)

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