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Mary Aperance

Lab Co-Owners Acquitted in Alleged COVID-19 Testing Scheme

A Florida jury recently found two laboratory co-owners of Innovative Genomics LLC (“IGX”) not guilty in connection with an allegedly fraudulent COVID-19 testing scheme. The Government alleged that from November 2019 through…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Criminal Prosecution, Department of Justice (DOJ), False Claims Act (FCA)

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Ada Janocinska

Hospital CEO Jailed for Conspiracy to Violate AKS

The U.S. Department of Justice announced on January 15 that Jeffrey Paul Madison, the former chief executive officer of a Texas hospital, was sentenced to 36 months in federal prison for conspiring to violate the federal…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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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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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

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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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

See all updates »

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

FTC Issues New Rule to Abolish Non-Compete Agreements UPDATED April 2024

On Tuesday, April 23, the Federal Trade Commission (FTC) issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements across all…more

CEOs, Employment Contract, Federal Register, Federal Trade Commission (FTC), Final Rules

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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 Reinforces Its Scrutiny Over Healthcare Transactions

We recently discussed increasing state regulation of healthcare mergers and acquisitions in the face of the current Administration’s clear policy of federal deregulation. We noted that 15 states had implemented oversight laws…more

Acquisitions, Competition, Corporate Practice of Medicine, Healthcare, Mergers

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Joanne Engeldrum

March 2025 New York Insurance Coverage Law Update

The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure insurance for the owners and to indemnify them for the negligent acts of the tenant’s “agents,…more

Appeals, Commercial Insurance Policies, Commercial Leases, Contract Terms, Denial of Insurance Coverage

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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

Justices’ Ch. 11 Ruling Is A Big Moment For Debtors’ Insurers

In one of the most publicized terms for the U.S. Supreme Court, one June decision has not received the attention it deserves: Truck Insurance Exchange v. Kaiser Gypsum Company Inc. Truck upends decades of Chapter 11 bankruptcy…more

Asbestos, Bankruptcy Trustees, Chapter 11, Commercial Bankruptcy, Creditors

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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

See all updates »

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

23andMe Bankruptcy Raises Legal Concerns Over Genetic Data Privacy

23andMe’s recent Chapter 11 bankruptcy filing has sparked significant concerns over the privacy and security of genetic data belonging to its 15 million customers. Founded in 2006, 23andMe built its business around…more

23andMe, Consumer Privacy Rights, Data Breach, Data Privacy, Data Security

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Geoffrey Kaiser

AG Garland Announces Nationwide Healthcare Enforcement Action

On June 27, U.S. Attorney General Merrick Garland announced the results of a two-week nationwide law enforcement action by the Department of Justice (DOJ) in 32 federal districts against 193 defendants for their participation in…more

Department of Justice (DOJ), Enforcement, Healthcare, Healthcare Fraud, Nurse Practitioners

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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

Lab Operator Convicted in Drug-Testing Scheme

Conspiracies to rip off the Medicare system are prevalent due to the vast amounts of money flowing through the program. On February 25, Sherif Khalil of Redondo Beach, California man was convicted by a federal jury in Detroit…more

Anti-Kickback Statute, Criminal Convictions, Department of Health and Human Services (HHS), Department of Justice (DOJ), False Claims Act (FCA)

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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

Federal Agencies Express Concerns About Health Care Market Consolidation and Role of Private Equity

On January 15, 2025, the Federal Trade Commission (FTC), Department of Justice (DOJ), and Department of Health and Human Services (HHS) released a joint report continuing their collaborative initiative to address consolidation…more

Acquisitions, Antitrust Division, Competition, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Greg Mann

April 2025 Insurance Update

As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time…more

AK Supreme Court, Appeals, Appellate Courts, Carbon Monoxide Exposure, Dismissals

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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

Decanting Trusts: Sometimes You Can Change the Terms of an Existing Trust

Sometimes, the terms of an irrevocable trust (one that cannot be amended or revoked) were appropriate at the time the trust was created, but subsequent events or circumstances make the terms of the old trust impractical,…more

Beneficiaries, Decanting, Estate Planning, Irrevocable Trusts, New York

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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: Estate Planning Part 2

Remember, as a general concept, estate planning allows an individual to plan not only for what happens to his or her estate upon death, but also how his or her affairs are handled during life. There are certain documents that…more

Beneficiaries, Estate Planning, Estate Tax, Power of Attorney, Tax Planning

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Douglas Menikheim

Owners of Transportation Company Defrauded Medicaid of $3.8M

The New York State Attorney General’s Office announced on December 5 that Muhammad Rizwan Khan, Muhammad Usman Khan and Farhan Khan and their Orange County-based transportation companies, Tristate Express NY, Inc., Meditrans NY…more

Federal Funding, Fraud, Healthcare Fraud, Kickbacks, Larceny

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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

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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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

See all updates »

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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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

ADA Joins Coalition Seeking Tariff Exemption for Medical and Dental Supplies

The American Dental Association (ADA) has joined a coalition of other healthcare organizations in writing a letter to U.S. Trade Representative Jamieson Greer urging the Trump administration to exempt medical and dental…more

Health Care Providers, Healthcare, Hospitals, Imports, Medical Devices

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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

Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee if…more

Bankruptcy Discharge Order, Commercial Bankruptcy, Commercial Leases, Commercial Property Owners, Commercial Tenants

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Norton Travis

NYS Reinforces Its Scrutiny Over Healthcare Transactions

We recently discussed increasing state regulation of healthcare mergers and acquisitions in the face of the current Administration’s clear policy of federal deregulation. We noted that 15 states had implemented oversight laws…more

Acquisitions, Competition, Corporate Practice of Medicine, Healthcare, Mergers

See all updates »

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

April 2025 Insurance Update

As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time…more

AK Supreme Court, Appeals, Appellate Courts, Carbon Monoxide Exposure, Dismissals

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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

Observations on Charities, Taxes, and Cash Flow

Few provisions of the Code have a single, clear meaning that leaves no room for interpretation. Even many of those that, on the surface, appear fairly straightforward, are usually open to alternative “understandings.”…more

501(c)(3), Charitable Organizations, Employer Liability Issues, Employment Tax, Enforcement

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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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