Ruskin Moscou Faltischek

RMF Pro Bono Case “Under Reconsideration” as a Result of New Trade Legislation

On June 29, 2015, President Barack Obama signed the Trade Adjustment Assistance Reauthorization Act of 2015 (“TAARA 2015”) into law as part of the Trade Preferences Extension Act of 2015, which gave President Obama "fast track"…more
| Civil Procedure, Intellectual Property, International Law & Trade

Court Of Appeals Upholds General Permit Procedures For Storm Water Discharge

The New York State Court of Appeals, in Natural Resources Defense Council, Inc. v. New York State Department of Environmental Conservation , recently rejected a challenge to the general permit procedures adopted by New York…more
| Administrative Law, Conflict of Laws, Environmental Law, Zoning, Planning & Land Use

RMF Litigators Obtain Reversal Of Denial Of Long-Term Disability Benefits

When a private insurance company denies a claim for long-term disability benefits, one appeals that decision through that same insurance company’s appeal process. This does not bode particularly well for the appealing…more
| Civil Procedure, Labor & Employment Law, Insurance

Current Developments and Future Trends in False Claims Act Litigation

This past year marked another wildly successful year for the Department of Justice (DOJ) in recovering nearly six billion dollars as a result of False Claims Act (FCA) enforcements, settlements and qui tam whistleblower…more
| Civil Remedies, Construction Law, Health, Government Contracting

"Surprise Medical Bills" Law

Consider the following scenario. You are a patient who had a colonoscopy performed by a physician who participates in your health insurance plan. A week later, you receive two “surprise” medical bills from an anesthesiologist…more
| Consumer Protection, Health

IRS Scrutinizes Captive Insurance

Every year the IRS issues a list of tax scams pertinent to that filing season. This list is commonly referred to as the (“Dirty Dozen”). The Dirty Dozen warns taxpayers of illegal tax avoidance schemes that can lead to…more
| Commercial Law & Contracts, Criminal Law, Insurance, Taxation

Aggressive New Cms Pre-Payment Review Initiative Threatens Physician Practices And Hospitals

According to a recent report in the American Medical News, The Center for Medicare and Medicaid Services (“CMS”) published plans to increase the number of pre-payment reviews of hospital and physician claims from 1.2 million to…more
| Health

New Change in New York Nurse Practitioner Law

New York State has enacted a new law called the “Nurse Practitioner Modernization Act” (the “NPMA”), that went into effect on January 1, 2015. The NPMA eliminates the onerous requirement of a written collaborative…more
| Health

Real Estate Law Alert - December 2014

Dear Friend: We would like to make you aware of a recent development that may have substantial impact on the occupancy of your building and the liability of the Board of Directors and/or management company. "Airbnb" and…more
| Zoning, Planning & Land Use, Real Estate - Residential

Is it a Lease or a License? Why it Matters

Owners renting space may have the option of doing so by a “lease” or a “license agreement”. What is the difference to an owner (or the lessee/licensee)? Though sometimes the variances are murky, there are definite repercussions…more
| Commercial Law & Contracts, Real Estate - Commercial

PSEG Long Island Proposes its Utility 2.0 Long Range Plan

On July 1, 2014, PSEG Long Island (PSEG-LI) proposed its Utility 2.0 Long Range Plan (“Utility 2.0 Plan” or “Plan”) to reduce power usage and increase energy efficiency over the next four years. To take effect, PSEG-LI’s Utility…more
| Energy & Utilities

Environmental Law Alert - July 2014: New York Court Strikes Blow Against Fracking

This week the New York State Court of Appeals upheld the right of municipalities to ban hydraulic fracturing for natural gas within their borders. In Norce Energy Corp. USA v. Town of Dryden and Cooperstown Holstein Corporation…more
| Civil Procedure, Conflict of Laws, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Trusts & Estates Alert - May 2014: Recent Changes to New York's Estate and Trust Income Tax Laws

Effective April 1, 2014, as part of the implementation of the 2014-2015 budget, the legislature and Governor Cuomo made significant changes to New York’s estate tax and trust income tax laws. According to Governor Cuomo, a key…more
| Taxation, Wills, Trusts, & Estate Planning

Supreme Court Ruling A Green Light For EPA Climate Change Regulations

In EPA v. EME Homer City Generation L.P., the Supreme Court recently upheld regulations adopted by the EPA restricting the discharge of pollutants from coal plants that drift from Midwestern and Appalachian states to the East…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

Medicare Audit and Appeals: A Study in Utter Dysfunction

Facing a backlog of over 350,000 appeals from payment demands issued by Recovery Audit Contractors (RAC's), the Center for Medicare and Medicaid Services ("CMS") has effectively given up and announced that its Office of Hearings…more
| Administrative Law, Civil Procedure, Health
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Areas of Practice
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