Rivkin Radler LLP

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926 RXR Plaza
West Tower
Uniondale, NY 11556, United States
Phone: (516) 357-3000
Fax: (516) 357-3333
Areas Of Practice
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Finance & Banking
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
  • New Jersey
  • New York
Number of Attorneys
200+ Attorneys

Owner and Medical Director of Pain Clinic Jailed for Urine Drug Testing Scheme

On April 11, the medical director and the owner of a pain clinic in Kentucky were sentenced to prison for their roles in a scheme to defraud federal healthcare programs and commercial insurance companies for medically…more

Criminal Conspiracy, Drug Testing, Health Care Providers, Healthcare Fraud, Medicaid

See all updates »

Federal Rules Limit “Junk” Health Plans

On March 28, the U.S. Departments of Health and Human Services, Labor and the Treasury collectively issued final rules with respect to short-term and limited duration insurance (STLDI) plans in an effort to reduce healthcare…more

Affordable Care Act, Department of Health and Human Services (HHS), Department of Labor (DOL), Enrollment, Health Insurance

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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 »

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 »

Legal Spring Cleaning and Refreshing Your Affairs

Springtime is the time of year to start fresh. This ritual does not just apply to clearing the clutter, refreshing the inside of your house, and completing home improvement projects. It is also a good time to organize and review…more

Document Review, Documentation, Estate Planning, Risk Management, Service Contracts

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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 »

FinCEN Issues Update to Corporate Transparency Act

On November 29, 2023, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an update to the Corporate Transparency Act (CTA), extending the deadline for reporting companies to disclose…more

Beneficial Owner, CEOs, CFOs, Corporate Transparency Act, Financial Crimes

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

New 2023 Minimum Wages and Minimum Salaries to Take Effect

Minimum hourly wages for many nonexempt employees and minimum salaries for exempt employees in New York, New Jersey and Connecticut are scheduled to increase in 2023. Employers should begin to make plans to ensure that their…more

Connecticut, Food Service Workers, Minimum Wage, New Jersey, New York

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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

See all updates »

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 »

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

See all updates »

Brooklyn Cardiologist Hit with Fraud Charges

On December 14, the U.S. Attorney’s Office for the Southern District of New York and other agencies announced the indictment of Niranjan Mittal, a Brooklyn cardiologist, on multiple fraud charges. Mittal allegedly fabricated…more

Criminal Conspiracy, False Billing, False Claims Act (FCA), Health Care Providers, Healthcare Fraud

See all updates »

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

See all updates »

New York Insurance Coverage Law Update - April 25 2024

The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s fees…more

Attorney's Fees, Bodily Injury, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

NYS Maintains Independent Practice Authority for NPs

The New York State 2024-2025 budget includes legislation that extends until July 1, 2026 the independent practice authority for certain qualified nurse practitioners with over 3,600 practice hours…more

Health Care Providers, Healthcare, New York, Nurse Practitioners, Physicians

See all updates »

Commercial General Liability Insurance Coverage for COVID-19 Lawsuits

In this time of medical and economic uncertainty, one thing is for sure – lawsuits alleging injury and damage from the coronavirus pandemic are inevitable. While the country remains in lockdown – schools and businesses are shut…more

Commercial General Liability Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Claims, Insurance Industry

See all updates »

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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NYS Maintains Independent Practice Authority for NPs

The New York State 2024-2025 budget includes legislation that extends until July 1, 2026 the independent practice authority for certain qualified nurse practitioners with over 3,600 practice hours…more

Health Care Providers, Healthcare, New York, Nurse Practitioners, Physicians

See all updates »

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)

See all updates »

Got a Charitable Interest? Revisiting the Registration Requirements for Charitable Estates and Trusts

Frequently, estates and trusts have charitable beneficiaries. Trusts and estates attorneys should familiarize themselves with the rules that require certain estates and trusts to register and make periodic filings with the…more

Beneficiaries, Charitable Trusts, Domicile, Estate Planning, New York

See all updates »

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 »

Nonprofits Eligible for CARES Act Assistance

Although small businesses have been the focus of coronavirus-related financial assistance, nonprofits have been similarly struggling. They, too, must cover payroll expenses, rent and financing obligations. Rightly, the…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Nonprofits, Paycheck Protection Program (PPP)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Creditors Committee’s Request to Sue Diocese Insurers Denied

Recently, a bankruptcy judge denied a request by a creditors’ committee to sue the insurers of the Roman Catholic Diocese of Rockville Centre (the “Debtor”). The judge found that the Official Committee of Unsecured Creditors’…more

Bankruptcy Court, Cause of Action Accrual, Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

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

See all updates »

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

See all updates »

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 »

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

See all updates »

Is Coronavirus Covered by Your Contract’s Force Majeure Provisions?

Part of the commitment to entering into a contract includes an agreement between parties to perform contractual obligations on a timely basis, with limited exceptions. Contracts frequently include a provision titled “force…more

Coronavirus/COVID-19, Force Majeure Clause

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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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Wendy and Jen Wreck the Movies: Baby Mama (2008), or What Not to Leave to Chance When You Are Expecting

Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited…more

Estate Planning, Executors, Guardians, Surrogacy Contracts, Trusts

See all updates »

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

See all updates »

[Webinar] Healthcare Compliance Lunch & Learn Series: Defending Provider Audits - April 11th, 12:00 pm - 1:00 pm ET

On Thursday, April 11, the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, will be presented by Rivkin Radler attorneys, Bob Hussar, Chris Kutner and Mary Aperance. The program, “Defending…more

Audits, Continuing Legal Education, Defense Strategies, Health Care Providers, Managed Care Contracts

See all updates »

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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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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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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[Webinar] Lunch and Learn Series: Prohibitions on Provider Inducements - February 27th, 12:00 pm - 1:00 pm ET

On Tuesday, February 27, the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, will be presented by Rivkin Radler Partners, Geoffrey Kaiser and Benjamin Malerba. The program, “Prohibitions on…more

Advisory Opinions, Anti-Kickback Statute, Continuing Legal Education, Fraud Alerts, Health Care Providers

See all updates »

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

See all updates »

[Webinar] Healthcare Compliance Lunch & Learn Series: Defending Provider Audits - April 11th, 12:00 pm - 1:00 pm ET

On Thursday, April 11, the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, will be presented by Rivkin Radler attorneys, Bob Hussar, Chris Kutner and Mary Aperance. The program, “Defending…more

Audits, Continuing Legal Education, Defense Strategies, Health Care Providers, Managed Care Contracts

See all updates »

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 »

FinCEN Issues Update to Corporate Transparency Act

On November 29, 2023, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an update to the Corporate Transparency Act (CTA), extending the deadline for reporting companies to disclose…more

Beneficial Owner, CEOs, CFOs, Corporate Transparency Act, Financial Crimes

See all updates »

Possible Pandemic, Coronavirus Poised to Pose Risks to U.S. Companies

With the coronavirus outbreak continuing in China, significant new incidences being reported in South Korea and Italy, and stories of quarantines permeating the news, in addition to the catastrophic toll on human health, we are…more

Anti-Discrimination Policies, Business Interruption, Compliance, Contamination, Coronavirus/COVID-19

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[Webinar] Lunch and Learn Series: Prohibitions on Provider Inducements - February 27th, 12:00 pm - 1:00 pm ET

On Tuesday, February 27, the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, will be presented by Rivkin Radler Partners, Geoffrey Kaiser and Benjamin Malerba. The program, “Prohibitions on…more

Advisory Opinions, Anti-Kickback Statute, Continuing Legal Education, Fraud Alerts, Health Care Providers

See all updates »

Insurance Update - April 2024

Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not forget…more

Anti-Stacking Provisions, Auto Insurance, Breach of Contract, D&O Insurance, Federal Arbitration Act

See all updates »

The New York State Estate Tax Cliff and the ‘Santa Clause’ Fix

New York has an “estate tax cliff,” which can result in heirs paying New York estate tax at a rate exceeding 100%. The current per-person NYS estate tax exemption is $6.94 million, which is the amount you can leave to your…more

Charitable Donations, Estate Planning, Estate Tax, New York, Tax Exemptions

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Biden Administration Announces New Policy to Attract and Retain Immigrants in STEM

The Biden administration announced a series of administrative changes designed to strengthen the nation’s ability to attract global talent. The changes are also designed to strengthen our economy and technological…more

Biden Administration, F-1 Visa, Federal Register, Foreign Nationals, Immigration Procedures

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Due Diligence: A Critical Component of any Transaction

In our previous article, we detailed the role and importance of the letter of intent (LOI) in establishing a framework for selling a dental practice. Now we will discuss the next step in the transaction – performing due…more

Accounting, Business Ownership, Contract Negotiations, Dental Practice, Due Diligence

See all updates »

Governor Expands Definition of ‘Elder Abuse’ to Include Identity Theft

On December 6, 2021, Governor Kathy Hochul expanded the legal definition of “elder abuse and exploitation” to incorporate identity theft in the list of eligible support services and programs for seniors through non-profit…more

Elder Abuse, Exploitation, Identity Theft, Scams, Vulnerable Victims

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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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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

See all updates »

What Trustees and Executors Should Know About FDIC Coverage

Recent headlines about bank closures have prompted people to check their personal bank accounts to make sure the balances are under the $250,000 FDIC insurance limits. The Federal Deposit Insurance Corporation (FDIC) is an…more

Beneficiaries, Deposit Insurance, FDIC, Revocable Trusts, Trustees

See all updates »

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 »

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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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

See all updates »

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

See all updates »

[Webinar] Lunch and Learn Series: Implementing an Effective Compliance Program: A Focus on Elements Three and Four - April 19th, 12:00 pm - 1:00 pm ET

Please join us for the April Lunch and Learn as Robert Hussar and Ashley Algazi present on the last two required elements of an Effective Compliance Program. They will discuss: - Training - Effective lines of…more

Chief Compliance Officers, Compliance, Compliance Commitees, Continuing Legal Education, Training

See all updates »

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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[Webinar] Lunch and Learn Series: Implementing an Effective Compliance Program: A Focus on Element Seven - June 8th, 12:00 pm - 1:00 pm ET

Please join us for the June Lunch and Learn as Robert Hussar and John Queenan present on the seventh required element of an Effective Compliance Program. They will discuss: - Responding to Compliance Issues..…more

Chief Compliance Officers, Compliance, Compliance Commitees, Compliance Management Systems, Continuing Legal Education

See all updates »

Cannabis License Application Deadline Approaching

If you are applying for a cultivation, processor, distributor, dispensary, or microbusiness license, applications are open and you must submit your application on or before 5 pm, December 18, 2023. To submit an application, the…more

Agribusiness, Business Licenses, Cannabis-Related Businesses (CRBs), Dispensaries, General-Business

See all updates »

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 »

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

See all updates »

Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore

When people think of counterfeit products, they envision high-end designers, such as Prada, Louis Vuitton, Gucci and Hermes, expensive accessories such as Rolex watches, and expensive fragrances. They also are likely to believe…more

Brand, Counterfeiting, Dietary Supplements, E-Commerce

See all updates »

Wendy and Jen Wreck the Movies: Baby Mama (2008), or What Not to Leave to Chance When You Are Expecting

Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited…more

Estate Planning, Executors, Guardians, Surrogacy Contracts, Trusts

See all updates »

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 »

New HHS Rule for Nursing Home Ownership and Manager Disclosure

A new rule will require nursing homes enrolled in Medicare or Medicaid to make disclosures about certain facility ownership, management and other operational information. The U.S. Department of Health and Human Services (HHS)…more

Business Ownership, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Long Term Care Facilities, Medicaid

See all updates »

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

See all updates »

Creditors Committee’s Request to Sue Diocese Insurers Denied

Recently, a bankruptcy judge denied a request by a creditors’ committee to sue the insurers of the Roman Catholic Diocese of Rockville Centre (the “Debtor”). The judge found that the Official Committee of Unsecured Creditors’…more

Bankruptcy Court, Cause of Action Accrual, Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

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

See all updates »

Insurance Update - April 2024

Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not forget…more

Anti-Stacking Provisions, Auto Insurance, Breach of Contract, D&O Insurance, Federal Arbitration Act

See all updates »

Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore

When people think of counterfeit products, they envision high-end designers, such as Prada, Louis Vuitton, Gucci and Hermes, expensive accessories such as Rolex watches, and expensive fragrances. They also are likely to believe…more

Brand, Counterfeiting, Dietary Supplements, E-Commerce

See all updates »

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

See all updates »

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 »

Partnership Transactions Lacking Economic Substance or Business Purpose: Investor Beware

Assume that X and Y agree to the following: X will transfer ownership of Prop to Y, and Y will transfer cash to X. What just happened? Obviously, X has sold Prop to Y. If the amount of cash that X receives is greater than his…more

Anti-Abuse Rule, Disguised Sales, Equity Partners, Financial Transactions, Income Taxes

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NY DFS Issues Emergency Regulations for Looting and Vandalism Claims

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights 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

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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