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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...more

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...more

Biotech Company Pays $4.5 Million for Data Breach

The Office of the New York State Attorney General announced on August 13 that Letitia James, along with the Attorneys General of Connecticut and New Jersey, fined Enzo Biochem, Inc. $4.5 million for failing to adequately...more

Foreign Corporations Set to Be Subject to General Jurisdiction in NY

Foreign corporations, open your rolodexes. You will need New York counsel more than ever. Days ago, New York Senate Bill S7476 was delivered to Governor Hochul for signature. If signed, the bill would make all foreign...more

U.S. Supreme Court Diminishes Daimler and Upends Aybar

Plaintiffs’ counsel rejoice, defense counsel take note, and businesses beware. Daimler has been diminished and businesses are no longer only subject to general jurisdiction in states in which they are incorporated or...more

First, Second and Third Departments All Hold That COVID Executive Orders Tolled NY’s Statutes of Limitations

Only weeks ago, the Appellate Division, Second Department issued its McLaughlin decision reaffirming Brash– another Second Department decision which we wrote about on August 4, 2021. As we discussed in our blurb, Brash was...more

New York’s Highest Court Again Declines to Erode the “Special Duty” Doctrine

Municipal litigation counsel can continue to sleep soundly. Before the New Year, the New York Court of Appeals, once again, reaffirmed the “special duty” doctrine in Maldovan v. County of Erie. As any first-year law...more

Out-of-Staters Beware: An In-Person Contract Discussion May Subject You to Suit in New York

Think before you book your next business trip to the Empire State. Perhaps that important contract discussion with your counterpart can be accomplished remotely. Although you may miss out on Long Island’s Gatsbyesque...more

[Webinar] Lunch and Learn Series: Avoiding the Pitfalls in Recent Government Enforcement - December 8th, 12:00 pm - 1:00 pm ET

Please join us for the December Lunch and Learn with Benjamin Malerba and Benjamin Wisher. The pair will discuss recent audits, investigations and actions of government agencies including DOJ, MFCU, OMIG, the NY AG and...more

Administrative Order 141/22 Brings More Changes to New York’s Uniform Civil Rules

On July 1, 2022, Administrative Order 141/22 (“AO 141/22”) became effective, revising many of the previous changes to New York’s Uniform Civil Rules (“Uniform Rules”) made by Administrative Order 270/20 (“AO 270/20”),...more

CPLR 205(a) Can Only Be Invoked by the Original Plaintiff if Plaintiff Is Still Alive

CPLR 205(a) is a well-known safety net in New York litigation, generally providing that a timely commenced action dismissed without prejudice can be refiled by “the plaintiff” within six months of dismissal, despite the...more

Federal Civil Law Remains Unclear Regarding Where an Action May Be Brought

One would think that the current state of federal law would be clear as to where a plaintiff may commence, and thereafter maintain, his/her action. However, that is not the case; particularly within the Second Circuit, and...more

NJ Printing Companies to Pay $130,000 for Alleged Violations of HIPAA and NJ Consumer Fraud Act

The New Jersey Attorney General’s Office and Division of Consumer Affairs recently announced that two New Jersey-based printing companies, Command Marketing Innovations, LLC (CMI) and Strategic Content Imaging, LLC (SCI),...more

Texas Hospital Settles Alleged FCA Violations for $18.2 Million

The U.S. Department of Justice (DOJ) announced that Flower Mound Hospital Partners LLC, a partially physician-owned hospital in Flower Mound, Texas, agreed to pay $18.2 million to settle its alleged violations of the False...more

NJ Pathology Practice Settles Alleged FCA Violations for $2.4 Million

On December 7, the U.S. Department of Justice (DOJ) announced that it had reached a Settlement Agreement with Princeton Pathology Services P.A., a New Jersey pathology practice, regarding Princeton Pathology’s alleged...more

Foreign Corporations Don’t Consent to General Jurisdiction by Registering in NY

A recent New York Court of Appeals decision clarified the contours of one of the most foundational legal principles: personal jurisdiction. In Aybar v. Aybar, the Court, in a 5-2 decision, held that foreign corporations...more

NY Law Is Clear On A Business’s Obligations Regarding Uncashed Distributions

Recently, a client came to us seeking advice on how to handle a large volume of uncashed distribution checks the client issued to its members over the past decade. Although not widely known, New York maintains an entire...more

New CT Cybersecurity Law Protects Against Liability For Data Breaches

Connecticut Governor Ned Lamont recently signed into law “An Act Incentivizing the Adoption of Cybersecurity Standards for Businesses” (Public Act No. 21-119). Under the Act, “covered entities” that implement certain...more

Update: Gov. Cuomo’s Executive Orders Tolled NY’s Limitation Periods

In April 2020, in an article entitled, “Coronavirus and Statutes of Limitations in New York: A Lingering Effect?”, we discussed Governor Cuomo’s Executive Order 202.8, issued in the first year of the Covid-19 pandemic. We...more

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