The requirements of Colorado’s Equal Pay for Equal Work Act (EPEWA) are changing. Since January 1, 2021, Part 2 of the EPEWA has required transparency in pay and job opportunities. Last summer, however, the Colorado...more
The Court of Federal Claims (CoFC) recently held that an offeror was not obligated to inform the agency of staffing changes, affecting its key personnel, that occurred following its proposal submission. This new CoFC decision...more
In Svetlana Spielberg vs. Progressive Select Insurance Company, the Fourth District Court of Appeal confirmed that an insurer’s duty to notify its insured of a policy’s cancellation is contingent on the type of policy and the...more
Representing the Estate Executor – Ethical Duty – Confidentiality – Withdrawal - New York State Bar Association Ethics Opinion No. 1194 - Risk Management Issue: Does a lawyer for an estate executor have an ethical duty...more
Informed insureds know the importance of notifying their primary insurer of an occurrence or a claim. But notice to the primary layer often does not suffice. If the plaintiff’s demand exceeds the limits in the primary...more
For many years, lessors of space to the federal government have struggled with the remedies available to them when the government continues to occupy the space after the expiration of the lease. Such “holdover” tenancies...more
In a thorough opinion last week by Justice Marcy Friedman in Bank of N.Y. Mellon v WMC Mtge., LLC, the New York County Supreme Court upheld the timeliness of “Failure to Notify” claims arising from subprime mortgage-backed...more
An alarming trend is emerging in the first-party insurance claims process. This new approach attempts to dispose of the traditional claims process in favor of an abbreviated process (if any) followed immediately by...more
There is a new provision in the Every Student Succeeds Act (“ESSA”) entitled “Prohibition on Aiding and Abetting Sexual Abuse.” It attempts to prevent school employees who have engaged in sexual misconduct with students from...more
With the onslaught of Affordable Care Act changes, health plan sponsors have much to think about lately. Given the number of other issues affecting them, plan sponsors may feel that HIPAA privacy and security is an issue they...more