As a result of closures mandated by state governments across America, businesses of all types have sustained unprecedented disruptions in their operations resulting in the loss of much, if not all, of their business income. Consequently, many of those businesses have turned to the business interruption coverage in their property insurance policies seeking to recover…

Suddenly, an often-neglected insurance product is about to receive a lot of attention. Organizers of large events all over America are reexamining whether they obtained event cancellation insurance and, if so, what it covers. Event-Related Losses in Connection With Preventing Spread of the Virus Many fear that the economic effects of the COVID-19 pandemic will…

The doctrine of qualified immunity from civil lawsuits against government officials for violations of civil rights has received new scrutiny in the wake of the outrage sparked by the deaths of George Floyd, Breonna Taylor and others at the hands of law enforcement. Much ink has been spilled analyzing the judicial construct of qualified immunity,…

Introduction     The United States of America is experiencing a widespread and prolonged crisis of opioid abuse, drug addiction and overdoses and death.  Unlike other drug abuse crisis of the past, the opioid crisis knows no racial, socioeconomic, gender or age boundaries.  It is claimed to have its genesis in the manufacture and distribution of…

It’s been nearly 19 years since Mark Ian Binsky, Counsel to Abrams, Gorelick, Friedman & Jacobson, LLP, wrote the preceding article as a contributor to the Outside Counsel column of the New York Law Journal. So what, if anything, about the EUO has changed over the course of those 19 years?  For starters, all property…

By Steven M. Berlin, Esq. and Kamilah Mitchell, Esq. Five new laws that will have significant effects on employers throughout New York State take effect January 19, 2016. Signed by Governor Andrew Cuomo with some fanfare, they are further efforts designed to achieve pay equity for women, remove barriers to remedying discrimination, end family status…

A recent amendment to New York Civil Practice Law and Rules 3212 (b) makes it easier to use affidavits of previously undisclosed experts in motions for summary judgment. The amendment, which was signed into law by Governor Cuomo and went into effect on December 11, 2015, provides, “Where an expert affidavit is submitted in support…

By Steven M. Berlin, Esq. and Michael Goldwasser Effective this New Year, the growing community of New Brunswick, in the central part of New Jersey near Edison and Woodbridge, enacted its own paid sick leave ordinance with the aim of reducing public and private health care costs, promoting preventative health care and preventing opportunities for…

Zucker v. Porteck Global Services, Inc., et al., 13-CV-2674 (E.D.N.Y. October 23, 2015) Officers of two health care companies defeated Plaintiff’s attempt to amend a Class Action Complaint to name them as defendants. United States District Judge Joanna Seybert denied Plaintiff’s motion to amend due to Plaintiff’s lack of diligence and inordinate delay, and the…

By James E. Kimmel, Esq. In an important decision on the discoverability of information posted to social media the Appellate Division, First Department, reversed a lower court order directing production of certain information from a Facebook account. However, a dissent may portend a future re-examination of the Court’s decisions in this area. In Forman v.…