By Marcia Coyle | December 10, 2019
"Why doesn't the government have to pay its contracts like everyone else?" Justice Stephen Breyer asked at one point during Tuesday's arguments.
New York Law Journal | Analysis
By Francis J. Serbaroli | November 25, 2019
In his Health Law column, Francis J. Serbaroli discusses New York's new SHIELD Act, which imposes new data security and data breach reporting requirements on any entity in possession of private information of New York residents regardless of whether the entity is located in New York. The Act also levies higher penalties for non-compliance with its data security and reporting requirements, but does not provide for a private cause of action.
By Michael Riccardi | November 6, 2019
The rule, which was scheduled to go into effect Nov. 22, was vacated as unconstitutional and adopted in violation of the Administrative Procedure Act.
By Amanda Bronstad | October 8, 2019
The lawsuits are the first to be filed by school districts but join dozens of other lawsuits alleging Juul's marketing caused children to become addicted to its products.
New York Law Journal | Analysis
By Michael J. Hutter | October 2, 2019
in his Evidence column, Michael J. Hutter discusses the background and decision in 'Brito v. Gomez', where the issue was whether a plaintiff who makes a claim for lost earnings and/or loss of enjoyment of life waives the physician-patient privilege with respect to prior injuries not raised in the action by the plaintiff.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | September 30, 2019
In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss a recent trial level decision that addressed what appears to be a new approach by some health care providers to impede potential malpractice actions before rendering treatment. In a detailed analysis reminiscent of the decisions assessing exculpatory releases, Justice Sanford N. Burland concluded that the challenged provisions were unenforceable.
New York Law Journal | Analysis
By Sidney Kess | September 20, 2019
Under a recently finalized rule, employers of any size can offer a new Individual Coverage HRA starting Jan. 1, 2020, as an alternative to traditional group health coverage without running afoul of ACA. What's more, beginning Jan. 1, 2020, employers with traditional group health coverage can offer a supplemental type of HRA to help employees pay for what traditional health coverage does not. In his Tax Tips column, Sidney Kess discusses these new options.
By MP McQueen | September 4, 2019
A 25 million record data breach at a collection agency serving hospitals including New York's Mount Sinai and laboratories including Quest Diagnostics and LabCorp is a wake-up call for in-house counsel and compliance officers to address risks from business associates, lawyers said.
New York Law Journal | Commentary
By Robert M. Pennoyer | August 7, 2019
The legislators who, to put their right-to-life doctrine into law, enacted total bans on abortion forgot that this is America. We have a Constitution.
New York Law Journal | Analysis
By David M. Barshay | August 7, 2019
In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses the regulations and landmark decisions pertaining to insurance carriers withholding payment for medical services provided by fraudulently incorporated enterprises to which patients have assigned their claims.
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