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September 11, 2023 | New York Law Journal

Technology Is Changing How Lawyers Serve Insurers

Like it or not, technological changes are on the horizon for the legal profession. This article highlights how lawyers will need to consider the ways in which technology tools can improve the way they serve insurers—while also being aware of the risks.
7 minute read
September 10, 2023 | New York Law Journal

Decanting a 'HEMS Only' Trust in Favor of an SNT

New York's decanting statute is a tool frequently used by practitioners. In this article, Joseph T. La Ferlita and Nicholas G. Moneta suggest that a targeted technical amendment to EPTL 10-6.6 should be considered to address the potential issues the decanting statute presents.
7 minute read
August 31, 2023 | New York Law Journal

Fraudulent Incorporation Confirmed as Basis for Criminal Health Care Fraud Charges

In his Insurance Law column, Michael Sirignano discusses how those who commit no-fault automobile insurance fraud using illegally owned and controlled medical corporations no longer have to be concerned solely about potential civil liability—they also should fear criminal prosecution.
9 minute read
August 21, 2023 | New York Law Journal

Court Resolves Issues of Insurance Law and Cases Involving Insurers

During this past term, the Court of Appeals decided a number of important insurance law questions and cases involving insurance carriers that established precedents for insurers and for other parties. The opinions of the court in the four cases discussed here were written by different judges.
12 minute read
August 14, 2023 | New York Law Journal

New York Legislators Take a Stand on Deep Fakes

After briefly describing deep fakes and highlighting several relatively famous (or infamous) examples, this column will focus on a number of bills introduced recently in the New York legislature—including one in particular that may soon be heading to the governor's desk.
10 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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August 11, 2023 | Pro Mid Market

Who Got the Work: Bowman and Brooke, Paul Weiss Defend Uber in Negligence Suit, Unum Life Insurance Taps Mirick O'Connell Atty in ERISA Suit

Bowman and Brooke and Paul, Weiss, Rifkind, Wharton & Garrison have entered appearances for Uber in a pending negligence lawsuit; a Mirick O'Connell attorney has been tapped by Unum Life Insurance Co. of America as defense counsel in a pending ERISA lawsuit.
2 minute read
July 06, 2023 | New York Law Journal

Fraudulent Injury Lawsuits and Unnecessary Surgeries Exposed in Trip-and-Fall Scheme

Personal injury attorney George Constantine and orthopedic surgeon Andrew Dowd were convicted by a Manhattan federal jury late last year for knowingly profiting from a massive $31 million trip-and-fall accident scheme.
9 minute read
June 16, 2023 | New York Law Journal

'Lottery Lawyer' Is Sentenced to 13 Years in Prison for Fraud Scheme Against Jackpot-Winning Clients

Jason Kurland was convicted of wire fraud, honest services wire fraud, money laundering, and conspiracy to commit wire fraud and money laundering at the conclusion of his trial in the Eastern District of New York in summer 2022.
3 minute read
June 16, 2023 | New York Law Journal

Biometric Regulation Leaps Forward With FTC Policy Statement

A number of states across the country have passed laws focused on regulating the commercial use of facial recognition and other biometric information technologies. Here in New York, bills were introduced in January and February relating to biometric privacy. Most importantly, on May 18 the Federal Trade Commission (FTC) issued the policy statement "Biometric Information and Section 5 of the Federal Trade Commission Act." After briefly reviewing the current developments, this article delves into the policy statement and the implications for businesses in New York and elsewhere.
10 minute read
June 14, 2023 | New York Law Journal

The Gallo Exemption: What It Is and Why You Should Know About It

While the scope of the Gallo exemption is narrow, some of those trusts to which it applies are still in existence. The practitioner should realize that certain modifications of a Gallo exempt trust, including, for example, modifications via a decanting or court proceeding, could inadvertently trigger a GST tax.
8 minute read

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