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May 17, 2013
On May 7, 2013, a divided panel of the NY Court of Appeals issued an important opinion, in Roman Catholic Diocese of Brooklyn v. National Union Fire Ins. Co. of Pittsburgh, Pa., 2013 N.Y. Slip. Op. 03264 (May 7, 2013). The court affirmed, by a plurality, the Appellate Division’s ruling that at least one occurrence per year of abuse transpired under the policy wording at issue.
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May 15, 2013
The decision, which ordered the defendants to produce documents and the clerk to unseal papers filed in motion practice, represents a new and troubling broadening of the scope of discovery in bad faith cases.
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May 15, 2013
The process of serving foreign defendants can be a long and costly path through the Central Authority or courts of a foreign country under The Hague Convention (on the Service Abroad of Judicial and Extrajudicial Documents), and sometimes the requests for service go unanswered for several months, leaving litigants to wonder whether they will ever be able to pursue their case.
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May 14, 2013
Magistrate Judge Westmore recommended that the U.S. District Court for Northern California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection Act (ACPA). Facebook v. Cyber2Media, Inc. et al., Case No. 4:11-cv-03619, (N.D.Ca., April 30, 2013).
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May 14, 2013
In an opinion issued April 30, In re Fitness Holdings International, 2013 U.S. App. LEXIS 8729, the U.S. Court of Appeals for the Ninth Circuit joined a number of other circuit courts in recognizing the authority of courts to recharacterize purported debt owed by a corporation as equity.
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May 13, 2013
David B Sunshine and J Trevor Cloak explain what fan fiction authors need to know about copyright protection.
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May 08, 2013
A recent Chancery Court decision underscores the broad scope of a director's right to information, even where he is a plaintiff in litigation action against the corporation. In Kalisman v. Friedman, the court held that a corporation could not assert the attorney-client privilege or work-product doctrine to withhold documents from a director who had been frozen out of the deliberative process on a controversial recapitalization plan.
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May 08, 2013
Jason Beckerman and Ryan Kearney of the New York Downtown office published an article in The New York Law Journal titled, “Accountability in Elevated Construction Accidents,” which discusses the traction to reform New York’s well-known scaffolding statute embodied in Labor Law § 240(1). Over the past two decades the law has evolved into a windfall for a small group of plaintiff’s attorneys, while simultaneously causing construction insurance premiums to skyrocket. With increased insurance costs real estate development in and around New York City has become limited, causing major developers to look to other states for development sites. To read the article, click here.
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May 07, 2013
The 2nd Circuit's decision affirmed the Southern District of New York’s dismissal of Saint Vincent’s claims and addressed the pleading standards for allegations of breach of fiduciary duty with respect to management of an ERISA plan.
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May 07, 2013
The Internal Revenue Service issued proposed regulations addressing the requirement under Section 501(r)(3) of the Internal Revenue Code that tax-exempt hospitals conduct community health needs assessments. The proposed regulations also provide details on related reporting obligations and the consequences of noncompliance with CHNA.
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May 06, 2013
On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated property located in the state.
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May 03, 2013
Judy Mayer, an associate in the firm's Health Law Practice Group in Philadelphia published an article titled,
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May 02, 2013
On April 26, Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, unveiled bipartisan draft legislation (Draft Legislation) to clarify federal oversight of pharmaceutical compounding.
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May 02, 2013
Massachusetts’s Division of Insurance issued a bulletin mandating prompt investigation of business interruption, property damage and medical insurance claims by policyholders victimized by the Boston Marathon bombings and stated the Insurance Commissioner expects insurers to offer extensions of reporting timelines and other requirements to displaced insureds.
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May 01, 2013
On April 26, CMS issued a crucial payment system rule that proposes updated rates and regulatory policies for inpatient and for long term care hospitals. The Proposed Rule incorporates update factors for FY 2014 rates effective October 1, 2013 and sets forth new proposed policies and policy revisions.
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May 01, 2013
Many have been there. Your department receives notice of an accident, a copyright dispute arises, or an employee files a claim with your local employment commission as precursor to a claim for benefits or discrimination. Your first thoughts are, "Will you be sued, and what is the likelihood of success?"
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May 01, 2013
Angelo Savino, chair of the professional liability practice in Global Insurance, published an article in Best's Review addressing the issue of claims having decreased but D&O insurers face a potentially volatile underwriting landscape. To read the complete article click here.
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April 30, 2013
A variety of patent issues arise from the act’s Biologics Price Competition and Innovation Act.
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April 24, 2013
Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and corporations don't have the right to plead the Fifth Amendment at an organizational level. However, with governmental investigations of varying types on the rise, and in-house counsel advising the corporation and preparing witnesses for participation in these investigations, the Fifth Amendment and its protections are an important tool in protecting the company and its employees from self-incrimination.
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April 24, 2013
Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to agency decision-making. Without that deference, people and corporations would often have an incentive to try to impair (or at least delay) agencies' actions through court challenges.
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