March 04, 2019 | FC&S Insurance
Insureds’ Misrepresentations in Coverage Litigation Do Not CountHere, the authors explore whether an insurer can cite an insured’s alleged misrepresentation made during the post-denial coverage litigation as a basis to invoke the fraud clause and bring a claim under the New Jersey Insurance Fraud Prevention Act.
By Brian M. Block and Michael F. Bevacqua Jr.
9 minute read
February 28, 2019 | New Jersey Law Journal
Insureds' Misrepresentations in Coverage Litigation Do Not CountCan an insurer cite an insured's alleged misrepresentation made during the post-denial coverage litigation, as a basis to invoke the fraud clause and bring an IFPA claim?
By Brian M. Block and Michael F. Bevacqua Jr.
9 minute read
November 13, 2018 | New York Law Journal
An Owner's Response to Potential Subcontractor LiensIn their Construction Law column, Kenneth Block and Josh Levy consider the scenario when your client is the owner of a construction project nearing completion when she is approached by her general contractor that he owes more money to his subcontractor than she will owe to him, and also a mechanic's lien has been filed by one of his subcontractors. What are your client's options if she doesn't want to increase the contract sum and continue working with the general contractor?
By Kenneth M. Block and Joshua M. Levy
5 minute read
July 02, 2018 | Legaltech News
Making Blockchain Real Using Regulatory SandboxesBlockchain testing in sandboxes is an excellent way to test concepts and refine them through an iterative process, which can help mold the blockchain for a number of different uses.
By Edward Block and Peter Vogel, Foley & Lardner
2 minute read
June 19, 2018 | New York Law Journal
Conditions Precedents in Construction ContractsIn their Construction Law column, Kenneth Block and Joshua Levy explore the differences between typical contract terms and those that rise to the level of conditions precedent, the latter requiring strict compliance to avoid forfeiture.
By Kenneth M. Block and Joshua M. Levy
1 minute read
April 13, 2018 | The Legal Intelligencer
Hybrid Medical Devices Granted Express Pre-emption by Third CircuitOn March 1, the U.S. Court of Appeals for the Third Circuit addressed an issue of first impression: how courts should apply an express pre-emption provision to state law tort claims challenging the design and manufacture of a hybrid medical device, defined as a medical device comprised of differently classified components.
By Megan E. Grossman and Asher A. Block
6 minute read
March 13, 2018 | New York Law Journal
Recent Developments in Neighbor LitigationIn their Construction Law column, Kenneth M. Block and Joshua M. Levy write: Where a developer finds an uncooperative neighbor, recourse is available through Real Property Actions and Proceedings Law Section 881, pursuant to which the developer may obtain a license to enter the neighbor's property. Although 881 is silent as to the conditions for granting the license, a body of case law has developed providing guidance. This article discusses some of the more notable cases. Each case is fact specific and the foregoing discussion is intended only to provide guidance as to how a particular court would rule on a given issue.
By Kenneth M. Block and Joshua M. Levy
7 minute read
March 12, 2018 | Legaltech News
Benchmarking Cybersecurity: CISO Perspectives on Managing Evolving Global RisksBy emphasizing training, communicating effectively, and acknowledging the increased influence of the cloud, companies of all sizes in most industries are succeeding in greater numbers.
By Jessica Block, Ankura Consulting and Ari Kaplan, Ari Kaplan Advisors
11 minute read
December 01, 2017 | Texas Lawyer
Careful: Your Refrigerator Might Be Listening (Think IoT)!Our mobile phones and tablets serve as jukeboxes, video arcades, personal assistants and encyclopedias, and we can get an answer to almost any question by simply saying, “Hey Siri” (or “Hey Alexa” or “Hey Genie”).
By Eric Levy, Eddie Block and Peter Vogel
7 minute read
November 13, 2017 | Legaltech News
Decrypting the Ethical Implications of Blockchain TechnologyAdopting a few common-sense measures when deploying blockchain and smart contract technology can help avoid the unauthorized practice of law.
By John R. Storino, Justin C. Steffen, and Matthew T. Gordon, Jenner & Block
7 minute read