June 15, 2009 | New York Law Journal
Insurer's Use of Peer Review Report at Summary JudgmentJeffrey S. Siegel, a partner at Bruno, Gerbino & Soriano, and Mitchell S. Lustig, an associate at the firm, write that no-fault insurers would be well advised to file summary judgment motions to dismiss in those instances where the claim was denied for lack of medical necessity based upon an affirmed peer review and/or IME report. This, they say, would squarely put the onus upon the medical provider to establish the medical necessity of the services rendered.
By Jeffrey S. Siegel and Mitchell S. Lustig
9 minute read
May 13, 2010 | New York Law Journal
Court of Appeals to Consider Fiduciary Duties of Insurance BrokersMitchell J. Auslander and Christopher J. St. Jeanos, partners at Willkie Farr & Gallagher, write that as New York courts have traditionally declined to impose a fiduciary duty on an insurance broker absent exceptional circumstances, a case recently accepted by the Court of Appeals could significantly change how state law treats the relationship between insurance brokers and the clients for whom they procure insurance coverage.
By Mitchell J. Auslander and Christopher J. St. Jeanos
12 minute read
June 21, 2011 | New York Law Journal
Consumer Financial Protection Bureau: Why All the Fuss?In his Domestic Banking column, Clyde Mitchell, adjunct professor of banking law at Fordham Law School, writes that, as we are coming upon the July 21 anniversary of Dodd-Frank, a number of loose ends still need tying up: who will be appointed director; whether Republicans will be able to replace the director with a "board"; likewise, subject the bureau's budget to the appropriation process; and whether an institution's safety and soundness regulator should have the power to block a rule issued by the bureau that could result in a bank failure.
By Clyde Mitchell
11 minute read
February 18, 2010 | New York Law Journal
Domestic BankingClyde Mitchell, adjunct professor of banking law at Fordham Law School, writes: I have been a Federal Reserve Board watcher for over 55 years, and it appears to be at its low point. The Fed and Chairman Ben Bernanke provided a large handy target for anyone who is unhappy with the current financial crisis, but I, along with many other commentators, believe that the Fed, together with Treasury, saved our financial system.
By Clyde Mitchell
10 minute read
April 08, 2009 | New Jersey Law Journal
Don't Cut Off Your Patents To Spite Your TrademarksThe smart and strategic IP owner sees any recession, even one as severe as this, as an opportunity to make strides against competitors that will position a company well when things turn around.
By Cathryn A. Mitchell
7 minute read
May 31, 2011 | New York Law Journal
No-Fault Rate for Chiropractors for Manipulation Under AnesthesiaVincent Gerbino, a partner at Bruno, Gerbino & Soriano, and Mitchell S. Lustig, an associate at the firm, write that the fees charged for MUA are quite substantial, often in excess of $20,000 for a three-day procedure, so the question of what is the proper no-fault rate or fee for a chiropractor who performs this procedure is of major significance to both no-fault insurers and injured claimants.
By Vincent Gerbino and Mitchell S. Lustig
14 minute read
June 03, 1999 | Law.com
California Attorneys Likely Will Not Escape MCLESchool may soon be back in session for California attorneys. Two years after a court of appeal panel struck down the State Bar's mandatory continuing legal education program, the California Supreme Court sounded ready Wednesday to reinstate it. But judging by the justices' questions during an hour-long oral argument, they may rewrite -- or even excise -- the exemptions given to lawyer-legislators and law professors.
By Greg Mitchell
6 minute read
April 10, 2008 | New York Law Journal
Domestic BankingClyde Mitchell, adjunct professor of banking law at Fordham University School of Law, writes that because of a number of major developments (e.g., Bear Stearns, opening up the discount window, etc.) since Treasury Undersecretary Robert K. Steel's Feb. 8 address to the New York Society of Security Analysts, which gave us a "peek" at what the blueprint for regulatory reform would look like, reform effort appear more real - and much more ambitious.
By Clyde Mitchell
13 minute read
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