Patricia Kane

October 06, 2020 | New York Law Journal

During the pandemic, Governor Cuomo has issued a series of executive orders that have suspended procedural deadlines, including the statute of limitations. Various articles have been written that describe these executive orders as a toll of the statute of limitations for court. This article discusses the important legal distinction between a "toll" and a "suspension."

By Thomas F. Whelan

11 minute read

October 06, 2020 | New York Law Journal

Does a matrimonial lawyer witness violate Rule 3.7(a)(2) by submitting an affirmation referring to matters beyond the nature and value of legal services he rendered? A discussion of this and other related ethical questions.

By Chris McDonough and Joel R. Brandes

10 minute read

October 05, 2020 | New York Law Journal

A discussion of the benefits of online mediation for matrimonial disputes.

By David B. Saxe and Joaquin Ezcurra

7 minute read

October 02, 2020 | New York Law Journal

A discussion of key issues that are likely to arise in numerous claims on R&W policies in our post-COVID world, and provides some practical suggestions for both insurers and policyholders to resolve them efficiently and according to policy terms.

By Jane M. Byrne and Guyon H. Knight

9 minute read

October 02, 2020 | New York Law Journal

Almost all modern commercial crime policies contain in the body of the form an express promise of insurance coverage for losses directly resulting from "computer fraud." Unfortunately, many crime insurance companies fight computer fraud insurance claims regularly.

By Joshua Gold

6 minute read

October 02, 2020 | New York Law Journal

There was much speculation at the beginning of the COVID-19 shutdown about how insurers would respond to the pandemic. Would business interruption insurance cover losses and what those payouts would actually look like? Six months later and the picture is becoming clearer as a wave of suits have been brought by companies denied coverage and decisions are starting to come down.

By Caroline Morgan

8 minute read

October 02, 2020 | New York Law Journal

A number of states, including Illinois, Texas, Washington State, and Arkansas, have enacted privacy laws specifically addressing biometric information, while other states, including New York, have expanded existing laws to include biometric information. The authors provide an overview of current and proposed biometric privacy laws and related litigation, as well as insurance coverage issues arising from biometric privacy claims.

By Scott M. Seaman, Judith A. Selby and John E. DeLascio

7 minute read

October 02, 2020 | New York Law Journal

There are many unanswered questions concerning whether and to what extent privacy rights will be enforced in New York against cooperatives, condominiums, and other property owners and management entities who hold confidential information about shareholders and unit owners.

By Ira Brad Matetsky and William A. Jaskola

11 minute read

October 01, 2020 | New York Law Journal

Low-income New Yorkers' access to the Bankruptcy Courts, oddly, hangs in the balance of an upcoming luxury condo dispute.

By Claude M. Millman

8 minute read

September 30, 2020 | New York Law Journal

The current pandemic has raised issues for trusts and estates practitioners that would have garnered very little attention in our pre-COVID-19 world. From the mechanics of notarization to the simple act of being able to meet face-to-face with clients, our new reality has forced us to adjust in ways we never deemed imaginable.

By Sanford J. Schlesinger and Ross Katz

12 minute read