By Peter A. Halprin, Jeffrey Schulman and Mikaela Whitman | May 21, 2021
As both the number and type of New York businesses in the legalized cannabis industry continue to grow, their need for insurance coverage will only expand.
By William G. Passannante | May 21, 2021
Because SPACs present novel issues, we expect both plaintiff's lawyers and insurance companies to take some creative positions not always helpful to D&O policyholders.
By Andrea Schillaci and Ryan P. Maxwell | May 21, 2021
Protecting a business, large or small, from the fallout of a global crisis can mean the difference between keeping the doors open and shutting them for good.
By Alan Levin and Elliott Schreffler | May 21, 2021
Businesses forced to shut-down to mitigate the spread of COVID-19 are turning to their business interruption policies to recover losses. These claims are routinely denied given that the policy requires some sort of physical loss or damage before coverage will trigger. Various states have introduced legislation seeking to protect insureds from these coverage denials.
By Andrew R. Jones, Corey M. Cohen and Nicole A. Palermo | May 21, 2021
Therefore the "30-day rule" lives to fight another day, but great care should be exercised in determining precisely when the 30-day clock begins ticking.
New York Law Journal | Analysis
By Angela Turturro | May 17, 2021
In this Special Report: "'Biaca-Neto' (To Be Continued)," "As Online Shopping Explodes, So Do Product Liability Claims Against E-Commerce Platforms," "The Deliberative Process Privilege: Impediment to Freedom of Information?" and "Interest Tolling in Mortgage Foreclosure Actions Abrogates Contract Rights and Is Unlawful Under CPLR 5001."
New York Law Journal | Commentary
By Adam M. Swanson and Jessie D. Bonaros | May 14, 2021
When viewed in its proper context, tolling prejudgment interest is contrary to the plain language of CPLR 5001(a), legislative intent and Court of Appeals precedent.
By Jared R. Friedmann and Michael Goodyear | May 14, 2021
Prior to 2019, courts around the country consistently held that e-commerce platforms were not liable for injuries caused by products sold on their platforms, finding them to be mere facilitators of third-party transactions. More recently, however, their potential liability is less clear. This article examines this shift in order to provide guidance as to how companies may be able to limit future potential liability.
By Raymond C. Green | May 14, 2021
If there is a trial, it remains to be seen what, if anything, plaintiff purports as the violation of §240 that was a proximate cause of his accident.
By Mitchell Cohen | May 14, 2021
This article provides a discussion of Justice Amy Coney Barrett's recently-authored opinion in 'Fish and Wildlife Service v. Sierra Club', in which the Supreme Court has construed a key privilege in FOIA jurisprudence in such a fashion as to likely put a serious damper on the ability of requesting parties to obtain record material.
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