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October 22, 2020 | New York Law Journal

'Eerie': Lawyers Who Tried NYC's First Jury Trials of the COVID Era Adapt to Transformed Courtrooms

Lawyers said they hope the courts are able to scale up and hold more trials at once — only a handful of civil jury trials were held this week in the Bronx, Brooklyn and Staten Island, with more coming in Queens and Manhattan next week—but questioned how it could happen logistically.
4 minute read
May 22, 2020 | New York Law Journal

As Coronavirus-Related Job Losses Surge, Employers Should Brace for an Influx of Disability Discrimination Lawsuits

In preparation for this influx of litigation, this article provides an overview of "failure to accommodate" claims under the Americans with Disabilities Act (ADA), which will be a centerpiece of coronavirus litigation for years to come.
7 minute read
May 07, 2020 | New York Law Journal

Feel Free To Discriminate Against the Mentally Ill: How the ADA Fails Those With Psychiatric Disorders

Under the current environment those with a mental illness are left without any protection at all and the law simply fails to recognize the reality of how mental illness works.
11 minute read
April 13, 2020 | New York Law Journal

What We Can Learn From New York Mental Hygiene Law To Help Us Battle COVID-19: The State of Quarantine Law in New York and Why It Is Flawed

This article addresses basic concepts of due process derived from a deep well of mental hygiene law that are equally applicable to quarantine law. Next, the article addresses federal law surrounding quarantining individuals, New York law, and the law in New York City. Finally, the article discusses proposals for amendments to current quarantine law.
10 minute read
March 19, 2020 | New York Law Journal

Analyzing Force Majeure Clauses in Light of the Coronavirus Outbreak

Will these unprecedented circumstances constitute force majeure events, such that they provide a defense to a claimed breach? This article provides an overview of how New York courts are likely to grapple with this urgent issue.
6 minute read
February 10, 2020 | New York Law Journal

Use of Illegal Gambling Proceeds To Fund Loan Does Not Void Agreement

The decision in 'Centi v. McGillin' clarifies the limits of New York's "illegality" defense, and confirms the court's strong preference for enforcing private agreements according to their terms.
6 minute read
January 29, 2020 | New Jersey Law Journal

Ex-Health Care Fraud Chief of New Jersey US Attorney's Office Launches New York Boutique With Former Colleagues

David Eskew, who was chief of health care fraud unit at the New Jersey U.S. Attorney's Office, joins two other former assistant U.S. attorneys to launch Abell Eskew Landau.
2 minute read
January 28, 2020 | New York Law Journal

3 Ex-AUSAs Reunite for Health Care-Focused Boutique

The three partners all ended up practicing in the health care field, including one who was chief of health care fraud unit at the New Jersey U.S. Attorney's Office and another who worked in-house for the Mount Sinai Health System.
2 minute read
December 17, 2019 | New York Law Journal

NY Comptroller Can Audit Medical Providers Without Patient Approval, NY High Court Rules

The Plastic Surgery Group had challenged a set of subpoenas from the Comptroller's Office for records related to an audit, arguing that each patient involved had to consent to the probe.
6 minute read
November 21, 2019 | New York Law Journal

Subpoena From NY Comptroller to Medical Provider Eyed by NY Court of Appeals

The case provides the high court with a chance to determine whether DiNapoli, the state's chief auditor, may use the subpoena power, or has to jump through more administrative hoops, to find if the state overpaid the medical provider, who's pushed back on the inquiry.
6 minute read

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