Document(s) published by this organization: 256
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|EEOC Issues Proposed Regulations on ADA Application to Employer Wellness Programs|
Caroline J. Berdzik, Jennifer M. Mannion; Goldberg Segalla LLP;
April 29, 2015, previously published on April 17, 2015On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued its highly anticipated proposed regulations amending how Title I of the Americans with Disabilities Act (ADA) applies to the increasingly popular employer wellness programs. The proposed rule is designed to provide...
|Non-Union Employers Must Beware the NLRB|
Sean P. Beiter, Caroline J. Berdzik; Goldberg Segalla LLP;
April 24, 2015, previously published on April 8, 2015For close to 75 years, non-union employers have had little reason to fear, let alone think about, the National Labor Relations Board, except until a union initiated an attempt to organize its employees. However, as evidenced by the March 18, 2015 Report of the General Counsel Concerning Employer...
|New York WC Carriers and TPAs, Beware: A New Debt-Collection Game Is in Town|
Paul J. Kilminster; Goldberg Segalla LLP;
April 17, 2015, previously published on March 30, 2015New York workers’ compensation insurance carriers and third-party administrators are learning the hard way that some New Jersey health care providers are taking “If at first you don’t succeed ¿ sue!” to a new level. Recently, a number of New York carriers and/or their...
|First Impressions Are Lasting: New Defense Available in Delaware for Auditors and Other Third Parties in Corporate Misconduct Claims|
Seth L. Laver, Jonathan S. Ziss; Goldberg Segalla LLP;
April 17, 2015, previously published on March 2015In a case of first impression before the Delaware Chancery Court, the defense of in pari delicto was applied in favor of an auditor to defeat claims brought by the receiver of several insolvent insurance entities. This decision sets important and favorable precedent for the defense of accounting...
|NY Dept. of Financial Services Requests Detailed Cyber Security Reports From Insurers|
John J. Jablonski, Sandra M. McDermott, Frederick J. Pomerantz; Goldberg Segalla LLP;
April 14, 2015, previously published on April 8, 2015Cyber security is clearly one of the highest priorities — if not the top concern — for regulators in 2015. Late last month, the New York Department of Financial Services (DFS) sent more than 160 licensed insurers a New York Insurance Law Section 308 Letter seeking a detailed report...
|New York Amends Controversial Provisions of Replacement Regulation|
Sandra M. McDermott; Goldberg Segalla LLP;
April 14, 2015, previously published on April 8, 2015After almost two decades, the New York Department of Financial Services (DFS) has approved amendments to New York Insurance Regulation 60, which will now permit insurance agents to immediately bind coverage where an existing life insurance policy or annuity contract is being replaced. The Third...
|Meth Is Not “All Natural”: Failure To Conform Exclusion Bars Coverage for False Advertising Lawsuits|
Michael P. Kandler, Michael F. Lettiero; Goldberg Segalla LLP;
March 24, 2015, previously published on February 10, 2015In General Star Indemnity Co. v. Driven Sports, Inc., 2015 U.S. Dist. LEXIS 7966 (E.D.N.Y. Jan. 23, 2015), General Star Indemnity Co. (“Gen Star”) issued a commercial lines policy to Driven Sports, Inc. (“Driven”), a producer and seller of an energy supplement called Craze....
|Judicial Call for More Guidance on Punitive Damages Awards|
H. Lockwood Miller, Lisa M. Robinson; Goldberg Segalla LLP;
March 24, 2015, previously published on December 8, 2014Earlier this year, in a bellwether trial in the Actos multidistrict litigation, a Louisiana federal court jury awarded $9 billion in punitive damages to plaintiffs who claimed that the use of the diabetes drug Actos caused bladder cancer. Not surprisingly, post-trial challenges followed. In...
|Employer Liability for Privacy Breach?|
Seth L. Laver, Seth L. Laver, Michael P. Luongo, Michael P. Luongo; Goldberg Segalla LLP;
March 24, 2015, previously published on January 26, 2015Professionals are often entrusted with confidential information. Ethical rules as well as federal and state laws limit when such information may be accessed by professionals and under what circumstances it may be disseminated. Sure, professionals may be held accountable for errors that result in...
|Key NYCAL Asbestos Rulings Following $190 Million Verdict. What Does It Mean?|
Paul S. Haberman, Andrew J. Scholz; Goldberg Segalla LLP;
March 24, 2015, previously published on February 17, 2015On February 5, 2015, New York County Supreme Court Justice Joan A. Madden issued a post-trial decision involving an asbestos consolidated trial that resulted in a $190 million plaintiffs’ verdict for five mesothelioma plaintiffs.