Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 193


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HTMLWho Does an Insurance Broker Serve? Somebody!
Steven L. Young; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 9, 2015
The year was 1979 when Bob Dylan’s song “Gotta Serve Somebody” was released on his album Slow Train Coming: “It may be the devil or it may be the Lord, but you’re gonna have to serve somebody.”

 

HTMLDon’t “Dabble” in Employee Benefit Plan Auditing
Peter J. Larkin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on March 27, 2015
For years, U.S. Department of Labor Chief Accountant Ian Dingwall has been advising employee benefit plan administrators to avoid using auditors who “dabble” in employee benefit plans. During this period, the DOL has consistently found that approximately one third of the employee...

 

HTMLIt Takes One to Confront One in a Professional Liability Claim
Brian S. Gatens; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 20, 2015
Would an architect by any other name smell as sweet? The answer is no when it comes to authoring an affidavit of merit in New Jersey. A recent case made clear that an affidavit from a professional licensed in a different field cannot support a professional liability claim, even if they have...

 

HTML“Raging Bull” Settles but Its Repercussions Persist
Laura A. Alos, Adam R. Bialek, Gregory N. Brescia; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on April 9, 2015
The United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc., et al., 134 S. Ct. 1962 (U.S. 2014) delivered a clear message to copyright holders and those who wish to capitalize on those copyrights. The ruling states that invoking laches cannot restrict the relief...

 

HTMLIs Ignorance Bliss for Website Users Confronting Terms of Use Agreements?
Adam R. Bialek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 14, 2015, previously published on April 3, 2015
Have website agreements gone too far? Can too much disclosure cause people to no longer care enough about Terms of Use (TOU) to read them fully before agreeing to them?

 

HTMLBrazil’s Clean Companies Act: One Year Later, Is It Finally Getting Teeth?
George M. Melo; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
While 2014 started with much fanfare over Brazil’s Lei da Empresa Limpa or “Anticorruption Law” (Lei no. 12.846/2013), also referred to as the “Clean Companies Act” (CCA), coming into effect, it seems that the remainder of the year was spent quietly with companies...

 

HTMLNYDFS to Collect Data on Cyber Security, but Could Hackers Use This Database as a Road Map to Launch Targeted Attacks?
Jonathan L. Bing, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 6, 2015, previously published on March 31 2015
On March 26, 2015, the New York State Department of Financial Services (NYDFS) announced that it is broadening the scope of questions and topics in its current information technology (IT) examination framework. In addition, the NYDFS requires insurers to provide a response to 16 questions about...

 

HTMLFDA Approves Biosimilar Agent Zarxio: Dawn of a New Era in Pharmaceutical Therapy and Product Liability Law
Amy L. Baker, Genese K. Dopson, Jae Hong Lee; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 13, 2015
The FDA's approval on March 6, 2015, of Sandoz's Zarxio (filgrastim-sndz) is a momentous occasion for pharmaceutical therapy and product liability law in the United States. Catching up with Europe (where Sandoz's identical Zarzio has been marketed since 2009), Zarxio is the first...

 

HTMLConcussion Litigation: The Next Frontier
Anthony B. Corleto, Jae Hong Lee; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 13, 2015
By now everyone has heard about the widely reported concussion lawsuits - former professional players suing because they claim to suffer from a form of brain injury, chronic traumatic encephalopathy (CTE), linked to repetitive head trauma. The condition has afflicted athletes across the spectrum of...

 

HTMLDisgorgement of Profits Not Available for Arbitrary and Capricious Benefits Denial - This Time
Robert P. Lesko; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 24, 2015
Wrongful denial of employee benefits will not expose plan fiduciaries to equitable remedies - such as disgorgement of profits - where restoration of benefits is adequate to make the claimant whole, says the Sixth Circuit in Rochow v. Life Ins. Co. of N. Am., No. 12-2074 (March 5, 2015). So the...

 


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