PREP Act Pitfalls: Federal Courts Deny Providers Their Due Protections
Written by: Teresa Pike Tomlinson, Esq. and Leesa M. Guarnotta, Esq. From the start of COVID-19 litigation, Federal district courts have failed to uphold the bargain Congress made with healthcare workers and facilities to provide them exclusive
“Be Attuned” To Office of Foreign Assets Control (“OFAC”) Sanctions
Written by: John E. Parkerson, Jr., Esq. An April 19, 2021 U.S. Government settlement proved costly for a domestic U.S. company that was “not attuned” to U.S. laws that restrict doing business with entities in certain countries – f
The Impact of Marital Misconduct in North Carolina
Written by: Kaitlin Romanelli Myers North Carolina is what is considered a “no-fault” divorce state, which means marital misconduct is not relevant to get a divorce. North Carolina allows spouses to get divorced for any reason, so long as th
What You Need to Know About MCS-90 Endorsement
Written by: Duane L Cochenour, Esq. In 1980, Congress passed the Federal Motor Carrier Act, an Act that was intended to increase price competition, and reduce and simplify regulations on carriers. One of the most enduring benefits of the Act was
Eleventh Circuit Holds Websites Are Not Places of Public Accommodation and Rejects the Nexus Standard
Written by: Mariel E. Smith, Esq. In a recent decision, Gil v. Winn-Dixie Stores, Inc., the Eleventh Circuit held that websites are not “places of public accommodation” under Title III of the Americans with Disabilities Act (ADA).
Summary of the Landscape of Civil Immunity against COVID-19 Claims in New York
Written by: Jeffrey T. Wolber, Esq. With the repeal of the Emergency or Disaster Treatment Protection Act (EDTPA) by A.03397/S.5177, the New York legislature has effectively terminated its civil immunity for health care professionals against cl
Civil Immunity for COVID-19 Claims in New York: Impact of the Repeal of the EDTPA
Written by: Jeffrey T. Wolber, Esq. On April 6, 2021, Governor Cuomo signed into law A.03397/S.5177, repealing Article 30-d of the Public Health Law, also known as the Emergency or Disaster Treatment Protection Act, or the EDTPA, which provided
New York DFS Issues Cyber Insurance Risk Framework
Written by: Charles R. Langhorne IV, Esq. Back in March the New York Department of Financial Services (“NY DFS”) issued Circular Letter No. 2 (2021) providing guidance to insurers offering cyber insurance in New York. The guidance pr
Modification of Child Custody
Written by: Kaitlin Romanelli Myers An existing child custody order can be modified if there has been a substantial and material change in circumstances. A modification of child custody requires meeting a two-prong test: (1) that there has been
Amendments to Public Health Law Require Resident Health Care Facilities to Spend 70% of Revenue on “Direct Resident Care,” Cap Facility Profits at 5%, and Limit Executive Pay
Written by: T. Andrew Graham, Esq., Anthony Venditto, Esq., and Evan O’Hara, Esq. In February of 2021, Governor Andrew Cuomo announced that, as part of his effort to enact sweeping nursing home reform legislation, he would not sign a budget fo