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Over the past decade, businesses and institutions with public-facing websites have increasingly turned to internet tracking technologies, such as cookies, pixels, and session replay tools, to optimize their websites and offer website visitors a more efficient and personalized experience, as well as...

When creating trusts for estate-reduction purposes, nothing compares to the Intentionally Defective Grantor Trust. This type of trust is referred to by the acronym “IDGT.” Called by some as an I-D-G-T and others a word that rhymes with “digit,” the IDGT is an excellent tool for reducing the value of...

Account changes by a loved one are often done in secret, and direct evidence of undue influence is rarely available. In cases where manipulation has led to changes in a beneficiary designation that have caused you harm, the claim typically hinges on whether there was a confidential relationship...

On October 21, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty (“CMP”) of $70,000 against a solo dental practice that provides family dental care, Gums Dental Care, LLC (“GDC”), based on a complaint that GDC failed to...

Last month, in DraftKings Inc. v. Hermalyn, the First Circuit Court of Appeals issued a decision concerning the application of California’s non-compete ban to agreements formed outside the state. Broadly, the decision indicates that California’s ban on non-competes does not apply where the non...

On October 16, 2024, the New York Department of Financial Services (“NYDFS”) issued guidance and strategies (“Guidance”) concerning cybersecurity risks that arise in response to the advancements in artificial intelligence (“AI”). While AI technology has, in many cases, positively impacted businesses...

On September 4, 2024, New York Governor Kathy Hochul signed the Retail Worker Safety Act (Labor Law §27-e), which requires certain employers to adopt a workplace violence prevention policy and implement annual training, and further mandates that large retail employers install panic buttons in the...

In October 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced the imposition of a civil monetary payment against Providence Medical Institute (“PMI”), a large medical practice based in Southern California with 275 providers who work in 35...

With fall sports in full swing, it may be easy to miss the fact that the NCAA has also been busy competing in the courtroom. On the same day that a federal judge in California preliminarily approved a $2.78 billion settlement permitting college athletes to apply for payment for their on-field...

California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political matters. Both laws will take effect on January 1, 2025. On September 27, 2024...

In late September 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced a settlement with Cascade Eye and Skin Centers, P.C., a health care provider in the state of Washington (“CESC”), concerning potential violations of the Health Insurance...

This month’s Friday Five covers cases relating to Long-COVID, a class action RICO suit, the physical illness exclusion to accidental death and dismemberment claims, consideration due to an Administrative Law Judge’s disability determination, and self-reported claims of fatigue. The Saul Ewing ERISA...

Unlike casual gaming, esports involves professional players, structured tournaments, and often large audiences, both online and in-person, akin to traditional sports events. With its own ecosystem of leagues, sponsors, and media coverage, esports has evolved into a global phenomenon, drawing...

With the close of summer, businesses across the United States are finally confronting the looming corporate disclosure requirements imposed by the Corporate Transparency Act (CTA) and the New York Corporate Transparency Act (NY CTA). These laws introduce stringent reporting obligations aimed at...

The benefits of a Revocable Trust are three-fold. Firstly, assuming that the Revocable Trust is properly funded with all of a person’s assets, a Revocable Trust helps avoid a state’s probate procedure, which can be costly depending on the state’s specific procedure. Secondly, a Revocable Trust is an...

Most Florida residents are aware that Florida has a homestead exemption law, but there is more to it than one might think. There are actually three different sets of laws in Florida that deal with the homestead. One of those is the “save our homes” exemption. The save our homes exemption limits how...

For many clients, the inclusion of revocable and/or irrevocable trusts as part of their overall estate plan is an important feature. Revocable trusts can allow for probate avoidance and estate tax planning, whereas irrevocable trusts can be useful for leveraging the use of gift and estate tax...

According to the introductory paragraph of the guidelines issued by the Financial Crimes Enforcement Network (“FinCEN”) of the United States Treasury, “[i]llicit actors frequently use corporate structures such as shell and front companies to obfuscate their identities and launder their ill-gotten...

This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the admissibility of expert and lay testimony from a physician in a trial over LTD...

“Substantial Completion” is a critical concept in construction contracts and one as to which parties often have contrary conceptions. Finding a definition of Substantial Completion acceptable to both the owner and the construction contractor on a project (not to mention one that aligns with the term...

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