Legal Alerts

On Friday, July 2, 2021, the Eighth Circuit Court of Appeals rendered a decision in Oral Surgeons, P.C. v. The Cincinnati Insurance Company, Case No. 20-3211 (8th Cir. July 2, 2021), upholding the decision of the trial court from the United States District Court for the Southern District of Iowa. Attorney Ryan P. Maxwell provides updates.

Governor Cuomo announced yesterday that New York’s COVID state of emergency, in place since March 7, 2020, has expired as of today, June 24, 2021.  What this means in terms of remote notarization of documents is unclear as the Governor had issued Executive Order 202.7 providing for remote notarization of documents, which had been extended through and including July 5, 2021.  In essence, we have conflicting guidelines as to how to treat this issue. 

Insurance Coverage Attorney Scott D. Storm was featured in the Summer 2021 edition of SIU Today for his article, "Remote Virtual EUOs—No Need for Bathroom Breaks Anymore!" Scott's article focuses on whether it is effective to return to conducting examinations under oath in-person or remotely, post-pandemic. 

Hurwitz & Fine's President/Managing Partner Jody E. Briandi joined a panel of local figures in the greater Buffalo community to speak on the importance of embracing diversity and inclusion in the workplace on Wednesday, June 16, 2021.

Hurwitz & Fine’s head of Business & Commercial Litigation department, Andrea Schillaci, was recently sworn in as President of the Buffalo Niagara Chapter of NAWBO.

Hurwitz & Fine Litigation Chair Michael F. Perley was recently sworn in as 2021 – 2022 President of the Erie County Bar Foundation. 

On May 24, 2021, a series of Administrative Orders were issued affecting procedures in residential evictions, commercial evictions, and foreclosure matters. Attorney Alexis M. Florczak provides updates. 

Labor & Employment Attorney Joseph S. Brown answers five commonly asked questions about COVID-19 vaccination policies.

Despite the recent lifting of mask mandates for vaccinated people across the state, New York has imposed a new COVID safety law, which employers should be aware of.  The new law, the New York Health and Essential Rights (“HERO”) Act, was passed in early May and goes into effect on June 4, 2021. 

Business & Commercial Litigation Chair Andrea Schillaci and Insurance Coverage Associate Ryan P. Maxwell were recently published in the New York Law Journal for their article on the scope of commercial insurance coverages, including supply chain and contingent business interruption.

A newly proposed law in the New York State Senate, which would provide a one-year lookback window for adult survivors of sexual assault, was reported out of the Senate Judiciary Committee this week.  The proposed law, known as the Adult Survivors Act (“Act”), would implement a one-year lookback window for individuals who were sexually assaulted as adults to file claims against their abusers, even if the statute of limitation has already expired. 

Insurance Coverage Chair Dan Kohane, Members Lee Siegel and Diane Bucci, and Associate Brian Barnas, were recently published in Law360’s Expert Analysis section for their article on new legislation being debated in Albany.

Attorney Brian M. Webb provides a short Automobile Liability primer, which highlights several of the key issues to keep in mind when analyzing motor vehicle claims that are venued in New York State.

Litigation Attorney Eric Andrew discusses the practical hazards of negotiating and effectuating settlements in the age of COVID.

Hurwitz & Fine President/Managing Partner Jody E. Briandi was among those honored in the inaugural New York Daily Record’s 2021 Power 50 list.

Hurwitz & Fine Associate Anastasia M. McCarthy was elected to the role of President-Elect of the WNY Chapter of the Women's Bar Association of the State of New York. 

As sexual harassment claims have continued to rise and be brought to light in the the media, now is a good time to revisit your compliance program on sexual harassment prevention. Attorney Ann E. Evanko explains how.

On March 31, 2021, Governor Cuomo signed the “Marihuana Regulation and Taxation Act” (“MRTA”) which legalized the recreational use of marijuana for individuals over the age of 21 and significantly impacts the ability of New York employers to maintain a drug-free workplace.  More specifically, the MRTA amends New York Law Labor Law Section 201-d, which protects employees’ right to engage in certain recreational activities outside of work. Labor & Employment Attorney Joseph S. Brown summarizes the changes to Section 201-d and discusses what steps employers should take to prepare themselves for compliance with the new legislation.

Utilizing Common Law Indemnity as a Risk Transfer mechanism in Labor Law cases, this article analyzes when Common Law Indemnity is available, to which entities it is available and how best to either obtain or avoid indemnity depending on your position in the specific situation.  Attorney Brian F. Mark also addresses the interplay of Common Law Indemnity with Contractual Indemnity as a Risk Transfer strategy.

Hurwitz & Fine had three victories and five attorneys published in The Harmonie’s Group's annual significant cases publication for 2020.