Out and Back: COVID-19 Paid Leave Changes in New York

By: Carla Hogan, Esq. & Toni-Ann M. Buono, Esq. In previous articles, we summarized the federal paid-leave laws and regulations under the Families First Coronavirus Response Act (“FFCRA”) and the New York State Paid Sick Leave for COVID-19, and the benefit interplay between the federal, state and New York City laws and regulations. As previously reported, under the New York State Paid Sick […]

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Preliminary Injunctive Relief and Medical Staff Privileging Disputes

By David A. Zarett, Esq. & Zoila Sanchez, JD, MPH (Legal Intern) Adverse action by a hospital against a physician’s medical-staff appointment or clinical privileges—such as summary suspension, termination or non-renewal—poses potentially catastrophic consequences to a physician’s practice and career. While most hospitals afford the physician internal “due process” hearing rights to challenge the adverse […]

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Impact of COVID-19 on Healthcare Providers Involved in Litigation

By: Toni-Ann M. Buono, Esq. As healthcare providers continue to focus their efforts on battling the COVID-19 pandemic, litigators across New York have welcomed once-thought unconventional modes of conducting depositions, hearings and oral arguments with open arms.  As the courts, for the most part, remain closed to all but court personnel, attorneys and clients alike […]

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New Investigations Related To COVID-19

By Mathew J. Levy, Esq. & Zoila Sanchez, JD, MPH (Legal Intern) PRICE GOUGING INVESTIGATIONS: On March 16, 2020, the Department of Justice (DOJ) added new prosecutorial tools to its arsenal, directing each U.S. Attorney’s Office to prioritize the detection, investigation, and prosecution of criminal conduct relating to the current pandemic. DOJ has created a […]

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Force Majeure and Business Interruption in the Age of COVID-19

By Michael D. Brofman, Esq. & Michael J. Spithogiannis, Esq. The onset of the COVID-19 pandemic and government’s response was immediate and stunning, but few had time to fully consider and comprehend the long-term effects on their businesses.  The rights and obligations of commercial tenants to pay rent amid the governmental restrictions, and whether an […]

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Third Department Reverses Award of MLMIC Demutualization Proceeds to Employer, Rules Employee-Policyholder is Legally Entitled to Disputed Funds

By Seth A. Nadel, Esq. As discussed in a prior article, on April 24, 2020, the Appellate Division, Fourth Department, in the case of Maple-Gate Anesthesiologists v. Nasrin, 182 A.D. 3d 984 (4th Dep’t 2020), unanimously affirmed a decis*ion of the Erie County Supreme Court that a physician-policyholder was entitled to the proceeds resulting from […]

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ANATOMY OF A BUSINESS DISPUTE: PREPARING TO SUE

By Michael J. Spithogiannis, Esq. Thorough pre-litigation preparation is essential to any lawsuit, but it is particularly so in a case contesting conduct of those who manage corporations and limited-liability companies.  Such entities can be closely held, meaning their stock or membership interests are not freely traded and are held by relatively few individuals.  In […]

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How To Prepare For A Deposition

By Toni-Ann M. Buono, Esq. During litigation, whether you are a physician, a business owner, or simply a non-party witness, there will likely come a time that you will be faced with having to testify at a deposition.  In Part One of this series, we explained what a deposition is and what to expect during […]

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What To Expect At A Deposition

By Toni-Ann M. Buono, Esq. During litigation, whether you are a physician, a business owner, or simply a non-party witness, there will likely come a time that you will be faced with having to testify at a deposition.  This article explains what a deposition is and what to expect during a deposition.  Part Two of […]

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GUIDANCE FOR TELEHEALTH SERVICES DURING THE COVID-19 PANDEMIC: MEDICAID REIMBURSEMENT AND BUPRENORPHINE PRESCRIBING

By Jessica Woodrow, Esq. & Carla Hogan, Esq. Starting March 13, 2020, the New York State Department of Health (DOH) has allowed electronic/virtual telehealth services for Medicaid beneficiaries for the duration of the ongoing COVID-19 pandemic. Other New York state agencies have followed suit. Additionally, the Substance Abuse and Mental Health Services Administration and the […]

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