By Michael J. Spithogiannis, Esq. and Seth A. Nadel, Esq.Email MichaelEmail Seth The New York Court of Appeals, by a unanimous bench, decided a question that has been highly contested throughout New York State emanating from the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), a mutual insurance company in the business of […]
Continue reading…New York Court Awards Attorney’s Fees To A Patient Sued By a Physician for Defamation Based on a Negative On-Line Review
By David A. Zarett, Esq.Email David Given the ever-increasing prevalence of social media websites which “rate” physicians (such as Zocdoc and Yelp), it is not unusual for a disgruntled patient to post a negative review regarding a particular doctor. Understandably, any negative review creates consternation for physicians, who fear that the adverse publicity will interfere […]
Continue reading…AVOID LITIGATION DISASTER – KNOW THE LAW
By Michael J. Spithogiannis, Esq. & Floyd Grossman, Esq.Email MichaelEmail Floyd Federal and state governments regularly pass laws to protect consumers. It is up to private businesses to adapt. This requires a thorough, well-counseled understanding of legislative objectives. Two recent foreclosure cases illustrate how common sense and extra postage might have averted litigation disaster for the […]
Continue reading…Beware the Consequences of Worker Misclassification
By Mauro Viskovic, Esq.Email Mauro In violation of myriad applicable laws, many businesses will often hire workers as independent contractors, rather than employees. The worker classification determination is often made without a thorough analysis of the applicable factors to be used for making the correct classification and without regard to the potential penalties and consequences for […]
Continue reading…Weiss Zarett Defeats Motion To Dismiss Fraudulent-Conveyance Complaint
By Michael J. Spithogiannis, Esq.Email Michael Fundamentally, a judgment is a decree determining a lawsuit. If the plaintiff is awarded damages, the judgment will direct the defendant to pay. If the defendant refuses, it’s up to the plaintiff to find assets to seize. But what if the defendant hid or transferred assets to avoid paying? […]
Continue reading…NYC MANDATES VACCINATION FOR PRIVATE EMPLOYEES
By Jessica Woodrow, Esq.Email Jessica On December 13, 2021, the Commissioner of the New York City Department of Health and Mental Hygiene issued an emergency Order mandating Covid-19 vaccination for private employees pursuant to Section 3.01(d) of the Health Code and Sections 556 and 558 of the New York City Charter. The emergency Order requires covered businesses […]
Continue reading…HEALTHCARE FRAUD: SELF-DISCLOSURE PROTOCOL UPDATE
By Mathew J. Levy, Esq. & Seth A. Nadel, Esq.Email MathewEmail Seth What is healthcare fraud? There are the obvious cases of greed, such as physicians billing for fictitious patients, services never performed, and the rendering of unnecessary medical procedures. However, there is more to healthcare fraud than the obvious. This includes widely practiced rule-bending to […]
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Business Entity Formation: Choosing the Right Business Structure for Your Needs
By Mathew Levy, Esq. & Mauro Viskovic, Esq.Email MathewEmail Mauro Are you looking to start a business and getting ready to decide on the business entity? Choosing your business’s legal structure is one of the most critical steps you must take in forming your business. Often professionals spend too little time considering what business structure […]
Continue reading…Courts Enforce Contracts As Written – Except Sometimes
By Michael J. Spithogiannis, Esq. & Floyd Grossman, Esq.Email MichaelEmail Floyd A lawsuit is the last thing you would expect when signing a real-estate contract. And if litigation does ensue, you would expect a court to follow established rules of contract interpretation and hold the parties to what they signed. Here we examine a recent court decision […]
Continue reading…Understanding Dental Employment Contracts
By Mathew J. Levy, Esq.Email Mathew Unfortunately, yet understandably, most dentists are reluctant to read all of the provisions in their employment contracts in the belief that they face a “take it or leave it” quandary. However, dentists often do not realize that while there are provisions in such contracts that are standard in the […]
Continue reading…Weiss Zarett & the PAP (Physician Advocacy Program)
Weiss Zarett will continue to offer the PAP (Physician Advocacy Program) for 2022 and we will be providing the same services. The 3 programs offered by the 2022 PAP are as follows: Premium Program $949 per year Legal representation in connection with a matter before the OPMC, OPD, OMIG, MAC, OIG, QIO, OSHA or OCR. Providers […]
Continue reading…Heavy HIPAA Enforcement Efforts!
By Mathew J. Levy, Esq.Email Mathew To date, the U.S. Department of Health and Human Services’ Office of Civil Rights (“OCR”) has resolved 98% of nearly 257,000 Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule complaints. OCR has settled and imposed civil monetary penalties totaling $130,980,482.00. According to the HIPAA Journal, in recent years OCR’s enforcement efforts increased. […]
Continue reading…Banking in the Cannabis Industry: Update on the SAFE Banking Act
By Mauro Viskovic Esq.Email Mauro On April 19, 2021, the U.S. House of Representatives passed the Secure and Fair Enforcement (SAFE) Act of 2021, which would serve to greatly expand the financing alternatives to cannabis-related legitimate businesses and service providers for such businesses. The bill is currently sitting within the Senate’s Committee on Banking, Housing and […]
Continue reading…Commercial Litigation: Enforcing Employee Non-Compete Clauses
By Joshua D. Sussman, Esq.Email Joshua Your Director of Sales suddenly quits and announces they are joining a direct competitor up the road. The new opportunity is in direct breach of their non-compete agreement, which prohibits them from competing with your company within ten miles of your office for two years after the end of […]
Continue reading…Mandatory Vaccination for Healthcare Workers Expanded by New Emergency Regulations
By Jessica Woodrow, Esq.Email Jessica On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council in Albany voted to amend the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), significantly expanding the emergency Covid-19 vaccination mandate previously announced by former Governor Andrew […]
Continue reading…New Jersey District Court Declares Cross-Plan Offsetting a Violation of ERISA
By David A. Zarett, Esq.Email David It has become commonplace for physicians and medical practices to face audits and payment reviews by commercial health insurers and third-party administrators (“TPAs”) under an ERISA plan. If an overpayment is identified, it is not unusual for the carrier or TPA to recoup the funds allegedly owing. One of […]
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