• Five Questions To Ask About Your Company’s Cybersecurity Insurance Policy

    By Jack Harrington, Esq. Email Jack April 27, 2017 Companies of all shapes and sizes understand the importance of general commercial liability coverage. But, with the unprecedented rise in cyber attacks—particularly against businesses that collect and store the personal, medical, or financial data of their customers—how many companies have invested in the necessary cybersecurity insurance coverage?  PwC estimates that cyber insurance premiums will reach $7.5 billion by the end of the decade. However, not all cybersecurity insurance policies are created equal, and companies must evaluate their unique risk profile and pay careful attention to how their insurance carrier defines key terms in their ...

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    Wednesday, April 26th, 2017

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  • Is Your Insurance Company Really on Your Side? Be Sure.

    By Christine Malafi, Esq. Email Christine March 30, 2017 Liability insurance policies provide both indemnification and defense coverage to insureds when they are sued for injuries and/or damages. Insurance policies also contain various exclusions, or exceptions, from insurance coverage. After an insured notifies its insurance company of a lawsuit brought against it, the insurance company investigates the claim and the coverage provided to the insured under the terms of the applicable insurance policy. The insurance company then determines whether the suit is covered, not covered, or possibly covered under the terms of the policy. If the lawsuit is covered by an insurance policy, and ...

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    Wednesday, March 29th, 2017

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  • When in Doubt, Yell “Fore!”

    By Devon Palma, Esq. Email Devon March 30, 2017 It is officially spring and that means that golf season is here. For golfers, there are few things better than their first time back on a golf course after the snow melts and the weather gets warm. The last thing you are thinking about as you are breathing in the fresh spring air and teeing up for the first time this season is “what is my liability if this tee shot ends up hitting someone?” Nevertheless, while it is something seldom thought about, every golfer should be aware of their liability as they head out to ...

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    Wednesday, March 29th, 2017

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  • Roadmap to a Valuable Teaming Agreement, Part 2

    By Edward Karan, Esq. Email Eddie March 30, 2017 My last article on Teaming Agreements focused on the most critical aspects of the parties’ relationship that such agreements must address.  The focus of this article is the enforceability of Teaming Agreements. To recap, teaming arrangements (memorialized in a Teaming Agreement) are organized so that one company is the prime contractor and one or more other companies are subcontractors.  The prime contractor generally interfaces with the government.  The prime contractor agrees that if awarded the government contract, it will use the subcontractor’s goods or services.  Conversely, the subcontractor agrees that it will provide the goods ...

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    Wednesday, March 29th, 2017

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  • A New Cybersecurity Reality for the New York Insurance and Financial Services Industries

          By Jack Harrington, Esq. Email Jack Published in the Hauppage Reporter, March 2017 February 10, 2017 On March 1, 2017, the New York financial services industry will awaken to a new regulatory regime designed to set minimum standards for the development and functionality of cybersecurity programs.  The New York State Department of Financial Services’ (“DFS”) proposed cybersecurity regulation (the “DFS Rule”) will cover any institution doing business in New York pursuant to a license, registration, charter, or similar authority under New York’s Banking, Insurance, or Financial Services Laws.  Companies outside the financial services sector should also take heed, as regulators overseeing other industries may use the ...

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    Thursday, February 09th, 2017

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  • Volkswagen Guilty Plea Sets New Standards for White Collar Investigations and Enforcement

        Published in The Suffolk Lawyer March 2017 By Jack Harrington, Esq. Email Jack On Wednesday, January 11, 2017 German auto-maker Volkswagen pleaded guilty to charges of conspiracy to commit wire fraud and to violate the Clean Air Act, as well as customs violations and obstruction of justice.  The company agreed to pay an astounding $4.3 billion in criminal and civil penalties, which when combined with the settlements paid to car owners may total an eye-popping $20 billion. The federal investigation stems from Volkswagen having lied about emissions tests for approximately 11 million diesel vehicles.  U.S. regulators began investigating the company after an academic study demonstrated that ...

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    Friday, January 27th, 2017

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  • EEOC Proposed Enforcement Guidance for Addressing Unlawful Harassment

    By Vincent Costa, Esq. Email Vinny January 27, 2017 On January 10, 2017, the U.S. Equal Employment Opportunity Commission requested public input on proposed enforcement guidance for addressing unlawful harassment in the workplace and hostile work environments under Title VII of the Civil Rights Act of 1964.  Harassment claims have risen over the past few years and the proposed guidance follows a June 2016 EEOC report.  While there are a number of classes protected under federal and state law, harassment claims based on sex, race, and/or disability appear to be most common.  Employers should be aware of the legal standards and potential liability ...

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    Friday, January 27th, 2017

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  • To Mediate or Not to Mediate

    By Scott D. Middleton, Esq. Email Scott January 27, 2017 Mediation can either be a great tool to move beyond an impasse or a colossal waste of time and money. Without the proper approach and preparation, the parties may be pushed further apart. In a recent mediation, my client was amenable to settling but the plaintiff, in the lead-up to the mediation, was less than forthcoming. He led me to believe that he was looking for a number to settle at less than six figures. Based upon this understanding, my client agreed to mediation. Of course, we prepared our submission for the mediator (as ...

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    Friday, January 27th, 2017

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  • Roadmap to a Valuable Teaming Agreement

    By Edward J. Karan III, Esq. Email Eddie December 20, 2016 Recently, a client inquired about forming a joint venture with another company to bid on government solicitations.  While joint ventures are one vehicle, there is another option that is often less expensive and less risky: a teaming arrangement, which is memorialized in a Teaming Agreement. Generally, teaming arrangements are organized so that one company is the prime contractor and one or more other companies are subcontractors.  The prime contractor generally interfaces with the government.  The prime contractor agrees in the Teaming Agreement that if awarded the government contract, it will use the subcontractor’s ...

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    Tuesday, December 20th, 2016

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  • JP Morgan Pays $264 Million to Resolve “Princelings” FCPA Investigation

    By Jack Harrington, Esq. Email Jack December 20, 2016 Last month, JP Morgan entered into a landmark settlement agreement in which it agreed to pay $264.4 million to the DOJ, SEC, and Federal Reserve to resolve Foreign Corrupt Practices Act (“FCPA”) offenses for providing jobs to the relatives of Chinese government officials to secure the underwriting of Chinese state-owned companies’ initial public offerings (“IPO”).  While this is not the first time an American company has settled an FCPA case on similar facts, the JP Morgan investigation trumps all others in terms of its scope and the audacity of the alleged bribery scheme.  The ...

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    Tuesday, December 20th, 2016

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