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  November, 2008

• Straight Answers for Tax-Exempts and School Districts Regarding 403(b) Arrangements - Part I. - - (11/20/2008)
• Conditioning Credit Facilities on Use of Other Products or Services May Violate Bank Tying Prohibitions - - (11/14/2008)
• New York’s Highest Court Permits Contractual Indemnification by Partially Negligent Defendant - - (11/12/2008)
• U.S Treasury Securities Purchase Agreement and Other Information On Capital Purchase Program - - (11/5/2008)
• Court of Appeals Affirms Finding That Boilerplate Safety Requirements In State Work Permit Do Not Extend Utilities’ Liability For The Negligence of Its Independent Contractors. - - (11/4/2008)

  October, 2008

• Intentional Loss Not a Covered Loss Under “UM” Coverage but is Covered Under “No-Fault” Endorsement & Appellate Division Construes Vandalism Exclusion In Water Damage Claim - - (10/30/2008)
• New York Appellate Court Circumscribes the Availability of Charitable Use Exemptions Under Real Property Tax Law § 420-a - - (10/29/2008)
• Late Suit on Payment Bond Permitted Due to Earlier Suit on Lien Discharge Bond - - (10/28/2008)
• 401(k) Limits, Social Security Taxable Wage Base to Increase in 2009 - - (10/17/2008)
• Economic Downturn Warrants Review of Plan Loan and Hardship Withdrawal Procedures - - (10/10/2008)
• Wall Street Bail Out Bill Includes Incentives for Charitable Giving - - (10/7/2008)
• En Banc Panel of Federal Circuit Clarifies Test for Design Patent Infringement - - (10/2/2008)
• Federal Court Asks New York’s Highest Court to Resolve Uncertainty Over the Circumstances in Which a Seller Of Used Goods Will Be Subject to New York’s Strict Products Liability Law - - (10/1/2008)

  September, 2008

• Failure To Secure Settlement Permission From SUM Carrier Breaches Policy - - (9/29/2008)
• Antisubrogation Rule Inapplicable to Construction Accident - - (9/22/2008)
• Defendants Must Plead Setoff as an Affirmative Defense or Risk Forfeiture of that Defense - - (9/19/2008)
• Certificates Of Insurance - Are They Enough? - - (9/16/2008)
• Corporate Owner Lacks Standing to Pursue Legal Malpractice Claim for Corporate Losses - - (9/11/2008)
• Physicians and Pharmacy Providers: Overview of Medicaid Pharmacy Requirements - - (9/9/2008)

  August, 2008

• New Annual Flood Notice Required - - (8/29/2008)
• 2008 New York Mortgage Reform Law - - (8/28/2008)
• DOL Proposes Expanded Investment Disclosure by Plan Sponsors - - (8/20/2008)
• D.C. Circuit Invalidates EPA’s Clean Air Interstate Rule - - (8/14/2008)
• Manufacturer Entitled to Summary Judgment Where Plaintiff Does Not Have Direct Evidence of a Defect and Cannot Rebut Proof of Inspection Practices and None of Settlement Proceeds Allocated to Medicaid Lien Where Medicaid Administrator Defaults - - (8/1/2008)

  July, 2008

• Cancellation Of Homeowner’s Policy For Failure To Pay Premium and Policy Void for “Innocent” Material Misrepresentation - - (7/31/2008)
• Housing and Economic Recovery Act of 2008 - - (7/30/2008)
• Subcontractor’s Claim Barred Until Its Mechanic’s Lien Rights are Exhausted - - (7/23/2008)
• Deadline Approaching to Amend Deferred Compensation Arrangements - - (7/23/2008)
• New York’s Highest Court Applies Assumption of Risk Doctrine and Reviews Pre-Emption under the Graves Amendment - - (7/2/2008)

  June, 2008

• Tribal Possessory Land Claims “Out”; Unjust Compensation Claims “In”? - - (6/25/2008)
• Legislative Update: Governor Proposes Legislation Permitting Direct Action by Injured Party and Requiring Prejudice for Late Notice Defense by Insurer - - (6/20/2008)
• Budget Legislation Proposes Overhaul of New York City’s ICIP - - (6/18/2008)
• Court Finds Failure to Notify Insured of Right to Independent Counsel Violates General Business Law §349 - - (6/18/2008)
• New York Courts Continue to Reject Wholesale Nondisclosure of Police Records Under FOIL - - (6/4/2008)
• New York Supreme Court Enjoins the Workers’ Compensation Board from Assessing for Obligations Due to Insolvent Trusts - - (6/2/2008)

  May, 2008

• Professionalism and Discipline in the Northern District of New York, presented to the N.D.N.Y. Federal Court Bar Association - - (5/15/2008)
• Commission on Public Integrity Releases Guidance on Inappropriate Gifts - - (5/7/2008)
• OMIG Continues Vigorous Enforcement Efforts: Compliance Programs to be Required for Additional Providers - - (5/2/2008)
• Is Consumer Acceptability of an Alternative Design an Element of a Negligent Design Claim? - - (5/1/2008)