Ruskin Moscou Faltischek

•	Construction
•	Corporate & Securities
•	Corporate Governance
•	Employment
•	Energy
•	Environmental
•	Estate Litigation
•	Financial Services, Banking & Bankruptcy
•	Health Law: Regulatory
•	Intellectual Property & Technology
•	Litigation
•	Real Estate
•	Seniors' Housing
•	Trusts & Estates
•	White Collar Crime & Investigations

Construction

"Are You Ready for the Fair Play Act?" (Nassau Lawyer, May 2011)

Transferring Risk

It's Smart to Plan Ahead for Change Orders

The Growth Of Green Building: New Laws Impact Construction Practices

Corporate & Securities

Earnouts: A Deal Making Tool In A Tough Economy

Going Public? It pays to plan wisely

Looking for Venture Capital Investment? How to Use Due Diligence to Your Advantage

Negotiating Price: All Earnouts Are Not Created Equal

New Law Requires Immediate Action by Many Limited Liability Entities

Outside Directors at Risk: How to Serve and Protect Yourself

SEC Adopts New Rules Regarding Internet Availability of Proxy Materials

The Not-So-Quiet Period: How Statements During the Registration Period Can Halt an Initial Public Offering

Corporate Governance

Independent Directors Under New Federal Law and Exchange Rules

Bracing for side effects of reform

Public Companies Are Facing a Radically Altered Environment

Sarbanes-Oxley: It’s Not Just for Public Companies

Sarbanes-Oxley Opens Pandora Box for Personal Civil Liability

SEC Disclosure Controls and Procedures

Two-Day Reporting Is Required by August 29, 2002 For Changes in Beneficial Ownership

Restrictive Covenants – Enforceable Beyond A Written Agreement?

Employment

ADA Restoration Act: Will It Define "Disability?"

The Rise in Wage and Hour Suits: What's at Stake?

Continuing Violation Doctrine and Hostile Environment Cases

Tech Tock: Are Employees Who Check Devices Off Hours Entitled to Overtime Pay

Employers Beware: Retaliation Standard Eased

Employer Regulation of Blogging

Restrictive Covenants – Enforceable Beyond A Written Agreement?

Two Recent Cases Put ERISA In The Spotlight

Unanswered Questions After 'Suders'

Don't Get Clocked With Overtime Claims

Energy

Major Decisions Facing LIPA Over Next Several Years

New York State Legislature Passes Article X Legislation Reestablishing Comprehensive Statewide Process for Siting Electric Generating Facilities

Exxon Gas Dump

Environmental

Stunting Growth

Gulf Spills Oil Impact

Estate Litigation

Privity and the Role of Limited Letters in Legal Malpractice Actions

Equitable Estoppel for Deathbed Marriages

Article 17-A Proceedings Remain an Important Tool

Till Death Do Us Part: Post-Death Annulment of Marriage and the Right of Election

Financial Services, Banking & Bankruptcy

Treatment of Franchisee Leases under § 365(d)

Southern District Establishes Standards for “Good Faith” Participation in Court-Ordered Mediation: Part I

Court of Appeals Rules Unsecured Creditors May Claim Post-Petition Attorneys' Fees

10 Strategies for Rebuilding Corporate Value

Fraud is a Growing Threat in a Worsening Economy

A Turnaround in the Turnaround Industry

Buyers Beware When Purchasing Distressed Property

Dot-Coms Start To Face The Prospect Of Bankruptcy

Journal of Business Credit

Revised Ordinary Course of Business Defense to Preference Claims May Not Be as Effective as Anticipated

The § 365(C)(1) Dilemma: What Ability Does A Debtor Have To Assume Or Assign Executory Agreements?

Health Law: Regulatory

Admissibility of Prior Medicare Administrative Actions in Health Care Fraud Cases

The Physician as "Enemy Combatant": The New York's One-Sided System of Physician Discipline

Suits and Scrubs Avoiding Orange Jumpsuits

American Society of Plastic Surgeons Adopt “Caesar’s Wife” Guidelines for Interaction with Medical Device and Pharmaceutical Industries

New York’s Medicaid Redesign Plan -- The Neurologically Impaired Infant’s Fund: True Relief or Looming Disaster?

Accountable Care Organizations: A Dangerous Regulatory Leap of Faith

The NYS False Claims Act: A Brave New World for Health Care Fraud Litigation

A Prescription for the Medicare Audit

The Arrival of Telemedicine: Internet Savior or Electronic Predator?

Electronic Medical Records: One Small Step for Man...

The Prosecution of Healthcare Fraud In the New Millennium

Physician Persecution and the Prosecution of Health Care Fraud

New York Enacts New Law Requiring Accreditation of Office-Based

The New Corporate Ethos: Why Orthopedic Device Manufacturers Turn "State's Witness" Against Physicians

Who Sold That Goodwill - The Corporation or The Shareholder?

Electronic Health Record Offers: What's A Doctor to Do?

Four Things You Need to Know About the OMIG's Mandatory Compliance Program

Cost-Based Stark Law Changes Under Consideration

Looking for Fraud in all the Wrong Places

Accreditation To Be Required for Office-Based Surgery

Look Before You Leap: Understanding The Ins and Outs of Medical Practice Mergers

Are You at Risk for Patient Abandonment?

Discipline Process Is Under Review

Draft Compliance Program Guidance

Employers Beware: Medicare May Come Calling

Final “Anti-Markup Rule” Issued by Medicare for Diagnostic Tests

Full Disclosure in Physician Discipline Process - At What Cost?

Health Law From 30,000 Feet

HIPAA Privacy Regulations

HIPAA Privacy Regulations: Worth Their Weight?

HIPAA Regulations Compliance Delayed, Only If Plan is Filed on Time

How Far Will ‘Mallela III’ Be Extended?

In Purchasing A Medical Practice: Which Is Better – Buying The Stock Or Buying The Assets?

Is Your Management Agreement a Swan or a Duck?

Management Services And Billing Agreements: What Physicians Need To Know

Modifications To HIPAA Privacy Rule Become Final

New Law Gives Expanded Whistleblower Protection to Health Care Workers

NLRB Decision Permits Medical Interns, Residents and Fellows To Unionize

OIG Issues Special Advisory Bulletin on Practices of Consultants

OIG Releases Final Compliance Program Guidance For Physician Practices

Paying For Patients And The “One Purpose” Test

Protecting The Status of Your Tax-Exempt Bonds

Shades Of Watergate

Special OIG Fraud Alert - Rental Of Space In Physician Offices

The Health Insurance Portability And Accountability Act (HIPAA) Privacy Rule – What You Need To Know

The Pitfalls of Physician Recruitment

Vehicle & Traffic Law Coupled With Physician-Patient Privilege Trumps Search Warrant in DWI Case

What Physicians Need To Know About A Patient’s Right To Know

Intellectual Property & Technology

Bi-Partisan Support for Restoration of Federal Intellectual Property Infringement Remedies

Doctrine Of Foreign Equivalents And Foreign Language Marks In Trademark Cases

Eastern District Addresses Copyrights and Catalogues

The “Fair Use” Of Another’s Trademarks

US Court Rules E-Books are Not Necessarily “Books”

Litigation

Seeking Lack-of-Marketability Discount With Minority Discount Poses Risks

Second Department Adopts New Rules on Lack of Marketability Discounts

Closely Held Corporate Shares Require a Discount

Class of One Claimants Continue to Sue

Admissibility of Expert Testimony in Federal and State Court

Arbitration Awards: Not Vacated for Manifest Disregard of Evidence

Caveat Venditor: It's Seller Beware When Contracting With State

Civil RICO and Equitable Tolling: Plaintiff Who Hesitates Is Lost

Does Bankruptcy Discharge Sexual Harassment Debts?

Eastern District Addresses Copyrights and Catalogues

Expert Disclosure in New York's Federal and State Courts

For Whom the Statute Tolls: CPLR § 214-c and Construction Defect Claims

Getting Sanctions For Spoliation - How Much Prejudice Is Required?

Protecting “Unlabeled” Attorney Work Product

Secretly Taped Interviews

Settling Cases Early In The Litigation Process

Ten Ways to Get Ahead of Business Lawsuits

The Home Equity Theft Prevention Act; Another Pitfall In The Mortgage Foreclosure Process

The Rule Against Perpetuities Lives On

Real Estate

E-Recording Is Coming To New York

How Lawyers Can Add Value to Real Estate Transactions

The Landlord's Bankruptcy: How to Prepare for It and What to Expect

Avoiding Expensive Drafting Mistakes in Commercial Leasing

Beware of Surprise Brokerage Fees in Lease Renewals and Expansions

Buyers Beware When Purchasing Distressed Property

Bye-bye “Buyer Beware? State’s New Disclosure Law on Property Sales Shifts Burden to Sellers

Calculating IDA Benefits

Condos Restricted in Financing of Repairs

Environmental Insurance: No Substitute For Testing

Focus on Municipal & Zoning Law, the Changing Dynamics of Zoning Boards

Good Guy Guaranties (The Good, The Bad and The Ugly)

Power of Attorney Statutory Overhaul Set to Take Effect

Unpaid Brokers Get a Stronger Remedy

Hey! That's My Property

Income Has Hit The Roof! Property Owners Can Maximize Earnings from Antenna Systems

Insuring Against Terrorism: New Coverage, New Problems

New Law Helps Contractors Get Paid

No Second Chance for Expired Notices of Pendency

Not “One Inch” A Vestige of Feudal Law Erodes in New York

Subleasing Heats Up: Critical Issues in Sublease Transactions

The Rule Against Perpetuities Lives On

“Time Is Of The Essence” In A Real Estate Contract, Redux

Type Your Name on the Dotted Line: Troubled Beginnings of Electronic Signatures In Real Estate Transactions

Seniors' Housing

Are Payments To Assisted Living Facilities Tax Deductible?

CCRC to Offer Long-Term Continuum of Care to Seniors

Now is the Time to Reform Antiquated Assisted Living Regulations

Trusts & Estates

New Uniform Trust Code to Be Submitted to Legislature

Self-Dealing Fiduciaries: What Is the Appropriate Standard?

Rulings on Trustee's Duty to Diversify: What Have We Learned?

Subject Matter Jurisdiction In the Surrogate's Court

Does New York Need a Trust Code?

Privity and the Role of Limited Letters in Legal Malpractice Actions

Estate Planning and Creditor Protection Utilizing Retirement Assets, 529 Plans & Life Insurance

Expert Analysis Trusts and Estates Law

Advisory Committee: Prudent Investor Act

Advisory Committee: Recommendations on Right of Election Statute

Advisory Committee: Right of Election Under EPTL 5-1.1(e)

Article 14: Increased Probate Efficiency

Trusts and Estates Law Avoiding Issues of Testamentary Capacity, Undue Influence, Fraud

Committee Clarifies Article 23 of Surrogate's Court Procedure Act

Extraordinary Circumstances Required for Surrogate's Court Advice and Direction

Making Gifts and Property Transfers Under New Power of Attorney Law

Utilizing Trusts to Transfer Business Interests

Options When A UTMA Beneficiary Approaches the Payout Age

Planning With Asset Protection Trusts

Trusts and Estates Law Life Insurance: A Survivor

Trusts and Estates Law Life Insurance: Estate Planning

Lifetime Trust Legislation

Private Annuity – Benefits Now Limited

Small Estates After Bennett Commission's Streamlining

Surrogate's Court Procedure: In-Depth Review, Recommendations

Surrogate's Court Structure, History, Jurisdiction

Technical Corrections to the Principal and Income Act

The Evolution of the Principal and Income Act Under the EPTL

Trusts and Estates Law The Transfer-on-Death Security Registration Act

Trust and Leaseback Can Be Implemented With Care

Updating Right of Election Statute: Testamentary Substitutes

Wrongdoers Entitlement

White Collar Crime & Investigations

Hitler's Courts: Betrayal of the Rule of Law in Nazi Germany

Compliance Alert Form 990 Now Requires Governance, Management and Disclosure Information

Criminalizing Consulting: Does the USA PATRIOT Act Go Too Far?

Embezzled? It Could Happen to You

Fraud: If Someone's Stealing It's Probably Your Friend

FRAUD AND ABUSE, FROM 30,000 FEET

The Coming Wave of Health Care Fraud and Abuse Prosecutions

Physicians Need Check Ups Too Fraud and Abuse Issues for 2006

To Interview or Not to Interview, That is the Question

Who's Minding Your Business?