Articles and Alerts

MD News: How to Address the Medical Malpractice Pitfalls Associated with Diagnosing Ovarian Cancer

By Peter T. Crean, Esq. and Michelle A. Frankel, Esq. According to the Centers for Disease Control and Prevention, ovarian cancer is the second most common gynecological cancer and causes more...

Professional Discipline & Licensing Alert: Physician Practice Groups

New Law in New York State Requiring Office Signage Regarding Patients Reporting Rights to the Office Professional Medical Conduct (OPMC) On October 7, 2020, a new law was enacted in New York State...

Mandatory 2020 NY Sexual Harassment Training

Has your company completed its mandatory 2020 NY Sexual Harassment Training? Click here to receive custom training! Sexual Harassment Training Obligations in New York State All employers, regardless...

Legislative Alert: A Step Backward

By: Thomas A. Mobilia and Barbara D. Goldberg In April 2020, as COVID-19 infections and deaths were surging exponentially, the New York Legislature enacted the Emergency or Disaster Treatment...

MD News: Spravato – Miracle Drug or False Hope?

For nearly thirty years, the FDA had not approved any new antidepressant medications since Prozac entered the market in 1988. All that changed in March 2019, when the FDA approved Spravato, a nasal...

Law360 Article By Valerie K. Ferrier: 3 Rulings Show When Litigating Wage Claims Is Worth It

By Valerie K. Ferrier, Partner and Head of the Labor and Employment Practice Group at Martin Clearwater & Bell LLP  Law360 (February 18, 2020, 5:18PM EST) --"Wage and hour cases present a...

Legislative Alert: Governor Cuomo Vetoes 2 Proposed Bills Which Would Have Significantly Expanded Liability in Medical Malpractice and Other Personal Injury Actions

On June 21, 2019, the New York State Assembly passed two proposed bills (both which had previously passed the Senate), which if signed into law would have significantly expanded exposure in medical...

Labor & Employment Alert: Second Circuit Holds Rule 68 Obviates District Court Review Of FLSA Settlements

In 2015, the Second Circuit Court of Appeals (the appellate jurisdiction that includes New York) held that settlements of federal wage and hour claims under the Fair Labor Standards Act (“FLSA”)...

Appellate Update: The Court Of Appeals Rules That There Is No Private Right Of Action Under Public Health Law §230(11)(b) For Bad Faith Reporting To The Office Of Professional Medical Conduct

In Haar v. Nationwide Mutual Fire Insurance Company, orthopedic surgeon Dr. Haar treated four patients who were injured in automobile accidents and insured by Nationwide Mutual Fire Insurance...

Employment Update: House Approves National Minimum Wage Increase to $15

As expected earlier this year, when Democrats regained control of the House of Representatives, on Thursday the House voted to gradually raise the federal minimum wage to $15 an hour by 2025. The...

MCB Welcomes Michael C. Clarke as the Firm’s New Managing Attorney!

We are pleased to announce the appointment of Michael C. Clarke as the Firm’s Managing Attorney. “We believe Michael’s prior experience will allow him to exceed in this role and we are pleased to welcome him into the position and look forward to this new chapter for...

Winter 2020/2021 Defense Practice Update

MCB’s Winter 2020/2021 Newsletter Features the Following Articles: "COVID-19 Legislation: Current Status" By: Thomas A. Mobilia & Barbara D. Goldberg "Mitigating Future Care Medical Damages Involving International Plaintiffs and State-Funded Healthcare Systems"...

Professional Discipline & Licensing Alert: Physician Practice Groups

New Law in New York State Requiring Office Signage Regarding Patients Reporting Rights to the Office Professional Medical Conduct (OPMC) On October 7, 2020, a new law was enacted in New York State requiring that all physician practices post signage in their offices...

Mandatory 2020 NY Sexual Harassment Training

Has your company completed its mandatory 2020 NY Sexual Harassment Training? Click here to receive custom training! Sexual Harassment Training Obligations in New York State All employers, regardless of size, must train all employees. According to the final guidance...

Legislative Alert: A Step Backward

By: Thomas A. Mobilia and Barbara D. Goldberg In April 2020, as COVID-19 infections and deaths were surging exponentially, the New York Legislature enacted the Emergency or Disaster Treatment Protection Act (EDTPA). That legislation conferred broad immunity on health...

MD News: Spravato – Miracle Drug or False Hope?

For nearly thirty years, the FDA had not approved any new antidepressant medications since Prozac entered the market in 1988. All that changed in March 2019, when the FDA approved Spravato, a nasal spray antidepressant for the treatment of adults with...

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