Writings by Charles A. Yuen

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Does Your Business Insurance Cover Cyberattacks?

For many U.S. businesses, data breaches are inevitable. So while prevention is still important, it also pays to be prepared for the aftermath. For those companies hoping to rely on commercial general liability (CGL) policies, it’s likely time to think again. While older policies were unclear regarding whether coverage existed for cyberattacks and data breaches, […]

Author: Charles A. Yuen

August 18, 2014

Cyberattack

Do you have a “Special Relationship” With An Insurance Broker?

New York’s highest court has confirmed that insurance brokers may be held liable to their customers for failure to obtain proper insurance coverage. The case, decided by a 4-3 vote, is Voss v. Netherlands Insurance and CH Insurance Brokerage Services (2014-01259 (N.Y. Feb. 25, 2014). Case history The two lower courts granted summary judgment in […]

Author: Charles A. Yuen

May 19, 2014

Insurance

False Claims Act Statistics Reveal Robust Enforcement

The Department of Justice recently released its enforcement statistics under the False Claim Act (FCA), the federal government’s primary civil enforcement tool to recover losses due to false claims for government funds and property under government contracts. In short, it was another banner year for the feds. A Look at the FCA Statistics During fiscal […]

Author: Charles A. Yuen

April 23, 2014

Department of Labor Provides Updated Guidance on Notice of Exchange Required by PPACA

The Patient Protection and Affordable Care Act (PPACA) imposes a number of new obligations on New York and New Jersey employers. One of the most significant notification requirements involves the health insurance marketplaces that will be established in 2014. After delaying the scheduled implementation of the Notice to Inform Employees of Coverage Options requirement, the […]

Author: Charles A. Yuen

June 17, 2013

Affordable Care Act

CVS Is Facing Breach Of Contract Lawsuit

CVS Caremark Corp. and Cardinal Health Inc. are facing a breach of contract lawsuit brought by Savient Pharmaceuticals Inc. The drug maker alleges that CVS improperly attempted to return for credit hundreds of opened bottles of specialty drugs through Cardinal. Savient’s New Jersey breach of contract lawsuit contends that CVS and Cardinal Health violated Savient’s […]

Author: Charles A. Yuen

June 11, 2013

Business attorney New Jersey

Court Rules Airlines Can Require Credit Cards For In-Flight Services

For frequent fliers hoping to leave their credit cards in their wallets, “cashless” cabin policies appear to be here to stay. New Jersey’s Appellate Division recently rejected a lawsuit alleging that Continental Airlines’ credit card requirement for in-flight purchases violated the New Jersey Consumer Fraud Act (CFA). The plaintiff in the case, Rosen v. Continental […]

Author: Charles A. Yuen

March 11, 2013

Employer Notifications Under Patient Protection and Affordable Care Act Postponed

New York and New Jersey employers have been given a short temporary reprieve for a major notice requirement under the Patient Protection and Affordable Care Act. The Departments of Labor, Treasury, and Health and Human Services recently announced that the March 13, 2013 deadline for providing written notice of Health Care Exchange requirements is being […]

Author: Charles A. Yuen

February 12, 2013

Affordable Care Act

Senate Bill Would Create Private Cause of Action in New Jersey for Bad Faith Insurance Claims

Legislative efforts are again underway in New Jersey to establish a private cause of action for bad faith claims against insurers. This would help to codify bad faith doctrine recognized in Rova Farms Resort Inc. v. Investors Ins. Co., 65 N.J. 474 (1974) and in other decisions. Under current law, the Commissioner of Banking and […]

Author: Charles A. Yuen

February 4, 2013

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