Michael E. Appelbaum, partner in Goldberg Segalla’s Civil Litigation and Trial practice group, spoke with Law360 regarding suits filed under the new NY Adult Survivors Act (NYASA). 

“In the adult situation, it’s much more challenging to establish responsibility for an employer over the intentional criminal acts of an adult employee against another adult employee. And often those acts are also not occurring on the premises. So that takes it even further outside of the employer’s responsibility,” Mike explained when comparing NYASA to the Child Victims Act. 

Mike noted that NYASA also includes a lookback window which allows for allegations that have happened in the past if an employer was made aware of sexual misconduct and failed to address it. He also pointed to the need for employers to review their sexual misconduct policies to ensure they are up to date as a precaution against future claims. 

READ THE FULL ARTICLE HERE: 

“New NYS Law A Reminder to Review Sex Misconduct Policies,” Law360, February 2, 2023 

MORE ABOUT GOLDBERG SEGALLA’S MICHAEL E. APPELBAUM: 

Michael Appelbaum, a leader of the firm’s Retail and General Liability Practice Groups, is a seasoned litigator who tries cases in the state, federal, and appellate courts of New York involving personal injury, sexual torts/abuse, truck and motor vehicle accidents, and the sports and entertainment industry. As Leader of the Firm’s Sexual Tort and Abuse Defense Team, he has successfully represented businesses, institutions, religious orders and national entities in the defense of abuse claims arising out of the Child Victims Act and the Adult Survivors Act. His diverse background also includes the representation of professionals practicing in the medical, mental health and fitness industries. Michael has obtained successful results for his clients at every level of court in New York State.