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HTMLTop Three Problems with Text Messaging in Health Care Settings
Amy E. McCracken; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 16, 2015
1. Since most text messaging is not a secure form of communication, it raises HIPAA concerns if any protected health information is included in the text message. There is the possibility of a data breach in the transmission of the text message, as well as in the event of a lost or stolen phone.

 

HTMLMayo Lawsuit Against Former Exec Raises Numerous Health Care and Business Litigation Issues
Elinor H. Murarova; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 12, 2015
A recent settlement between Mayo Collaborative Services d/b/a Mayo Medical Laboratories ("MML") and Mayo Clinic (together with MML, "Mayo") and a former Mayo executive, Dr. Franklin Cockerill, reveals the potential legal issues that may arise when health care executives seek new...

 

HTMLCalifornia Guidance on Complex Duty to Defend Disputes over Additional Insured Status
Max H. Stern; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 28, 2015
In McMillin Companies, LLC v. American Safety Indemnity Co. (4th Dist. Div. 1, No. D063586, January 22, 2015 (published in relevant part)), the California Court of Appeal for the Fourth District has provided some meaningful guidance on how a trial court should handle issues that regularly come up...

 

HTMLCan you receive a term of life imprisonment for forcing someone to accompany you to a different room in their own house?: Justice Scalia and a unanimous Supreme Court say “yes” in Whitfield v. United States of America, (though to be fair, I should note that Mr. Whitfield had just tried to rob a bank).
Eric R. Breslin; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 14, 2015
18 U.S.C. 2113 (e) has a long and venerable history, even by the storied standards of the federal criminal code. It was originally enacted in 1934 in response to "an outbreak of bank robberies committed by John Dillinger and others" Carter v. United States of America, 530 U.S. 255, 280...

 

HTMLDisaster of Domestic Arbitration Verdict Annulment In Vietnam - How to Avoid? Oliver Massmann - Ho Gia Le Hoang
Oliver Massmann; Duane Morris Vietnam LLC;
Legal Alert/Article
March 13, 2015, previously published on January 27, 2015
Recently, the media of Vietnam paid much attention to Vinalines case, the largest shipping corporation in Vietnam who lost an arbitration case brought to the Vietnam International Arbitration Center (VIAC). However, Vinalines then asked the court in Hanoi, Vietnam for annulment of VIAC’s...

 

HTMLLong-Awaited Work Authorization Rule for H-4 Spouses Published February 24, 2015: First Day to File Applications Is May 26, 2015
Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on February 25, 2015
On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status are eligible to apply for work authorization.

 

HTMLFees and Costs Awarded to False Claims Act Defendant
Seth A. Goldberg; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 9, 2015
A recent decision in the U.S. District Court for the Southern District of New York provides fair warning to qui tam relators who assert erroneous claims under the False Claims Act ("FCA") that they could be hit with legal fees and expenses pursuant to 31 U.S.C. § 3730, which permits...

 

HTMLACOs are More Important Than Ever for LTC Facilities
Amy E. McCracken; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 27, 2015
On January 26, 2015, the United States Department of Health & Human Services (HHS) announced its timeline for shifting Medicare reimbursements from volume-based criteria to value-based criteria. HHS has adopted a framework that categorizes health care payments according to how providers receive...

 

HTMLPennsylvania House Gaming Oversight Committee Introduces Bill That Would Allow Existing Casinos to Offer Internet Gaming
Adam Berger, Frank A. DiGiacomo, Eric D. Frank, Christopher L. Soriano; Duane Morris LLP;
Legal Alert/Article
March 4, 2015, previously published on February 27, 2015
On February 25, 2015, John Payne, Chairman of the Pennsylvania House Gaming Oversight Committee, introduced a bill that would allow existing Pennsylvania casinos to offer Internet gaming to patrons in Pennsylvania. The Pennsylvania Gaming Control Board (PGCB), which currently regulates casino...

 

HTMLDOL Issues FMLA Final Rule Recognizing Same-Sex Marriages and Establishing "Place of Celebration" as New Rule for Defining Spouse
Duane Morris LLP;
Legal Alert/Article
March 3, 2015, previously published on February 24, 2015
The United States Department of Labor (DOL) announced that on February 25, 2015, it will issue a Final Rule revising the regulations to the Family and Medical Leave Act (FMLA) to provide that the term "spouse" means a husband or wife and "refers to the other person with whom an...

 


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