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HTMLOCR Issues Bulletin on Privacy in Emergency Situations
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 10, 2014, previously published on November 25, 2014
In light of the recent Ebola cases, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) released a new bulletin, to remind HIPAA-covered entities and business associates that the requirements of the HIPAA Privacy Rule apply even in emergency situations. The...

 

HTMLOIG Releases 2015 Work Plan
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 10, 2014, previously published on November 25, 2014
On October 31, 2014, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) released its Work Plan for Fiscal Year 2015 (“Work Plan”). The Work Plan describes the various projects OIG plans to address in the upcoming year. Some of the key new...

 

HTMLMassachusetts High Court Rules That Insurer’s Full Reimbursement of Insured’s Expenses Does Not Bar Insured’s G.L. c. 93A Claim
Laura E. Bange; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 5, 2014, previously published on November 26, 2014
The Supreme Judicial Court of Massachusetts recently considered whether an insured could pursue a claim against an insurer which had breached its duty to defend for unfair or deceptive acts or practices under G.L. c. 93A, § 11, notwithstanding the insurer’s full reimbursement of the...

 

HTMLRevised STELA Reauthorization Legislation Passed by House
Edwards Wildman Palmer LLP;
Legal Alert/Article
December 5, 2014, previously published on November 2014
On Wednesday, November 19, 2014, the House of Representatives passed H.R. 5728, a revised bill reauthorizing the Satellite Television Extension and Localism Act of 2010 (STELA). In addition to extending the expiring STELA provisions for another five years, the bill, which is entitled the STELA...

 

HTMLCMS Launches Open Payments Database
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 28, 2014, previously published on October 17, 2014
After much anticipation, the Centers for Medicare & Medicaid Services (“CMS”) launched the Affordable Care Act’s Open Payments database on September 30, 2014. The database, which is available at - https://openpaymentsdata.cms.gov/, is supposed to help patients become more...

 

HTMLUK: Commercial Court Awards Declaratory Relief and Specific Performance Order to Insurers
Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on October 27, 2014
Following the Supreme Court’s determination as to jurisdiction and the Court of Appeal’s ruling on the substantive issues, the case of Starlight Shipping v Allianz Marine ([2014] EWHC 3068 (Comm)) returned to the Commercial Court for two further issues to be decided.

 

HTMLDistrict of Massachusetts Finds Coverage Under a Professional Liability Policy in Underlying Case Centered on Unfair Competition
Jacquelyn Burke; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on November 12, 2014
On October 28, the United States District Court for the District of Massachusetts denied an insurer’s motion for summary judgment in a coverage action it had brought against its insured on a professional liability policy, an insurance broker who specialized in the placement of professional...

 

HTMLUK: Court of Appeal considers application of the doctrine of “fraudulent devices”
Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on November 4, 2014
In Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (The DC Merwestone) ([2014] EWCA Civ 1349) the appellant shipowners appealed a decision made on the basis of the fraudulent devices principle discussed obiter in the case of Agapitos v Agnew (The Aegeon) (No.1) ([2002] EWCA Civ 247)...

 

HTMLMassachusetts Federal Court Rules That Insurer’s Decision To Commence Rescission Action Does Not Waive Attorney-Client Privilege
Alexander G. Henlin; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on November 10, 2014
Insurers can take comfort that their decision to bring a rescission action against a Massachusetts insured will not itself effect a waiver of the attorney-client privilege, at least in cases where the carrier’s process for deciding whether to sue is not relevant to the rescission claim...

 

HTMLUK: Scottish Appeal Court Upholds Judge¿s Decision to Permit a Time-Barred Claim to Proceed
Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on November 6, 2014
In Betty Sophia Smith Ferguson and others v J & A Lawson (Joiners) Limited [2014] CSIH 82, Lady Paton of the Court of Session Inner House dismissed an appeal from the defendants, who argued that the Lord Ordinary had erred in law at first instance. The judge had permitted a time-barred claim to...

 


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