Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 126


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HTMLNew York City Mayor de Blasio Signs Affordable Transit Act into Law
Jonathan L. Bing, Jake Herring; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 15, 2014
On October 20, 2014, New York City Mayor Bill de Blasio signed Local Law 53, the Affordable Transit Act. Under this new law, New York City businesses with 20 or more full-time employees will be required to offer a federal commuter tax fringe benefit to employees. Covered employers will need to...

 

HTMLRecent Decisions Reinforce the Value of Quality over Quantity in a Reservation of Rights Letter
Eric G. Cheng; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 12, 2014
In two recent cases, Advantage Builders & Exteriors v. Mid-Continent Casualty Co. No. WD 76880 (Mo. Ct. App. Sept. 2, 2014) and EAN Services, LLC v. Brunson, No. 2-14-118 (Ill. Ct. App. September 8, 2014), the courts remind insurance carriers that an ineffective reservation of rights can be...

 

HTMLHHS: No Sensational News Exception to HIPAA. Health Care Providers Should Plan Now for Dealing with Ebola Publicity
Paul Gillan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 5, 2014, previously published on November 12, 2014
Many people in the general public - and most in the health care industry - would recognize the names Eric Duncan (who died of Ebola in a U.S. hospital), Nina Pham (who contracted Ebola through exposure in a U.S. hospital) and Kaci Hickox (who was subjected to quarantine due to potential exposure to...

 

HTMLFifth Circuit Adopts Majority Rule on What Constitutes “Other Instruments” of an ERISA Plan
Marjorie L. Cohen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 5, 2014, previously published on November 10, 2014
ERISA plan administrators facing broad requests for production under ERISA section 104(b)(4) may limit their production to formal legal documents governing the plan, based on new guidance from a panel of the Fifth Circuit in Murphy v. Verizon Communications., Inc., No. 13-11117 (5th Cir. October...

 

HTMLArbitration Agreements in Nursing Home Admission Agreements
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on October 31, 2014
In response to increasing runaway verdicts with large awards for punitive damages, many nursing homes are including arbitration clauses in their admission agreements. The U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (Feb. 2012), held that these...

 

HTMLDrop-down Menus: The Pitfalls of Electronic Medical Records, Part II
Jodi V. Terranova; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 5, 2014
In an earlier blog post, I discussed the importance of time stamps and signatures in electronic medical records (EMRs). A potential pitfall in using EMRs is the prevalence of drop-down menus.

 

HTMLThe IRS Will Not Flag, Identify Or Otherwise Note A SSN That May Be Subject To Identity Theft And Subsequent Tax Fraud. Go Figure.
Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 10, 2014
Nearly every day there’s another news story about another company suffering a data breach, either as a result of a lost or stolen device or because the company was hacked. Talk to any number of knowledgeable attorneys skilled in handling breaches, and each will guide you through a similar...

 

HTMLFCC Proposes $10 Million Forfeiture for Privacy Violations
Richard L. Reiter; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on October 30, 2014
On October 24, 2014, the Federal Communications Commission (FCC) proposed a $10 million forfeiture penalty against TerraCom, Inc. (TerraCom) and YourTel America, Inc. (YourTel) (collectively, the Corporations) for alleged data security violations. Although the FCC is currently unaware of any...

 

HTMLEU’s Ruling Not “To Be Forgotten” Anytime Soon
Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on May 22, 2014
Last week, the Court of Justice of the European Union ruled that individuals have the “right to be forgotten.” In other words, individuals have the right to control their data and can ask search engines to remove links to results containing certain information. This ruling has...

 

HTMLRevisiting Restrictive Covenants
Peter J. Larkin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on April 10, 2014
Accounting firms often use post-employment restrictive covenants to prevent their clients and employees from being poached by departing partners and employees. As the number of accountants moving between firms has started to pick up again, so too has the number of disputes concerning the...

 


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