Document(s) published by this organization: 164
Show: results per page
|The Fair Credit Reporting Act: Misnamed but Mischievous|
Kevin C. Donovan; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 10, 2015, previously published on October 2015More and more, employers are falling victim to class action filings claiming that their background check procedures violate the Fair Credit Reporting Act (FCRA). Although the attention of in-house counsel and human resources managers has focused on “ban the box” campaigns against even...
the Beef? Are Stricter Warning Label Requirements on the Horizon for the Meat
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 10, 2015, previously published on November 5, 2015The World Health Organization (WHO), the United Nations’ public health arm, issued a report on October 26, 2015, based on research performed by the International Agency for Research on Cancer (IARC), linking cancer to consumption of red meat and processed meat. In the report, 22 world health...
|Florida Constitutional Provision Mandating Disclosure of Adverse Medical Incidents Preempted by Federal Patient Safety and Quality Improvement Act|
Amy L. Baker; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 9, 2015, previously published on October 30, 2015 The First District Court of Appeal in Florida recently held in Baptist Hospital of Florida, Inc. v. Jean Charles, Jr., No. 1D15-0109, October 28, 2015, that a Florida constitutional provision mandating disclosure of adverse medical incidents is preempted by the federal Patient Safety and Quality...
|Supreme Court Adopts Amendments to Federal Rules That May Deter Patent Infringement Lawsuits, Especially Those Filed by Non-practicing Entities|
Gregory N. Brescia, Jura Christine Zibas; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 9, 2015, previously published on November 2, 2015In April 2015, the United States Supreme Court adopted Congress’s amendments to the Federal Rules of Civil Procedure, in part abolishing Rule 84 and along with it Form 18, which allows plaintiffs to file bare-bones patent complaints. Until the amendments, a plaintiff could file austere...
|Michigan Court Dismisses Cross-Claim as Insurer Not Properly Subject to a Claim for Breach of Fiduciary Duty|
Lauren Moy Kim; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 5, 2015, previously published on October 27, 2015In Van Loo v. Cajun Operating Co, No. 14-cv-10604 (E.D. Mich. Sept. 17, 2015), the Eastern District of Michigan, a Sixth Circuit district court, held that the requirement for evidence of insurability was triggered based on the total amount of insurance as opposed to the amount of supplemental life...
|UPDATE: Is Safe Harbor Still Safe? The European Court of Justice Answers with a Resounding “No”|
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 5, 2015, previously published on October 27, 2015On September 28, 2015, we released a client alert noting that European Commission Decision 2000/520, known as the “Safe Harbor” for U.S. companies handling the private data of EU citizens, was under attack in the advisory opinion issued by Advocate General Yves Bot of the European Union...
|Florida Supreme Court Rules Defendants May Not Admit Evidence of Potential Collateral Source Benefits Provided by Social Legislation, Such as Medicare and Medicaid|
Kathy Arline, Kathy Arline, Nicholas D. Freeman, Nicholas D. Freeman, Rod Janis, Rod Janis, Anthony P. Strasius, Anthony P. Strasius; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 28, 2015, previously published on October 23, 2015In John Joerg, Jr., etc., et al. v. State Farm Mutual Automobile Insurance Co., No. SC13-1768 (October 15, 2015), the Florida Supreme Court held that defendants are precluded from introducing evidence regarding collateral source benefits that plaintiffs may receive in the future from social...
|Historic Rainfall in South Carolina Leaves Questions about Insurance Availability|
Brian F. Breen, Kevin T. Kavanagh; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 27, 2015, previously published on October 21, 2015Much of South Carolina was inundated with more than 20 inches of rain between September 30 and October 5, 2015. News outlets have reported that more than 20 rivers flooded and at least 12 dams collapsed resulting in the closure of more than 300 roads and bridges for nearly two weeks, including...
|California Amends Data Breach Notification Statute by Requiring Specific Notification Content and Expanding the Definition of Personal Information|
Gregory K. Lee, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 26, 2015, previously published on October 16, 2015California’s Data Breach Notification Statute was amended on October 6, 2015, by Governor Jerry Brown. The amendment, which takes effect on January 1, 2016, makes important changes to the existing law, including new requirements for security breach notification through the use of prescribed...
|The Internet of Things and the Inevitable Collision with Product Liability PART 4: Government Oversight|
H. Michael O'Brien; Wilson Elser Moskowitz Edelman Dicker LLP;
October 26, 2015, previously published on October 16, 2015The exponential growth of the Internet of Things (IoT) is far outpacing the ability of stakeholders to address safety standards and security concerns. This is not unusual as rapidly developing technology often challenges regulators and standards organizations to develop a framework for consensus...