Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 125


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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...

 

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...

 

HTMLThe “3 Cs” of Physician Ethics
Jodi V. Terranova; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on January 16, 2014
It’s not surprising that 70 percent of respondents to the Gallup poll ranked physicians as “highly” or “very highly” honest and ethical, considering that those who were polled are also patients who put their lives in physicians’ hands.

 

HTMLPart 3: Local Counsel: Practical Concerns
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on April 1, 2014
When an attorney is requested to act as “local counsel” by an out-of-state attorney in a new lawsuit, the practical needs of the out-of-state client can be at odds with rules of professional responsibility and local rules that can sometimes expand the duties and responsibilities of...

 

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...

 

HTMLThe Connecticut Supreme Court Restricts the Plaintiff’s Ability to Rely On the “Malfunction Doctrine” to Support A Product Liability Claim
Eric W. F. Niederer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on October 1, 2014
A recent decision handed down by the Connecticut Supreme Court may significantly impact the way product liability lawsuits are litigated within the state of Connecticut in the future. In a products liability case, the “malfunction doctrine” permits the plaintiff to argue at trial that a...

 

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...

 

HTMLTo Indemnify or Not to Indemnify? That Is the Question!
Steven L. Young; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 26, 2014
We are taught early on that we are each responsible for our own actions. If we make a mistake that results in damages to someone else, we have to pay for those damages. That is the basic concept of indemnification, and the law enforces it.

 

HTMLIs the Error of Judgment Defense Still Available in Suicide Cases?
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on April 29, 2014
Are courts becoming more liberal with the standards by which physicians are judged in failing to prevent suicides?

 

HTMLNothing Like a Mock Trial to Scare Staff Straight
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on January 13, 2014
Having presented many in-service lectures to the hospitals and nursing homes I defend, it has become apparent that the medical staff members best learn how incomplete and inconsistent documentation can be exploited by plaintiffs’ attorneys, and cost an otherwise defensible case.

 


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