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HTMLFlorida 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;
Legal Alert/Article
October 28, 2015, previously published on October 23, 2015
In 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...

 

HTMLHistoric Rainfall in South Carolina Leaves Questions about Insurance Availability
Brian F. Breen, Kevin T. Kavanagh; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 27, 2015, previously published on October 21, 2015
Much 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...

 

HTMLWhen an Exception to the “Mold Exclusion” Exposes Carriers to More Than Just Fungi or Bacteria
Eric G. Cheng; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 26, 2015, previously published on October 20, 2015
The recent New York City outbreak of Legionnaires’ disease (named for a 1976 outbreak of a type of pneumonia at an American Legion convention) has raised awareness of the illness. It has also renewed the courts’ interest in interpreting the Mold Exclusion. In the recent decision Acuity...

 

HTMLCalifornia Law Enforcement and Industry Gain Procedural Certainty with Historic Cal-ECPA Bill
Jeremy L. Ross, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 26, 2015, previously published on October 20, 2015
On October 8, 2015, Governor Jerry Brown of California signed into law Senate Bill 178, known as the California Electronic Communications Privacy Act (Cal-ECPA). Cal-ECPA mandates that California law enforcement agencies obtain a search warrant or other lawful order before accessing or compelling...

 

HTMLThe Internet of Things and the Inevitable Collision with Product Liability PART 4: Government Oversight
H. Michael O'Brien; Wilson Elser Moskowitz Edelman Dicker LLP;
Legal Alert/Article
October 26, 2015, previously published on October 16, 2015
The 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...

 

HTMLCalifornia 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;
Legal Alert/Article
October 26, 2015, previously published on October 16, 2015
California’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...

 

HTMLSEC Steps Up Cybersecurity Enforcement
Anjali C. Das; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 20, 2015, previously published on October 6, 2015
September has been a busy month for the SEC in addressing cybersecurity. In the span of a week, the SEC issued a new alert in connection with its cybersecurity examination of Wall Street firms, entered a Cease and Desist Order against a firm for failing to adopt written policies or procedures to...

 

HTMLArbitration of Nursing Home Suits: Take Two
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 12, 2015, previously published on October 2, 2015
Last fall, I posted a blog about the national trend of including arbitration provisions in nursing home admission agreements. This trend peaked following the U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (2012), in which the Court determined that the...

 

HTMLConnecticut Expands Loss of Consortium Claims to Minor Child
Saul A. Cardenas, Eric W. F. Niederer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 12, 2015, previously published on October 5, 2015
On October 6, 2015, the Connecticut Supreme Court will officially release a decision that expands loss of consortium claims in that state. Previously, Connecticut refused to allow claims for parental consortium of a minor child. The Court has now reversed course and expanded common law consortium...

 

HTMLIs Safe Harbor Still Safe? U.S. Companies Face Challenges Ahead on the EU Privacy Horizon
Jeremy L. Ross, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 9, 2015, previously published on September 28, 2015
Pursuant to European Commission Decision 2000/520, United States-based companies may freely process the personal data of European Union citizens, provided that those companies adhere to the principles and frequently asked questions contained in Decision 2000/520, referred to as the “safe...

 


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