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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...

 

HTMLLiving With the Stigma of Being a Lawyer
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on January 17, 2014
Surely it is not breaking news that the Gallup poll shows only 19 percent of respondents find lawyers to be very honest or ethical. In 1976, only 25 percent of those polled found lawyers’ ethics or honesty to be high or very high, and since 1996 that figure has been below 20 percent. Lawyers...

 

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.

 

HTMLSubpoena Duces Tecum and Your Average Joe
Steven L. Young; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on January 24, 2014
Attorneys sometimes forget that members of the general public may not share our familiarity with the legal system. The service of a subpoena duces tecum (bring it with you under penalty of punishment) on a “civilian” can generate numerous questions. The subpoena is an imposing, formal...

 

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...

 

HTMLPart 2: Local Counsel: Duties to the Court
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on March 27, 2014
When an attorney is requested to act as “local counsel” by an out-of-state attorney in a new lawsuit, the local counsel may have additional duties that flow from Rules of Civil Procedure or Local Rules that govern lead counsel’s admission pro hac vice. For instance, Alaska R. Civ....

 

HTMLPatient-on-Patient Violence: Does a Negligence Case Trump a Patient’s HIPAA Rights?
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on February 27, 2014
At some point in their careers, most medical malpractice defense attorneys have defended a medical facility against a claim for negligence based on one patient being attacked by another. The negligence claim is premised on a failure to properly supervise and protect a patient from another who is...

 

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...

 

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?

 


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