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HTMLLicensing Boards Can Fine You - Even If They Can’t Find You
Jodi V. Terranova; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 26, 2015
It the fast-paced world of health care, it is easy to forget the simple things - like notifying your state licensing board about address changes. It seems trivial, but there may be consequences for a physician who fails to update her physician profile.

 

HTMLNo Attorney Disbarment in NJ for Misappropriation of Law Firm Funds
Brian S. Gatens; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on December 19, 2014
As we are taught in law school, and as some members of the public find hard to believe, attorneys are held to the highest ethical standards. One of the surest ways for an attorney to secure his or her disbarment is to misappropriate funds. In a December 18, 2014 decision, however, the New Jersey...

 

HTMLWARNING! If You Assume Your Case Will Survive Because You Have a “Creative” Warnings Expert, You Do So At Your Own Risk
Ernest V. Goodwin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on December 15, 2014
Those of us in the business of defending products look at the world in a slightly different way. When I come across a warning label, I actually study it because in a failure to warn case, the language of the warning, the color of the label and its location on the product are relevant to the...

 

HTMLA “Good” Deed Goes Unpunished
Richard H. Rubenstein; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on November 17, 2014
Last month, I wrote about the “Good Samaritan” rule, codified in Restatement (Second) of Torts, section 324A, “Liability to Third Persons for Performance of Undertaking.” In that post, I discussed how plaintiffs have tried to impose liability on manufacturers and...

 

HTMLFlorida Appeals Court Quashes Order Requiring Insurance Commissioner to Testify
Nicholas D. Freeman, James M. Kloss; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on April 10, 2015
On March 13, 2015, in Florida Office of Insurance Regulation v. Florida Department of Financial Services, Florida’s First District Court of Appeals quashed the trial court’s order compelling the deposition of the Florida Insurance Commissioner. The court found that even if the party...

 

HTML“Raging Bull” Settles but Its Repercussions Persist
Laura A. Alos, Adam R. Bialek, Gregory N. Brescia; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on April 9, 2015
The United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc., et al., 134 S. Ct. 1962 (U.S. 2014) delivered a clear message to copyright holders and those who wish to capitalize on those copyrights. The ruling states that invoking laches cannot restrict the relief...

 

HTMLIt Takes One to Confront One in a Professional Liability Claim
Brian S. Gatens; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 20, 2015
Would an architect by any other name smell as sweet? The answer is no when it comes to authoring an affidavit of merit in New Jersey. A recent case made clear that an affidavit from a professional licensed in a different field cannot support a professional liability claim, even if they have...

 

HTMLIs Ignorance Bliss for Website Users Confronting Terms of Use Agreements?
Adam R. Bialek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 14, 2015, previously published on April 3, 2015
Have website agreements gone too far? Can too much disclosure cause people to no longer care enough about Terms of Use (TOU) to read them fully before agreeing to them?

 

HTMLBrazil’s Clean Companies Act: One Year Later, Is It Finally Getting Teeth?
George M. Melo; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
While 2014 started with much fanfare over Brazil’s Lei da Empresa Limpa or “Anticorruption Law” (Lei no. 12.846/2013), also referred to as the “Clean Companies Act” (CCA), coming into effect, it seems that the remainder of the year was spent quietly with companies...

 

HTMLNYDFS to Collect Data on Cyber Security, but Could Hackers Use This Database as a Road Map to Launch Targeted Attacks?
Jonathan L. Bing, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 6, 2015, previously published on March 31 2015
On March 26, 2015, the New York State Department of Financial Services (NYDFS) announced that it is broadening the scope of questions and topics in its current information technology (IT) examination framework. In addition, the NYDFS requires insurers to provide a response to 16 questions about...

 


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