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HTMLThe Sum of All Parts: Second and Ninth Circuits Poised to Address Movie “Authorship”
Stephen J. Barrett; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 3, 2014
“There are no small parts, only small actors.” So says the film and theater maxim most frequently attributed to Russian actor and director Constantin Stanislavski. But how small a contribution is enough for an actor or director to claim authorship over the whole of a film? And, if an...

 

HTMLTenth Circuit: Property Damage Surrounding Defective Windows Is an “Occurrence” Because Damage Is Unexpected from Insured’s Perspective
Joseph F. Bermudez, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 10, 2014
In Cincinnati Insurance Company v. AMSCO Windows, No. 13-4155 (10th Cir. November 26, 2014), Cincinnati insured AMSCO, which manufactures windows for use in homes and sells the windows to distributors. Certain AMSCO windows were installed in new homes built in Nevada, and the homeowners brought...

 

HTMLData Security, Cyber Liability and First-party Costs for Mid Cap and Small Companies Are Reaching Catastrophic Levels
Joseph F. Bermudez, Scott Sweeney, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 15, 2014
Curiously, while the numbers on data security and cyber liability losses have grabbed headlines, the published information has not focused on the insurance perspective. NetDiligence® recently released its Cyber Claims Study 2014 (the Study), which focuses on cyber liability insurance claims and...

 

HTMLCalifornia Amends Law to Expand Businesses’ Obligations in the Wake of a Data Breach
Gregory Bautista, Donald P. Sullivan, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 9, 2014
Entities that own, license or maintain personally identifiable information on California residents beware - on January 1, 2015, an amendment to California’s privacy and breach law goes into effect that may have a significant impact on the way entities respond to data breaches. Starting in...

 

HTMLNew York City Mayor de Blasio Signs Affordable Transit Act into Law
Jonathan L. Bing, Jake Herring; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 15, 2014
On October 20, 2014, New York City Mayor Bill de Blasio signed Local Law 53, the Affordable Transit Act. Under this new law, New York City businesses with 20 or more full-time employees will be required to offer a federal commuter tax fringe benefit to employees. Covered employers will need to...

 

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 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...

 

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....

 

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...

 


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