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HTMLThe IRS Will Not Flag, Identify Or Otherwise Note A SSN That May Be Subject To Identity Theft And Subsequent Tax Fraud. Go Figure.
Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 10, 2014
Nearly every day there’s another news story about another company suffering a data breach, either as a result of a lost or stolen device or because the company was hacked. Talk to any number of knowledgeable attorneys skilled in handling breaches, and each will guide you through a similar...

 

HTMLHere Comes the Sun...
Thomas M. DeMicco; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on November 3, 2014
House fires have always been a major source of product liability litigation in the United States. Hundreds of thousands of house fires occur each year, resulting in billions of dollars in insurance claims. According to the National Fire Protection Association, there were 487,500 structure fires in...

 

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...

 

HTMLClawback Suit Targets International Investors
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 17, 2014
In 2008, a few months before the $65 billion Madoff Ponzi scheme fell apart, the $3.65 billion Petters Ponzi scheme made headlines. Tom Petters told investors that they were financing the purchase and sale of consumer electronic goods when no goods existed. Rather, Petters used funds from new...

 

HTMLPart 1: Local Counsel: Opportunity or Pitfall?
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on March 25, 2014
Occasionally, attorneys may get a call from an out-of-state attorney requesting them to serve as “local counsel” in a new lawsuit in their home town. Lead counsel explains, “Yeah, I just need you to file some papers, let me use your office for depositions once in a while, and tell...

 

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...

 

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.

 

HTMLA Check in the “Win” Column for Broker-Dealers!
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on September 16, 2014
The Second Circuit recently issued a single opinion for two cases [Goldman Sachs & Co. v. Golden Empire Sch. Fin. Auth., No. 13-797-cv (2d Cir. Aug. 21, 2014) and Citigroup Global Mkts. Inc. v. N.C.E. Mun. Power Agency, No. 13-2247-cv (2d Cir. Aug 21, 2014)], holding that a forum selection...

 

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...

 

HTMLArbitration Agreements in Nursing Home Admission Agreements
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on October 31, 2014
In response to increasing runaway verdicts with large awards for punitive damages, many nursing homes are including arbitration clauses in their admission agreements. The U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (Feb. 2012), held that these...

 


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