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|Personal Data Protection under Turkish and European Legislation|
Eda Uludere; Erdem Erdem Law Office;
February 5, 2016, previously published on January 8, 2016Protection of personal data has become increasingly important in the second half of the 20th century onwards, and more strikingly so in the last decade. In European context, such protection is realized through a twofold system; namely, the Council of Europe (“CoE”) protection of...
|OCR Strikes Again with 3 Recent HIPAA Settlements|
James J. Giszczak, Rick L. Hindmand, Emily A. Johnson, Dominic A. Paluzzi; McDonald Hopkins LLC;
February 2, 2016, previously published on January 26, 2016The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) is showing signs of becoming increasingly aggressive in enforcing the Health Insurance Portability and Accountability Act (“HIPAA”), with the recent announcement of three settlements in a 20-day...
|The “Jerk and Jolt Doctrine” Applies to Claims of Negligent Operation of Buses and the Failure to Present Sufficient Evidence Required Verdict against SEPTA to be Vacated.|
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
January 27, 2016, previously published on January 15, 2016The plaintiff sued SEPTA regarding an injury he claims he sustained on one of the defendant’s buses. Trial resulted in a verdict against SEPTA in the statutory limits of the Sovereign Immunity Act, 42 Pa.C.S.A. §8521, et. seq. SEPTA appealed, arguing that it was error to characterize it...
|Transgender Student Denied Access to Girl’s Locker Room|
Bradford Ingram; Heyl, Royster, Voelker & Allen Professional Corporation;
January 27, 2016, previously published on Winter 2016Township High School District 211 in Palatine, Illinois responded recently to a discrimination claim brought by a transgender high school student on the basis of sex when the district denied her access to the girl's locker room.
|Fourth Circuit Court of Appeals Holds that the Use of a Taser Against an Emotionally Disturbed, Passively Resisting Subject is Unconstitutional|
J. David Marsey; Rumberger, Kirk & Caldwell Professional Association;
January 25, 2016, previously published on January 2016The Fourth Circuit Court of Appeals recently held1that an officer’s use of the drive-stun Taser technique on an emotionally disturbed, passively resisting subject of a civil commitment order was unconstitutional. Although finding the use of force unconstitutional, the Court affirmed summary...
|EEOC - New Resource Documents.|
Shawe Rosenthal LLP;
January 22, 2016, previously published on December 30, 2015The Equal Employment Opportunity Commission has released new resource documents relating to accommodations for employees with HIV infection and protections against harassment and discrimination for Muslim/Middle Eastern employees.
|Senate Democrats Plan to Force Vote on Trump Muslim Ban|
McDonald Hopkins LLC;
January 20, 2016, previously published on January 15, 2016There has been a lot of "happy talk" from leadership in both chambers and in both parties about how much Congress can get done this year. This week, however, the reality of life in a presidential election year reminded many in DC of just how difficult it is for Congress to get anything...
|Amendment to CPLR Limits Judge's Discretion in Rejecting Expert Affidavits|
Steven DiSiervi, Michael E. Gorelick, Glenn A. Jacobson; Abrams, Gorelick, Friedman & Jacobson, LLP;
January 19, 2016, previously published on December 21, 2015A recent amendment to New York Civil Practice Law and Rules 3212 (b) makes it easier to use affidavits of previously undisclosed experts in motions for summary judgment.
|Harris Stowe Again Hit By Multi-Million Dollar Discrimination Verdict|
McMahon Berger A Professional Corporation;
January 7, 2016, previously published on December 21, 2015Just one month after a jury awarded a former Harris Stowe professor nearly $5 million on claims of racial discrimination, the University has again been hit by a very large discrimination verdict, this time for $2.5 million. The more recent case involved charges of discrimination and retaliation...
|Employment Law Client Alert: New York City Issues Fair Chance Act Guidance: Job Seekers To Be Judged On Merits|
Paul F. Millus; Meyer, Suozzi, English & Klein, P.C.;
December 15, 2015, previously published on December 3, 2015Effective October 27, 2015, The Fair Chance Act ("FCA"), amends the New York City Human Rights Law by making it an unlawful discriminatory practice for most New York City employers, labor organizations, and employment agencies to inquire about or consider the criminal history of job...