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Documents on Professional Liability
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|Primer on Virginia’s Data Breach Law: Part III|
J. Brandon Sieg; Vandeventer Black LLP;
June 2, 2015, previously published on June 2015Previous articles in this series have introduced considerations for Virginia businesses that experience a “breach of the security of the system.” They have discussed Virginia-specific disclosure obligations, including who to notify and what information to provide. But many Virginia...
|Dubeck v. California Physicians' Service (2nd Dist.Ct.App. 2015), ---- Cal.App.4th ---, 2015 DJDAR 2629, Case No. BC397704|
McCormick Barstow Sheppard Wayte Carruth LLP;
May 7, 2015Plaintiff had a lump on her breast examined on February 11, 2005, and made follow-up appointments for a mammogram, ultrasound and a consultation with a breast surgeon. The lump proved to be cancerous resulting in numerous medical procedures. On February 16, 2005, the plaintiff filled out an...
|Legal Update: Architects Beware: It Is Now Settled That The Principal Architect Owes a Duty of Care to Third Party Purchasers for Negligent Design|
Amy Matthew; Miller Starr Regalia A Professional Law Corporation;
May 7, 2015In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, the California Supreme Court held that architects and engineers can be held liable to condominium owners for negligently prepared plans, specifications or design modifications. In doing so, the Court enlarged the...
|Washington Court of Appeal Finds Testimony of Non-Physician Toxicologist Sufficient to Prove Causation|
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
May 5, 2015, previously published on April 29, 2015In a May 2014 opinion, the Washington Court of Appeal reversed a lower court decision, dismissing a plaintiff’s claim against her employer for negligent cleanup of mold growth. Plaintiff Bonny Bolson was working as a tax accountant when a severe storm flooded her office. While attempting to...
|Significant Louisiana Jurisprudential Development Regarding the Requirement of Utilization Review Doctors to be Licensed to Practice Medicine in Louisiana|
Joseph J. Cefalu, Trenton J. Oubre; Breazeale, Sachse & Wilson, L.L.P.;
May 4, 2015, previously published on March 2015Recently, on March 11, 2015, the Louisiana Fifth Circuit Court of Appeal in Wilson v. Broadmoor, LLC, 14-694 (La.App. 5 Cir. 3/11/15); 2015 WL 1088465, affirmed the workers’ compensation judge’s (“WCJ”) exclusion of an employer’s utilization review report due to the...
|Accountants, Not Clients, Hold Privilege Governing Confidentiality of Records under Illinois Public Accounting Act|
Dana S. Douglas, Alexandra L. Newman, Stanley J. Parzen; Mayer Brown LLP;
April 30, 2015, previously published on April 2, 2015The Illinois Supreme Court has issued a decision of great import to all individuals and businesses that provide confidential information to their certified public accountants (CPAs). The Court has resolved the previously open question of whether the CPA or the client who provided confidential...
|Florida’s Revised LLC Act Impacts All Florida Limited Liability Companies|
Jonathan E. Kanov; Marshall Dennehey Warner Coleman & Goggin, P.C.;
April 24, 2015, previously published on April 1, 2015Effective January 1, 2015, the Florida Revised Limited Liability Company Act (Revised Act) applies to all Florida limited liability companies, regardless of when they were formed, and the former Act (codified in Chapter 608 of the Florida Statutes) was repealed. The Florida Legislature adopted a...
|Distracted Driving: What's In Your Policy?|
Jennifer B. Sandberg; Fisher & Phillips LLP;
April 22, 2015, previously published on April 1, 2015Long before cell phones, drivers faced various distractions: eating, grooming, attending to children, changing the radio, rubbernecking someone else’s accident, becoming absorbed in a conversation, or arguing. These distractions created safety hazards and, of course, still do. So, just what...
|Conference Attracts Industry-Focused Lawyers And Hospitality Leaders|
Andria Lure Ryan; Fisher & Phillips LLP;
April 22, 2015, previously published on March 2, 2015Fisher & Phillips lawyers joined hundreds of industry executives, lawyers, and security experts in Houston for the 13th Annual Hospitality Lawyer Conference. The three day conference featured general sessions and workshops aimed at the most pressing legal issues in the hospitality field from...
|First Impressions Are Lasting: New Defense Available in Delaware for Auditors and Other Third Parties in Corporate Misconduct Claims|
Seth L. Laver, Jonathan S. Ziss; Goldberg Segalla LLP;
April 17, 2015, previously published on March 2015In a case of first impression before the Delaware Chancery Court, the defense of in pari delicto was applied in favor of an auditor to defeat claims brought by the receiver of several insolvent insurance entities. This decision sets important and favorable precedent for the defense of accounting...