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Search Results (10662) Documents on legal management Show: results per page Sort by:  | First State Attorney General Action Under HITECH
Robyn Sterling; Proskauer Rose LLP;
Legal Alert/Article February 14, 2012, previously published on February 14, 2012 On January 19, 2012, Minnesota Attorney General Lori Swanson exercised her authority under the HITECH Act by filing a lawsuit against a business associate for the failure to protect protected health information (PHI) and for the failure to disclose the extent to which PHI was utilized. The case...
| | Comer II: Is "If At First You Don't Succeed, Try, Try Again" a Valid Legal Strategy?
Kevin P. Holewinski; Jones Day;
Legal Alert/Article February 10, 2012, previously published on Winter 2012 Comer, et al. v. Murphy Oil USA, et al., No. 1:11-cv-00220 (S.D. Miss.) ("Comer II"), is a class-action complaint brought by Mississippi residents that is nearly identical to another action, Comer, et al. v. Murphy Oil USA, et al., No. 1:05-cv-00436-LG-RHW ("Comer I"),...
| | Attorney General: Pre-Proposition 26 Green Building Standards Fee Is Not A Tax
Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article February 7, 2012, previously published on February 3, 2012 The Attorney General concluded the charge that cities and counties are required to collect from all applicants for building permits pursuant to Health and Safety Code section 18931.6 are regulatory fees, not taxes. (Attorney General Opinion, No. 09-903, December 27, 2011.)
| | Employers: Do You Need a Refresher in the Ellerth-Faragher Affirmative Defense?
Abigail M. Moland; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article February 7, 2012, previously published on February 2012 Sexual harassment by supervisors presents special problems for employers. A recent decision out of the 8th Circuit Court of Appeals: Crawford v. BNSF Railway, Co., issued January 11, 2012, reiterates the importance of investigating and appropriately responding to employee claims against supervisors...
|  | “Actual Malice” is not Actually Malice: Clarifying and Solving One of the Supreme Court's Enduring Paradoxes
Jesse L. Jenike-Godshalk; Dinsmore & Shohl LLP;
Legal Alert/Article February 6, 2012, previously published on February 3, 2012 “[T]hese definitions distort common English . . . . When the Supreme Court uses a word, it means what the Court wants it to mean. ‘Actual malice’ is now a term of art having nothing to do with actual malice.”
| | Changes to Regulations Governing Federal Removal and Venue
William J. Akins, Beata Shapiro; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article February 3, 2012, previously published on January 31, 2012 Federal courts are often perceived as being stringent in their application of the procedural and substantive laws, exacting in reading motions and enforcing court orders, and intolerant of excuses from counsel for failure to comply with court rules, discovery obligations and ethical and evidentiary...
| | Client Alert Topic: Trust & Estates
Mark B. Balian, Grace C. Bertone; Bertone Piccini LLP;
Legal Alert/Article February 3, 2012 The federal gift and estate exclusion for 2012 has increased from $5,000,000 in 2011 to $5,120,000 as an inflation-adjustment. This provides taxpayers with a temporary increase in the lifetime gift, estate, and generation-skipping transfer ("GST") tax exclusion amount while the tax rate...
| | Health Care Managed Care Gone Too Far
Mark B. Balian, Jeremy S. Piccini; Bertone Piccini LLP;
Legal Alert/Article February 3, 2012 Over the last few months hospitals have been receiving letters from certain insurance companies advising hospital administrators of a ¿change in policy¿ which will take effect in the earlier half of this year. Specifically, the change in policy is an attempt by the provider to unilaterally amend...
| | Closing the Talent Gap...Today and Tomorrow
David T. Brown; Much Shelist Denenberg Ament & Rubenstein, P.C.;
Legal Alert/Article February 3, 2012, previously published on February 2, 2012 In a recent editorial in The Wall Street Journal, Chicago Mayor Rahm Emanuel noted that the Chicago area has a 10% unemployment rate but more than 100,000 unfilled jobs. In doing so, he highlighted the skills gap that undermines the region's economic competitiveness and announced a public/private...
| | Despite Supreme Court’s Critical Language, Expert Testimony in Legal Malpractice Case Required on Standard of Care
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article February 2, 2012, previously published on February 1, 2012 The Supreme Court of Connecticut held that despite its critical language of defendants (plaintiff client’s former attorneys) for violating basic rules of appellate procedure, the former client was still required to present expert testimony in his legal malpractice action to establish the...
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