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Documents on professional liability
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|N.Y. Court of Appeals Judges Reject Bid to Broaden Attorney-Client Privilege Rule|
Duane Morris LLP;
July 22, 2016, previously published on June 15, 2016On June 9, 2016, the New York Court of Appeals, in a 4-2 decision, declined to broaden the common interest exception to New York state attorney-client privilege. The First Department Appellate Division had previously found that the common interest exception could be extended to communications with...
|Utilizing Federal Rule of Evidence 502(d) as Insurance for Inadvertent Disclosure and a Cost-Saving Device|
Kyle M. Heisner; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 21, 2016, previously published on June 1, 2016Congress enacted Federal Rule of Evidence 502 in 2008 to address the growing risk of inadvertent production of privileged documents as e-discovery became more prevalent. Rule 502(b) provides automatic protection in all federal cases for privileged material (including, but not limited to,...
|2016 Hot Compliance Areas for Physician Practices|
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
April 5, 2016, previously published on March 2016Physician practices should pay attention to the recent reports released by the Department of Justice (DOJ), OIG and other agencies regarding their enforcement actions in 2015 and priorities in 2016. These reports and recent settlements reveal hot compliance areas that physician practices should...
|Lasting Powers of Attorney|
Julia Abrey; Withers Bergman LLP;
March 31, 2016, previously published on March 10, 2016The benefits of drawing up a Will are widely recognised as, in so doing, you make provision for the winding up of your affairs after death. This not only has advantages for those who will find themselves administering your estate but also gives you peace of mind, knowing that you have selected, as...
|Alberta Court Determines APEGA’s Registration Examinations Are Not Discriminatory|
James Casey, Jason Kully; Field Law;
March 23, 2016, previously published on January 27, 2016In Association of Professional Engineers and Geoscientists of Alberta v. Mihaly, 2016 ABQB 61, Madam Justice J.M. Ross ruled that it is not discriminatory for the Association of Professional Engineers and Geoscientists of Alberta (“APEGA”) to require an internationally educated engineer...
|The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs|
Jason Kully, Gregory Sim; Field Law;
March 23, 2016, previously published on February 29, 2016In Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, the British Columbia Court of Appeal determined that it was reasonable for the College of Pharmacists to prohibit pharmacists from using “customer incentive programs.”
|Claims Against Design Professionals: Is It Too Late?|
Jacob E. Roussel; Breazeale, Sachse & Wilson, L.L.P.;
March 18, 2016, previously published on March 2016Weighing the options of whether or not to bring a lawsuit against another entity involved on a project is a question that is all too familiar for those involved in the construction industry. One common dilemma involves how to handle a dispute which arises in the middle, or even towards the...
|My Attorney Told Me To...Opening the Door and Waiver of the Attorney-Client Privilege|
Nicole M. Ehrhart; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 7, 2016, previously published on March 1, 2016The United States District Court for the Middle District of Pennsylvania has once again considered the issue of waiver of the attorney-client privilege. In Piazza v. County of Luzerne, 2015 U.S. Dist. LEXIS 147283 (M.D. Pa. Oct. 30, 2015), the plaintiff claimed he was unlawfully terminated from his...
|Overview of Insurance Agent Professional Liability in Ohio|
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 7, 2016, previously published on March 1, 2016In recent years, several factors have combined to cause a significant increase in the amount of litigation instituted against insurance agents. Greater competition from a range of sources has caused traditional agents to look for ways to add value, transforming their responsibilities from that of...
|Update on Physician-Assisted Death: Superior Court Issues Practice Direction with Requirements for Bringing an Application|
Daphne Jarvis, Ewa Krajewska, Barbara Walker-Renshaw; Borden Ladner Gervais LLP;
February 16, 2016, previously published on February 4, 2016On January 15, 2016, the Supreme Court of Canada granted the Attorney General a further four month extension of the suspension of invalidity of the Criminal Code provisions relating to physician-assisted death, i.e., to June 6, 2016. In addition, the Court allowed individuals to bring an...