Law Firms Grapple With Cybersecurity Issues and Regulatory Risks
May 01, 2016
Security is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable.
Med Mal News
April 01, 2016
Professional Association's Censure Not Actionable in Courts
Nursing Homes, Long-Term and Advanced-Care Facilities
April 01, 2016
In light of corporate negligence's history with state courts, the question becomes: What types of duties have been found to flow directly from nursing homes, long-term and advanced-care facilities to a potential plaintiff, bypassing employees and agents entirely?
Sharing Medical Device Mass Tort Actions
April 01, 2016
A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider. The major issue facing the plaintiff's lawyer during client intake is to decide which cases to file immediately and which cases can wait. This depends, of course, on the statute of limitations the lawyer determines will be applicable ' and that is no small task.
Cyber Insurance Litigation
April 01, 2016
On Sept. 9, 2015, Excellus BlueCross BlueShield announced a data breach that compromised about 10.5 million people's personal information, including Social Security numbers and medical and financial information. Excellus discovered the data breach during an investigation of its computer system. The breach had occurred on Dec. 23, 2013. A class action has already been filed, and Excellus is cooperating with the FBI.
Mobile Medical Apps and Product Liability
April 01, 2016
As mobile medical apps become central to medical care, litigation is inevitable. A threshold issue in such litigation is likely to be whether or not a mobile app is, in the first instance, subject to FDA regulation.
Verdicts
April 01, 2016
Hospital Remains in Suit After Court Finds Ostensible Agency <br>NY Appeals Court Finds Physicians May Opine As to Proximate Cause in Cases Involving Claims Outside Own Specialty
Extracting the 'Consent to Settle': A Game Plan for Insurers and Defense Counsel
February 29, 2016
Consent-to-settle provisions in medical malpractice insurance policies present challenging issues to insurers, defense attorneys and policyholders in the context of defending professional liability claims. Most liability insurance policies cede the ultimate discretion over settlement decisions to the insurer. Medical malpractice policies are outliers from the norm in the insurance industry.
The Illusion of a 'Second Opinion'
February 29, 2016
Creating the illusion of an independent "second opinion," insurance companies involved in personal injury lawsuits frequently contract with vendors to provide "records reviews," "peer reviews" or "paper reviews." In the authors' view, these opinions are far from objective.
