Med Mal News
January 01, 2004
Important news of interest to you and your practice.
Understanding EMTALA and the Courts
January 01, 2004
Because many attorneys who handle professional liability cases are not also involved in cases challenging government regulations, they may not be familiar with the weight that the courts often give to regulations and regulatory preambles such as those discussed in last month's article on the new Emergency Medical Treatment and Labor Act (EMTALA) regulations. This article should aid in filling any such gaps in the attorney's experience.
The 'Lost Chance' Theory of Recovery
January 01, 2004
Under the "lost chance" theory, a claimant's recovery is limited by the odds or likelihood that the event would have or will occur -- a departure from the "all-or-nothing" rule of recovery, whereby a claimant receives the full measure of damages if, but only if, the injury is "reasonably certain." If, for example, it is shown that there is a 20% chance that the plaintiff will suffer future harm, the plaintiff will be awarded 20% of what he or she would have been awarded had he or she sustained the injury.
Hotline
January 01, 2004
Recent developments of interest to corporate counsel.
A Records Retention Policy in the Electronic Era
January 01, 2004
Every company should have a records retention policy. Due to increased use of e-mail, this policy must address the changing business world by including a clear directive on the retention and destruction of electronic records. (Companies tend to use the term "document retention policy." However, due to the proliferation of e-mail and other electronic data, "records retention policy" is more appropriate.) Most importantly, the policy must provide a directive that ensures that, when the threat of litigation arises, whether civil or criminal, all relevant documents are preserved.
Fighting Retaliation Under Sarbanes-Oxley
January 01, 2004
In order to restore public confidence in the financial market, and to reduce the likelihood of future crises by ensuring that the public receives more information about possible corporate fraud, Congress enacted the Corporate and Criminal Fraud Accountability Act of 2002, otherwise known as Title VIII of the Sarbanes-Oxley Act of 2002 (the Act). To achieve its intended purpose, Congress included protection for employees of publicly traded companies who "blow the whistle" on their employers. Because the procedures, time limitations and standards of proof governing Sarbanes-Oxley Act retaliation claims are substantially different than those under state and federal anti-discrimination statutes that many companies are quite familiar with, companies and their counsel need to become aware of the differences.
Are You COBRA-Ready?
January 01, 2004
Early last year, the U.S. Department of Labor (DOL) published proposed regulations updating the notice and disclosure requirements applicable to health care continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). These proposed regulations update model notices, give disclosure guidance, and establish two new required COBRA notices. The proposed regulations were originally effective for plan years beginning on or after January 1, 2004. However, in September, the DOL announced a delayed effective date in order to allow employers and plan administrators time to comply with the new requirements. The effective date is now 6 months after the DOL's adoption of the final rules to implement the administrative changes required by the new rules. The DOL expects to issue final rules in early 2004.
Practice Tip: <B>Talk About the Internet ' It's Not Just for Data Anymore</b>
January 01, 2004
Controlling operational costs is a constant challenge and typically a priority for all law firms. Telephones ' phone switch and desk sets as well as local and long distance telephone service ' are a traditionally significant operational cost component, and a chronic administrative headache. Over the past few years, a set of technologies has evolved that offers the potential to take a big bite out of telephone costs, as well as significantly impact attorney and staff productivity. These emerging technologies are referred to as Voice Over Internet Protocol, or VoIP. Developments in speed and reliability of computer technologies combined with dramatic increases of Internet bandwidth have resulted in increasing quality and reliability of service. Since the mid-1990s, VoIP has moved from the virtual back alleys of the techie world to the front office of the enterprise. As a result, voice communication traffic routed over the Internet is rapidly expanding.
Bits & Bytes
January 01, 2004
Kroll Inc. has announced that it has acquired Oyez Legal Technologies Limited (OLT), the U.K. market leader in litigation support and legal information…
Product Review: Timeslips 2004
January 01, 2004
Version 2004 has several important new features that should justify upgrades by current Timeslips users, and create interest for new users as well.
