Navigating Insurance Coverage Issues in Med Mal Litigation
September 02, 2015
In last month's newsletter, we saw that insurance problems may lurk in the shadows, even for those medical professionals and entities that think they are fully covered. We continue the discussion of "insurance traps" here.
The Attorney-Client Privilege
September 02, 2015
Despite the ubiquitous nature of the attorney-client privilege, attorneys generally understand far less about the nuances of the invocation of the attorney-client privilege than they should, particularly in the context of interacting with former employees of a corporate client.
On the Modern American Class Action
September 02, 2015
This article examines what the author calls the present scourge of food litigation being driven by class-action attorneys on the theory that a regulatory violation of any magnitude amounts to an unfair or deceptive trade practice under state consumer protection statutes.
Counseling the Counselors
September 02, 2015
A variety of potential liability theories ' such as professional malpractice and breach of fiduciary duty claims ' may be pursued against in-house counsel by the corporation, its shareholders, and members of the public, as well as by governmental authorities. Here's what you need to know.
Buyout Funding and Death Benefits
September 02, 2015
Professional service organizations traditionally have elected a pass thru entity status (S Corp., LLC, LLP, partnership) in order to reduce double taxation at the principal's level. Similar additional taxation may occur with C Corps. and accumulated earnings tax as well as other confiscatory grabs. These issues create an impediment for the current accumulation of funds to satisfy a principal's buyout in future years.
It's Time for a Data Protection Checkup
September 02, 2015
This article is part of a series based on the BakerHostetler Data Security Incident Response Report. It focuses on developing and maintaining an information governance (IG) program. Look for further installments in future issues.
Strict Liability Claims for Prescription Medical Products
September 02, 2015
On July 16 of this year, decisions by two federal judges once again spoke to the Pennsylvania Supreme Court's silence on a fundamental issue of tort law applicable to prescription medical product liability claims in the Commonwealth.
Understanding and Avoiding Health Care Fraud Enforcement
August 02, 2015
In March 2015, the DOJ and HHS released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. Herein is a discussion of the report.
