In the Courts
September 02, 2015
In July, the Seventh Circuit upheld the district court's sentence of probation and a civil fine ' with no jail time ' for willful tax evasion, despite the recommendation of imprisonment pursuant to the Sentencing Guidelines. An analysis of <I>U.S. v. Warner.</I>
Understanding Bias in Workers' Comp Medical Exams
September 02, 2015
The reality of workers' compensation life is that "bias" is rampant in the system ' especially when it comes to medical proof presented in litigated matters. This inherent bias should be scrutinized in full context.
<b><i>At the Intersection</i></b>: 'Manterruption' Continued
September 02, 2015
Last month, we discussed the widespread tendency of men to interrupt women in settings where the power stakes were high ("manterruption") and their tendency to appropriate women's comments and ideas as their own ("bropropriation"). We conclude with some additional thoughts.
FATCA's Due Diligence Expansion
September 02, 2015
In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.
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.
Significant UK Court Ruling on Data Protection Liability
September 02, 2015
The UK's Court of Appeal gave a very important judgment in March 2015 in a case concerning Google's Internet behavior tracking through a browser. First, misuse of private information is now classified as a tort, thereby in this case enabling proceedings to be issued against a party outside the jurisdiction of the UK; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998 may now be claimed, despite there being no monetary loss.
e-Mail Risk Mitigation For Law Firms
September 02, 2015
Each day, attorneys create and handle documents that require strict confidentiality to avoid loss of evidentiary privileges. In today's digital workplace, many of these files are exchanged via e-mail. While e-mail allows for convenience, speed and portability, each attorney using e-mail must ask before sending: "Am I putting my client's confidentiality needs and expectations, as well as my ethical obligations, at risk?"
IP News
September 02, 2015
Federal Circuit: District Courts Must Address <i>Intel</i> Factors In Determining Whether to Modify A Protective Order In Foreign Proceedings <br>Federal Circuit Applies An 'Abuse of Discretion' Standard of Review for a PTO 'Special Circumstances' Determination
Data Sharing in the Cloud
September 02, 2015
Storing and sharing data "in the cloud" has become, in many instances, a business necessity. The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house.
