QDRO or Buyout?
January 31, 2015
These days, attorneys drafting QDROs must contend with a new type of retirement plan called a "cash balance pension plan" ' a hybrid that is not really the fish of a traditional defined benefit plan, or the fowl of a defined contribution plan.
Obama Calls for Student Privacy Standards
January 31, 2015
In a speech before the Federal Trade Commission on Jan. 12, President Barack Obama called for the passage of a Student Digital Privacy Act that would allow student-related information to be collected only for educational purposes, not for marketing.
Coaching: A Shift in Law Firm Culture
January 31, 2015
Like other firms, Seyfarth found that developing employees, increasing engagement, addressing generational changes, and matching associate objectives with firm goals is a constant challenge. Here's how they solved the problem.
Drug & Device News
January 31, 2015
News about a company that paid a heavy penalty for selling an adulterated surgical device.
The Transgender Child
January 31, 2015
How to protect the best interests of children with gender dysphoria under the law.
To Correct or Not Correct Misinformation in Social Media
January 31, 2015
In June 2014, the FDA issued a draft guidance document, "Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation about Prescription Drugs and Medical Devices." While the draft guidance is not legally binding, it indicates that the FDA will not hold responsible companies that choose to correct (or not correct) third-party misinformation. What are the product liability implications?
Workplace Bullying Laws and Litigation
January 31, 2015
While no state, or the federal government, has adopted laws explicitly outlawing bullying in the private sector, employers are well advised to proactively take steps to prevent workplace bullying.
Terminating the Physician/Patient Relationship
January 31, 2015
In general, terminating the physician-patient relationship is allowed as long as the physician provides reasonable notice to the patient ' giving him or her the opportunity to obtain another qualified physician to manage his or her care. If this requirement is not met, and the patient suffers injury, the physician may have breached a duty to the patient and may be found liable for medical negligence (malpractice) under the theory of abandonment.
The Internet of (Legal) Things
January 31, 2015
Welcome to the "Internet of Things" (IoT) ' the Web of embedded computing devices that interact with our everyday lives. Like any technology revolution, those devices have no interest in waiting for the legal world to catch up. As a result, if a General Counsel's wearable device measuring nighttime biorhythms does not keep her awake at night, the prospect of billions of devices sensing everything about her customers and employees during an era of cyber insecurity probably will.
