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Med Mal News
Law Firm Sues to Bar or Control Outsourcing of Client Information
The personal injury and medical malpractice law firm, Newman McIntosh & Hennessey, of Bethesda, MD, is suing President George W. Bush and the overseas legal support services firm Acumen Legal Services of India, seeking a ruling on the effects on privacy rights when privileged client data is outsourced to an overseas location. Acumen offers services to attorneys, such as contract drafting, legal research and legal analysis. Joseph Hennessey, a partner with the firm, says his organization fears for privacy rights because foreign companies like Acumen do not enjoy the presumption of privacy and attorney/client privilege that U.S. firms do, and the National Security Agency may not be constrained by the U.S. Constitution to refrain from spying on outsourced records. 'We are really heading toward a collision between globalized economic interests and the limited extension of constitutional rights,' Hennessey says. The court is being asked to rule on whether constitutional protections extend to overseas outposts of the legal field, and, if not, whether law firms' clients' consent should be required before their records can be sent abroad. 'It's not paranoia. It's just fact,' Hennessey says. 'Now that we're outsourcing services, we have given no consideration to the ongoing practice of the government harvesting information out there.'
Patient Says Convicted Psychiatrist Caused Mental Harm
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.