Emerging Internet Telemedicine Issues
Internet telemedicine, in use to varying degrees for more than a decade and general technology-assisted telemedicine for much longer than that, is plagued by concern for patients whose physicians prescribe medication without a face-to-face examination. The result has been that state boards of medical examiners and state legislatures throughout the country have initiated disciplinary hearings and legislation to limit a physician's ability to practice medicine without prior hands-on contact with a patient. But emerging technology and medical advancements may be stifled by problems unique to Internet telemedicine.
Bell Atlantic v. Twombly and Its Aftermath
One of the most important decisions that corporate counsel must make in any case is whether to file a motion to dismiss. While a motion can put an early end to the case, it can also prompt a judge to make damaging pronouncements about the law, without the benefit of a fully developed factual record.
Features
German Data Retention Law Takes Effect
The controversial German draft bill designed to amend legislation on communications surveillance and other secret investigation measures, and to implement the European Directive 2006/24/EC ' which was set to introduce mandatory retention of communications traffic data ' went into effect on January 1.
'You're Fired!'
For Donald Trump, 'You're fired!' has become a money-maker. But for Human Resources managers and in-house counsel, 'You're fired' is a dreaded phrase that will bring not an increase in ratings, but an increase in lawsuits. A poorly executed termination exposes the employer to significant liability; even a simple discrimination claim can cost the employer $100,000 in defense costs.
Should Auld e-Commerce Be Forgot?
For many, 2008 began with the timeless strains of 'Should auld acquaintance be forgot.' But for e-commerce practitioners, there's no time for celebrating: The pace of change is constant. Information is out of date almost as soon as it has been published, as new technology may in itself, and certainly will help, competitors race to unseat those who came before. In that spirit, then, let's look back over some of the subjects that have recently appeared on these pages, to see how the law and business of e-commerce have developed since we first wrote about them.
Majority Voting in Director Elections
Majority voting for the election of directors has been transformed from a fringe concept to the prevailing election standard among large public companies in the brief span of three years, as demonstrated by the November 2007 edition of the <i>Study of Majority Voting in Director Elections</i>. Statistics and examples drawn from the Study underscore that majority voting has become a relatively mature, as well as widespread, movement.
What Is a 'Risk Assessment' and How Do You Perform One?
There is an an alphabet soup of acronyms, programs and initiatives suggesting, encouraging, cajoling and, in many cases requiring formal, written codes of ethics and business conduct. This article endeavors to make sense of it all and provide some practical advice on to best protect your company by focusing on the one common thread found in virtually all of the new statutory, regulatory and enforcement guidance: 'Risk Assessments.'
'Fraud Control Gap'
A 2007 study by the author's firm's Deloitte Forensic Center revealed relatively weak performance in many companies' fraud controls, raising concerns about the effectiveness of key aspects of corporate compliance, ethics and risk management programs. In-house counsel should consider how the findings might apply to their companies and what remedial steps they can take.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›