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Internet telemedicine is plagued by concern for patients whose physicians prescribe medication without a face-to-face examination. Consequently, 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.
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Legally speaking, a cause of action for a physician's failure to disclose a financial relationship with a drug company or medical device manufacturer may take the form of a medical malpractice case for lack of informed consent or breach of fiduciary duty. This article discusses what physicians can do.
Features
Part One of this article began a discussion of the dramatic increase in cases alleging caregiver discrimination. Part Two herein discusses the most recent cases and guidelines involving this area of the law, and how employers can best protect themselves, given the explosion of family responsibility discrimination (FRD) cases and the open issues that could further impact the number of FRD filings.
A <a href="http://www.lawjournalnewsletters.com/issues/ljn_corpcounselor/22_9A/">special supplement</a> on e-discovery.
On Nov. 5, 2007, the California Supreme Court issued its long-awaited decision in Gattuso v. Harte-Hanke Shoppers, Inc., S139555, confirming an employer's ability to satisfy its obligation under Labor Code ' 2802 to reimburse employees for all their business expenses with additional income. This article provides an analysis of the ruling.
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In the wake of a failed attempt to negotiate legislation for comprehensive U.S. immigration reform with Congress, the Bush Administration recently announced a series of 'regulatory' reforms to tighten immigration enforcement. Perhaps the most significant and controversial of those reforms is the Department of Homeland Security's new regulation addressing 'no-match' letters. Although the new regulation has been temporarily enjoined pending a hearing in federal court, employers should begin considering how they will comply with it if an injunction is not granted.
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Legislation signed last month will allow New Jersey judges to restrict Internet access for convicted sex offenders and make it easier for law enforcement to monitor their online activity.
Features
A recent Massachusetts Appeals Court ruling enforcing an e-mail settlement agreement of a contractual dispute is a reminder to lawyers that e-mail settlements carry the same weight as deals on paper.
Features
In the current litigious environment, what happens when an employee sends personal, allegedly confidential communications from work to his or her attorney or spouse? Can the employer lawfully access those e-mails, or do the attorney-client and marital privileges prohibit the employer from doing so? In answering this question, the key inquiry is always whether the employee had a reasonable expectation of privacy in the e-mails at issue.