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When medical malpractice defense counsel first heard of the new privacy regulations issued by the U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (the HIPAA privacy regulations), most probably thought that these detailed and complicated laws would affect only their regulatory health care colleagues. How great an impact the HIPAA privacy regulations will have on medical malpractice litigation, in general, is yet to be seen, but it is clear that these regulations have immediately affected discovery of medical records in med-mal cases.
Your ethics questions answered by the expert.
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Alleged harassers may not be retaliated against for participating in the investigation of harassment against them, according to the Second Circuit in a ruling of first impression. <i>Deravin v. Kerik</i>, 335 F.3d 195 (2d Cir. 2003). In doing so, the court held that "defending oneself against charges of discrimination - to the extent that such defense involves actual participation in a Title VII proceeding or investigation - is 'protected activity' within the scope" of the participation clause of Title VII.
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Plaintiff seeks to admit testimony relating to a similar claim of sex discrimination raised by a co-worker. She also notes that in a department of 20, there are only five women. Is the co-worker's testimony admissible? Is testimony relating to the office's demographics probative?
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<b><i>Costs Are Awardable, and Are Being Awarded, Against Plaintiffs</i></b> Plaintiffs' employment lawyers contemplating bringing Title VII or other discrimination suits have long felt secure in the knowledge that, even if they lose at trial or at the summary judgment stage, their client will not be assessed attorney's fees. This may not be the case.
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Recent decisions of interest to you and your practice.
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Recent cases of interest to you and your practice.
In the article "Thinking About Settlements: Should Retirement Plans Be Discounted for Taxes?" published in the June issue of <i>New York Family Law Monthly</i>, I explained that retirement plans are complex assets, comprised of both tax-deferred (asset) and taxable (liability) components. Because of this complexity, I explained that the true value of these assets is context-dependent and closely tied to the financial situation of the ultimate owner. Attempting to divide these assets equitably in the one-dimensional environment of the yellow legal pad is not without peril.
<b><i>Part Two of a Two-Part Article</i></b>In last month's article, we explained that divorce psychology remains in its infancy, and that, given the extreme complexity of the psychological issues at hand in custody matters, it is no surprise that our discipline in this area is evolving. However, that does not mean there are not real problems at hand. This month's article continues the discussion about the debate currently surrounding certain developmental theories that are often the central underpinnings of custody recommendations.
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<b><i>'Overreaching' Added to Case Law</i></b> Justice Anthony J. Falanga of the Supreme Court, Nassau County has added another twist to the case law fixing dates for the valuation of marital property when a previous action for divorce is abandoned.