Courts Diverge on Ex-Parte Interviews Under HIPAA
April 29, 2010
There is, as yet, no consensus on whether defense counsel in medical malpractice proceedings have the right to interview plaintiffs' treating physicians through ex parte interviews to which plaintiffs and their counsel are not invited.
Text Messaging Heard By the Supreme Court
April 29, 2010
The U.S. Supreme Court on April 19 wrestled with the privacy expectations of public employees in a case involving workplace monitoring of text messages. By the end of arguments in <i>City of Ontario, Calif. v. Quon</i>, some justices, unfamiliar at first with the ins and outs of text technology, appeared better informed, but Jeffrey Quon's expectation of victory appeared to decline.
<i>Tiffany v. eBay </i>
April 29, 2010
The recent decision of the Second Circuit in connection with the appeal in <i>Tiffany (NJ) Inc. and Tiffany & Company v. eBay, Inc.</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without ever selling the goods and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
When 'If and When' Becomes 'Here and Now'
April 29, 2010
The recent merger of Wyeth and Pfizer illustrates some of the problems arising from these mergers and the resolution of these problems. Part One of this article addressed deferred compensation and performance share awards. The conclusion herein addresses options.
Child Custody Jurisdiction in a Global Society
April 29, 2010
This article addresses problems that commonly occur in international custody disputes when one of the parents and the children are in, or return to, the U.S., there is no custody order in place, and the other parent removes the children to a foreign country.
Case Briefs
April 29, 2010
Highlights of the latest insurance news from around the country.
Insurance Coverage For Patent Infringement Claims
April 29, 2010
Courts across the country, and particularly in California, have long been reluctant to construe standard commercial general liability insurance policies to provide coverage for patent infringement lawsuits. However, the Ninth Circuit's recent decision in <i>Hyundai Motor v. Nat. Union Fire Ins.</i>, suggests that, at least when the patented invention is itself a method of advertising, an insurer will owe a duty to defend a patent infringement lawsuit under the "advertising injury" provisions of many standard CGL policies.
