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Med Mal News
October 01, 2004
Recent news of importance to you and your practice.
Videotaped Depositions: Goldmine or Curse?
October 01, 2004
Times have changed. Depositions, used at trial for impeachment purposes, are now more than just dry words on a page. Increasingly, they are on videotape and the courts are happy about that. <i>Weseloh-Hurtig v. Hepker</i>, 152 F.R.D. 198, 201 (D. Kan. 1993). Should medical malpractice lawyers feel the same way? Well, it depends on whether you are the attorney taking the deposition or if you are the one whose client's deposition is being captured on video. It can be a blessing or it can be the death knell for your case. Let's look at this developing trend.
HIPAA 2004: A Review of Significant Litigated Cases
October 01, 2004
In the previous months' newsletters, we looked at two of the three significant cases interpreting the Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (HIPAA). <i>Northwestern Memorial Hospital v. Ashcroft</i>, 2004 U.S. App. LEXIS 5724 (7th Cir. 2004), a case decided by the U.S. Court of Appeals for the Seventh Circuit, rejected the idea that HIPAA created a new federal privilege regarding abortion medical records. In <i>South Carolina Medical Association v. Thompson</i>, 327 F.3d 346, 2003 U.S. App. LEXIS 7940 (4th Cir. 2003)(cert. denied 2003 U.S. LEXIS 8010 (U.S., Nov. 3, 2003)), the Fourth Circuit held the HIPAA regulations themselves to be constitutional. The third case of note on the subject of HIPAA interpretation, which we look at this month, is <i>Law v. Zuckerman</i>, 307 F. Supp. <b>Part Three of a Three-Part Article</b>.
Forget Your Firm; Market Your Partners!
October 01, 2004
Recently, at the American Bar Association Annual Meeting in Atlanta, Deval Patrick, the General Counsel (GC) of the Coca-Cola Company, said: "We are not hiring law firms, we're hiring lawyers." <br>Many, many GCs say the same thing. Seriously, by now this has become cliche in the legal services market: time and time again, in-house General Counsels say they hire lawyers not law firms. So why in the world do firms spend so much time and money marketing the firms rather than the attorneys and (at most) practice groups that are the actual marketplace products?
Note from the Editor
October 01, 2004
Each October we devote most of our content to public relations. This month we are once again spotlighting the work of Levick Strategic Communications and…
A Haven For Straight Talk: <b>Bad Surveys Are Worse Than No Surveys</b>
October 01, 2004
Marketing measurements generally come in two flavors; quantitative and qualitative. We'll talk next month about some quantitative measurements relative to marketing at your firm. This month, though, we'll discuss the ever-popular survey. On a scale of 1-7, how likely are you to read the rest of this article?
PR's Return On Investment
October 01, 2004
Last year's first Annual Law Firm Media Performance Report broke new ground with data that examined, on a market-by-market basis, the relative aggressiveness with which U.S. and global firms utilize media coverage as a component of their marketing strategies. <br>The greater depth of focus for this year's study obviously required an analytic approach beyond simply computing media appearances.
Get Smart With Your Marketing Materials
October 01, 2004
For some time now, CRM has been all the rage, but marketers may soon start hearing another buzzword: "SMART." <br>SMART stands for Sales and Marketing Assembly Resource Tool, and when integrated with a company's content, it can make an enormous difference in the way companies prepare and send out their marketing pieces.
Media & Communications Corner: <b>Outsource Those Nagging Attorney Biographies</b>
October 01, 2004
It is time to rewrite your attorney biographies. Send the e-mail, make the calls, reschedule appointments, beg for replies, threaten, and throw up your hands in frustration. Nothing works, right? Inevitably, you will receive incomplete information at the twelfth hour and be left scrambling to put something together for the Web site. Meanwhile, all other marketing initiatives come to a screeching halt, or are given a cursory glance, as time, resources and money are focused on producing biographies. There has to be an easier way. Well, there is, just read on.
Courthouse Steps
October 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.

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