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IN THE MARKETPLACE
September 02, 2003
Highlights of the latest equipment leasing news from around the country.
The Impact of HIPAA Privacy Regulations on Discovery of Plaintiffs' Medical Records
September 02, 2003
When products liability 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 (HIPAA Privacy Regulations), most counsel probably thought that only their regulatory healthcare colleagues would be affected by these detailed and complicated laws. How great an impact the HIPAA Privacy Regulations will have on product liability litigation in general is yet to be seen, but it is clear that these regulations will have an immediate effect on discovery of medical records. Under the statutory or common law of most states, when a plaintiff files a suit that puts his/her medical or health condition at issue, the plaintiff waives his/her right to privacy, to at least some extent, in his/her medical records. When the HIPAA Privacy Regulations became enforceable on April 14, 2003, this was no longer the case. Because the HIPAA Privacy Regulations provide strict privacy protection for a patient's medical information, even if the patient filed a lawsuit with his/her health at issue, discovery of the patient's medical records could become more difficult for product liability defense counsel. However, defense counsel still will have several options to obtain discovery of a plaintiff's medical records under the HIPAA Privacy Regulations.
Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
September 01, 2003
Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
News from the FDA
September 01, 2003
The latest information for use in your practice, including rulings, draft guidances, seminars, and more.
IT Security: It's Now or Never
September 01, 2003
Information technology security is a critical issue for all law firms. Yet, security initiatives are often dismissed as high cost/low return and put on the back burner. This low priority status persists despite the significant operational and financial impact a security breach would have on a firm. It is only when a major event such as the recent confluence of the Northeast blackout and the Blaster and SoBig worm attacks, or the nefarious actions of a disgruntled employee hit the public consciousness that attention rapidly re-focuses on security matters.
Sorry Airlines! Let's Take Legal Meetings Online
September 01, 2003
I can see it now: U.S. airlines continue to struggle because some of their most frequent fliers - attorneys - are turning in their wings. No longer do we need to fly nearly as often to client meetings or to interview key witnesses on our most pressing cases. Why? We now have e-meetings, specifically e-meetings from Tempe, AZ-based VIACK Corporation. Sad for the airlines; good for us!
<b><i>Practice Tip</b></i>Smart Tags Elevate Word Docs IQ and Integration
September 01, 2003
One of Microsoft's key design goals when developing Office XP was to give users more control over their day-to-day work flow and to make the ever expanding feature sets of the Office applications more readily accessible to the average user. The impetus behind technologies such as Object Linking and Embedding (OLE) and the more recent COM and ActiveX technologies were to allow for individual Office applications such as Word and Excel to share data and to work together more seamlessly. Smart Tags, a new feature introduced with Office XP, takes this technology to the next level.
Inside the RIAA Suits
September 01, 2003
Until recently, it was generally believed that public relations and business concerns would prevent large copyright holders, such as record labels, from suing file sharers, who are also likely to be their consumers. Copyright owners have long avoided suing direct infringers for file-sharing due to obvious concerns: The cost and the negative publicity associated with filing multiple lawsuits against individual users would be overwhelming. However, this month, the Recording Industry Association of America (RIAA) filed 261 civil complaints against people who have allegedly distributed copyrighted music on peer-to-peer (P2P) networks.
First Charges Filed under New Internet Porn Law
September 01, 2003
The first prosecution under a new law designed to prevent the use of misleading Internet addresses to lure children to pornographic sites was announced this month by U.S. Attorney James B. Comey.
Net News
September 01, 2003
The latest news in Internet law.

MOST POPULAR STORIES

  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • The Anti-Assignment Override Provisions
    UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
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