To Settle or Defend
January 31, 2015
When trying to make a reasoned decision about whether to settle or defend a medical malpractice claim, there are a number of things that should be taken into account. In this regard, the authoroffers eight factors to consider, four of which were addressed in last month's newsletter. The discussion concludes herein.
Case Notes
January 31, 2015
In-depth analysis of two key rulings.
Recent NLRB Actions Force Employers to Change Established Policies and Practices
January 31, 2015
This article highlights recent NLRB decisions and actions that have broadened the scope of employees' rights under Section 7 of the National Labor Relations Act (NLRA), summarizes the December 2014 final rule changing the representation election process, and provides an update on the court decisions in the <I>Noel Canning</I> case, which cast doubt on some recent NLRB actions.
The Internet of (Legal) Things
January 31, 2015
Welcome to the "Internet of Things" (IoT) ' the Web of embedded computing devices that interact with our everyday lives. Like any technology revolution, those devices have no interest in waiting for the legal world to catch up. As a result, if a General Counsel's wearable device measuring nighttime biorhythms does not keep her awake at night, the prospect of billions of devices sensing everything about her customers and employees during an era of cyber insecurity probably will.
<b><i>Practice Tip:</i></b> Did the Affordable Care Act End the Collateral Source Rule?
January 31, 2015
The Affordable Care Act has the potential to change dramatically many aspects of America's healthcare system, including access to medical care, insurance coverage for medical expenses, and the actual costs of care. As a side effect, there is a growing belief that the passage of the Affordable Care Act could signal the end of the collateral source rule.
'Unreliable ' Articles, 'Trial by Literature ' Revisited
January 31, 2015
The reliance upon, and use of, unreliable hearsay literature by expert testifiers is a challenging topic that cuts across the spectrum of complex litigation. Often, the literature is comprised of technical or scientific articles published in some journal with a claim that the published work product has been "peer reviewed." The problems seem to have exacerbated.
Top 10 International Employment Law Issues
January 31, 2015
This article compiles and describes, with varying degrees of specificity, what appear, to this author, to be the top 10 global employment law issues facing employers in 2015. They are listed in reverse order.
Ethics and Obligations Regarding Global Big Data
January 31, 2015
It is a basic tenet of professional responsibility that lawyers obtain sufficient proficiency to ensure competent representation of their clients. The challenge in today's world of Big Data and corporate globalization and outsourcing of IT infrastructure is that the level of technological proficiency required is not always clear. Understanding your obligations and establishing defensible processes will be necessary to fully demonstrate competence in discovery should an issue arise.
When Forensic Neuropsychiatric Expertise Is Indicated, Early Retention Is Best
January 31, 2015
Many defense lawyers and in-house corporate supervisors make the mistake of waiting until a case is on the eve of trial before retaining the requisite expert witnesses, With no category of expert witnesses is this need to retain one's own expert early more true than with a forensic neuropsychiatrist.
When Your Data Goes Viral: Insurance for Data Breaches
December 31, 2014
This article explains the traditional insurance products that may provide a policyholder with insurance coverage for data breaches, and some of the newer products available to policyholders for these risks.
