Navigating Insurance Coverage Issues in Med Mal Litigation
August 02, 2015
For a physician or other health care defendant, being sued for medical malpractice is stressful. The saving grace for many is the financial safety net of liability insurance to cushion the blow and avoid monetary ruin for a physician or hospital. However, every net ' including a safety net ' has holes.
<i>Abercrombie</i> Decision Raises the Bar for Accommodating Employees of Faith
August 02, 2015
In early June, the Supreme Court issued its decision in <I>EEOC v. Abercrombie.</I> The case raised the question of whether an employer must have actual knowledge of the religious nature of an employee's practice to be found liable for discrimination under Title VII for denying employment based on that practice. The short answer is no.
Browse, Click, Sign, Enforce?
August 02, 2015
Signing, dating and keeping a record of a paper contract are standard practice. However, that standard practice does not easily translate to online legal agreements ' the agreements that are native to websites, mobile apps and other digital platforms such as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers.
<i>En Banc</i> Ninth Circuit Overturns Injunction In Anti-Islamic Video Case
August 02, 2015
More than a year after a divided panel of the Ninth Circuit issued a controversial and roundly criticized decision in <i>Garcia v. Google</i> that an actress appearing in a five-second segment of a film could use copyright law to force YouTube to remove the film from its website, the Ninth Circuit sitting <i>en banc</i> has rejected the panel's decision.
<b><i>Practice Tip: </i></b> Fighting to Win: A General Counsel's Perspective on Retaining Outside Counsel
August 02, 2015
The Northern District of California is dubbed the "Food Court" for the hundreds of false-advertising, food-labeling class actions filed there in recent years, now averaging one per week. These lawsuits are brought on behalf of consumers who allege that buyers of various food and beverage products are harmed because they consume products with labels promoting specific attributes or claims such as "better for you" or "all natural."
Measuring the ROI of Strong Information Governance Processes
August 02, 2015
Information governance requires a firm-wide approach for managing and protecting client information. By taking a proactive approach and laying out the business case through the measurement of the return on investment of information governance, law firms realize significant savings, improve client service and minimize risk.
Imposing Liability Under DMCA Counter-Notification Provision
August 02, 2015
Although seemingly dry, the few cases heretofore that have confronted questions surrounding misrepresenting takedown notices have contained facts that are arguably ripped from the tabloids, including a bitter dispute between bloggers over the proper method of childbirth, and a kerfuffle arising from the wider publication of the views of a pro-straight pride organization in the U.K.
District Court Refuses to Disrupt Employer's Hiring Decision
August 02, 2015
Discrimination claims based upon an employer's failure to promote or hire remain among the more difficult claims for employees. Employees seeking to demonstrate discriminatory animus must demonstrate both comparable qualifications to the selected candidate and pretext in the decision-making process.
Data Sharing in the Cloud
August 02, 2015
Storing and sharing data "in the cloud" has become, in many instances, a business necessity. The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house.
