Case Notes
February 25, 2015
PIP Grace Period Doesn't Automatically Save Late Claim An insurance coverage claimant's apparent failure to transmit medical records in a timely fashion ' without a showing that it was impractical to do so ' has resulted in the dismissal on summary judgment of his complaint that benefits were improperly withheld under Delaware's personal injury protection statute, a New Castle County Superior Court judge has ruled. '
<b><i>Online Extra</b></i>$2.5M Verdict Awarded in First Phila. Risperdal Trial
February 24, 2015
A Philadelphia jury on Feb. 24 awarded $2.5 million to the plaintiff in the first of roughly 1,250 Risperdal mass-tort cases in the city's courts.
<b><i>Online Extra</b></i> FTC Stakes Claim As Data Security Cop
February 02, 2015
On the heels of an appellate win, the Federal Trade Commission on Jan. 23 reiterated its power to hold companies liable for data security breaches.
<b><i>Online Extra</b></i> Turning Cybersecurity Into a Serious 'Game of Threats'
February 02, 2015
The last few years have seen some creative new methods of getting businesses engaged in protecting their networks and data. PricewaterhouseCoopers has created a cybersecurity computer game. PwC's 'Game of Threats' walks businesspeople, playing either as a team of nefarious hackers or as a company being attacked, through the important decisions they have to make during a breach, in hopes of giving them a deeper knowledge of cybersecurity and its challenges.
<b><i>Online Extra</b></i> FTC Report on 'Internet of Things' Triggers Strong Dissent
February 02, 2015
Recommending specific steps to enhance consumer privacy and data security, the Federal Trade Commission on Jan. 27 issued a report on the 'Internet of Things'' billions of devices that include everything from fitness monitoring bracelets to home security systems.
Trademark Licensees May Be Able to Have Their (Cup)Cake and Eat It, Too
January 31, 2015
Following a recent line of high-profile and notable decisions that have sought to protect the rights of trademark licensees in a trademark licensor's bankruptcy, the United States Bankruptcy Court for the District of New Jersey has issued a significant decision that, for the first time, extends the protections of Section 365(n) of the Bankruptcy Code, 11 U.S.C. ' 365(n), to trademark licensees on equitable grounds.
The Implied Covenant of Good Faith and Fair Dealing Under U.S. Law
January 31, 2015
When circumstances change, parties to an agreement often find that the agreement does not cover the exact situation they are now facing. Instead, depending on how their contract is interpreted, one of the parties may be able to take advantage of the contractual silence or ambiguity and act in a way that causes detriment to the other.
Cooperatives & Condominiums
January 31, 2015
Did the use of premises by a decedent's daughter constitute unauthorized subletting or assignment? How the court ruled.
When Your Data Goes Viral
January 31, 2015
As discussed in Part One of this article, a data breach can jeopardize a company's confidential information such as client records, trade secrets, privileged legal information, or employee records. The discussion concludes herein.
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.
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