News
The Exception to Arbitrating Employee Injury Disputes - ERISA Claims
Arbitration provisions are a common benefit for non-subscribers and will typically be upheld in regards to claims such as negligence or premise liability. However, they are generally found invalid with regard to claims for wrongful denial of benefits […]
Are Non-Disparagement Clauses a Good Idea?
For example, a New York dentist required all of her patients to sign a confidentiality agreement precluding the patients from posting comments about the dentist or her practice and assigning her the all copyrights in those comments. On its face this […]
Truth Really is Stranger Than Fiction
I have to wonder though. How did North Korea orchestrate such an attack in the first place? Are we now in an era where there are no secrets? No privacy? No cause for anticipation? No surprises except of course for these attacks? How, for […]
Your Business in the Age of Identity Theft and Individual Causes of Action
When your personal data is the subject of a hack attack, what are your rights? The US Supreme Court is considering this very issue in a case before it. On the block is the issue of whether an individual, who may not have suffered any actual harm, […]
Actual Compliance with HIPAA is a Must
The U.S. Department of Health and Human Services, Office for Civil Rights (HHS-OCR), has recently entered into another HIPAA settlement, emphasizing yet again the government's focus on the HIPAA Security Rule. The settlement highlights that health […]
From the Sublime to the Ridiculous
These and other such issues came home in a very real way earlier this month when thousands of devices used to take credit card payments ceased to work. The problem was no hacker or third-world government group bent on harming the US economy during […]
Physicians Are Wary of Bad Reviews
The Wall Street Journal published an interesting article titled Doctors Check Online Ratings From Patients and Make Change- Many physicians are wary of bad reviews from disgruntled patients. The article discusses how doctors are handling online reviews […]
Password Protection: Your First Line of Defense
The media has been aflutter over the past few months about the importance of basic protective measures that technology users should implement on their electronic devices. Recent headlines have revealed serious invasions of privacy—including leaked […]
Physician Training Should Include Liberal Arts
But we have to give promising young students a reason to begin the long and arduous road required by the medical profession. Here's an article introducing the new Dell Medical School at UT Austin. I am proud to be quoted regarding the importance of […]
Westlaw Suffers Security Breach
Late last week, the legal research service Westlaw announced that it had suffered a security breach. In response to the breach, Westlaw required its users to reset their passwords by telephone; users could not reset their passwords online. Many companies […]
Hurdles to Bringing a Defamation Suit for an Online Review
First, a website that publishes a negative or untruthful online review is generally protected from liability under Section 23 of the Federal Communication Decency Act. The protections under this statute apply when the internet service provider merely […]