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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 […]

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 […]

Cybercrime and Bankruptcy – Will You Be Caught in the Snare?

While cyber-attacks are nothing new, the recent publicity of the attacks of such prominent companies as JP Morgan Chase, Target, and Home Depot has brought this issue to the headlines.  And with good reason.  While larger companies may be better equipped […]