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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 […]

New Minimum Wage Rates

As discussed in depth in a prior post, raising the minimum wage has received a considerable amount of attention over the past year.  President Obama signed an Executive Order requiring employers with federal contracts to pay those employees at least […]

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 […]

Fast food non-compete agreements?

Fast food is very secretive.  Colonel Sanders Kentucky Fried Chicken has eleven secret herbs and spices.  Bakers have attempted to reverse engineer Mrs. Fields Chocolate Chip Cookie recipe, but it remains a closely held secret.  Coca Cola has had […]

Richard L. Hathaway

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 […]