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Professional Malpractice Privacy

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ABA Issues New Guidance on Safeguarding Electronic Communications

by Holland & Knight LLP on

In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...more

Florida Supreme Court Rulings Affecting Health Care Providers

by Wilson Elser on

It is well established that Florida physicians are required to report any adverse incident that occurs in their office to the Department of Health. Discovery of these reports is a patient’s constitutional right under Article...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

by Hinshaw & Culbertson LLP on

Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's...more

Don’t Let New Technology Cloud Your Legal Judgment

Law firms are slowly but steadily moving to the cloud. According to an American Bar Association report, 37.5% of lawyers reported the use of web-based software services or solutions in 2016, up from 31% in 2015, and 30% in...more

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the...more

Washington Supreme Court Expands Physicians’ Duty to Third Parties

by Cozen O'Connor on

Most states have laws either requiring or permitting mental health professionals to disclose information about patients who may become violent. These voluntary or mandatory reporting laws require a balancing of the...more

Patient Records Requests: What You Need to Know

by Reminger Co., LPA on

Our guest on Healthcare Matters is Richard J. Rymond, an attorney at Reminger Co., LPA, who specializes in in medical, dental and other forms of professional, commercial and general liability. He is the Dental Liability...more

The Panama Papers Make ‘Share Everything’ Security Policies a Thing of the Past

by Prosperoware on

The breach of the Panamanian law firm, Mossack Fonseca, two weeks ago and the ensuing leak of 11.5 million documents — 2.6 terabytes of data — to the press revealed in extraordinary detail how offshore bank accounts and tax...more

Businesses can refuse Subject Access Requests made for the dominant purpose of litigation

by White & Case LLP on

The High Court has ruled that a business that receives a Subject Access Request ("SAR") can refuse to disclose the requested information in some cases, if the dominant purpose of the SAR is litigation. This appears to mark a...more

Did You Search Your Jurors’ Social Media? There Are Rules

by Reed Smith on

If you represented a large corporation or a wealthy individual, wouldn’t you want to know if your prospective jurors were campaigning for Bernie Sanders on Facebook? Or how about criminal prosecutors who might want to know if...more

Health Alert (Australia) August 1, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Victoria 27 July 2016 - Hamm v South Gippsland SC [2016] VCAT 1253 - South Gippsland Shire Council issued a...more

What Attorneys Can Learn from History’s Largest Data Breach

by Wilson Elser on

On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. (MF) had made their way to an international organization, the...more

The Proof Is in the Password!

by Wilson Elser on

Consider this scenario: A young couple entrusts you, an experienced real estate attorney, to assist them in the purchase of their first home. Days before closing, your unsecured email account gets hacked and your client...more

Cybersecurity: You can't afford to ignore it anymore

by Dentons on

In late March, newspapers confirmed that a Russian hacker named "Oleras" targeted 48 law firms (most of which are Am Law 100 firms). Oleras planned to hack these firms to secure confidential and highly valuable insider...more

AOL, Dropbox and the Big “uh-oh”

A New York couple brought suit against their former law firm because it used an America Online account to transact firm business. If you are my age you probably remember that AOL and “You’ve got mail!” were the future—back...more

Health Alert (Australia) - April 11, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia 11 April 2016 - Inquest into the death of Roswitha Maria Osang Mrs Osang presented to the Tanunda...more

Health Alert (Australia) - February 15, 2016

by DLA Piper on

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments JUDGMENTS Western Australia 8 February 2016 - Martin V Minister for Health [2016] WADC 15 Mr Martin...more

When do healthcare defendants want to be accused of malpractice?

Most injury or wrongful death cases against hospitals, health care facilities, and health care practitioners are governed by the procedures in Fla. Stat. 766, also known as the Medical Malpractice Act. This Act itself is...more

Colorado Ethics Committee Issues New Guidance On The Use Of Social Media For Investigative Purposes

The Colorado Bar Association Ethics Committee recently clarified the ethical boundaries associated with attorney use of social media for litigation. Formal Opinion 127 (Opinion), issued in September 2015, addresses certain...more

Selling Cyber Insurance to Professional Services Firms

From the 2015 PLUS Cyber Liability Symposium session “How to Sell Cyber Insurance to Different Industries,” Mickey Estey of RT Specialty and Michael Lamprecht of BigData Insure, LLC discuss cyber exposures for professional...more

Rod Beckstrom Discusses Cyber Security and Metasploit

From the 2015 PLUS Cyber Liability Symposium luncheon keynote “Preparing for Cyber Armageddon: What are the Threats and How Can Your Company Protect Itself?,” Rod Beckstrom of the Beckstrom Group looks at some of the...more

The Internet of Things and Cyber Risk

From the 2015 PLUS Cyber Liability Symposium (#PLUScyber), Kirstin Simonson of Travelers visits the PLUS Media Zone to discuss the internet of things and related, emerging risks....more

Emerging Cyber Liability Risks

Laurie Kamaiko, partner at Locke Lord in New York and panelist for the #PLUScyber session “Emerging Cyber Risks: Terrorism, Crime & Ransomware” joins us in the Media Zone to discuss emerging risks and whether or not current...more

Is the Cyber Insurance Market Sustainable?

Sarah Stephens had a busy morning at last week's sold-out #PLUScyber, moderating our discussion with Brian Krebs, participating in our Hot Topics panel, then visiting the PLUS Media Zone to answer a few questions. She even...more

Selling Cyber Insurance: Key Considerations

From the 2015 PLUS Cyber Liability Symposium session “How to Sell Cyber Insurance to Different Industries,” moderator Mickey Estey of RT Specialty visits the PLUS Media Zone to discuss the cyber exposures faced by different...more

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