Lane Powell PC

Compensating “Disgust”: Psychoanalyzing Emotional Distress Claims Involving Food Products

You’re a sheriff’s deputy and you’re hungry. You stop at the local Burger King drive-thru and order a Whopper with cheese. You often eat five meals a day—frequently at fast food restaurants—because you work night shifts. Yet,…more
| Civil Procedure, Civil Remedies, Personal Injury, Products Liability

ERISA — 9th Circuit: Plaintiffs Can Now Simultaneously Bring Benefit Payment and Equitable Claims

Lane Powell attorney Mike Baylous writes an excellent summary here on big changes to ERISA in the 9th Circuit. Remember that old argument that equitable claims should be dismissed because they are duplicative?…more
| Civil Procedure, Civil Remedies, Finance & Banking, Labor & Employment Law

Safe or Good? We All Have Choices to Make

I planned to write about the inspired, better-than-sliced-bread security option of using fingerprint authentication to protect our mobile devices. That imploded. In 2014, and earlier this year, courts in Virginia and California,…more
| Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

ERISA: Reviewing What Needs to Be Proved to Establish the Suicide Exclusion

For many reasons, some of the toughest cases to litigate involve the application of the suicide exclusion. There is a growing body of evidence challenging suicide exclusion determinations…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Insurance, Labor & Employment Law

An Addendum to the Scariest Hack So Far

Andy Johnson-Laird, President of Johnson-Laird, Inc., was kind enough to offer advice on three security techniques he recommends to detect and deny hackers, such as those we discussed in last week’s blog post…more
| Criminal Law, Privacy, Science, Computers, & Technology

The Defend Trade Secrets Act: A Powerful Tool for Protecting ‘Secret Sauce’ Comes With Affirmative Obligations

On May 11, President Obama signed the Defend Trade Secrets Act (DTSA) into law, which was passed as part of a bipartisan effort in the House and Senate. The new law, which is an amendment to the DTSA first enacted in 2012,…more
| Civil Procedure, Civil Remedies, Elections & Politics, Intellectual Property, Labor & Employment Law

ERISA (6th Circuit): Mental Nervous Limitations and Dealing with Arguments of “Organic Cause”

You know that most ERISA disability plans contain a 24-month limitation related to mental/nervous disabilities. But what happens when the claimant alleges the mental illness is “organically caused”? Is that enough to…more
| Health, Labor & Employment Law

Navigating Environmental Regulations: Tips for Staying in Compliance

Our state’s ever-changing regulatory environment makes it hard to stay on the right side of the law. Here are some simple steps to help keep your business in compliance: 1. Ignorance Is Not Bliss. Take time to research…more
| Business Organizations, Environmental Law

The Scariest Hack So Far

Hackers have upped the ante. Data controllers wax fondly about the good old days when data was outright stolen. Back then, in 2013, there was a sense of fair play. Trolls did troll things. Assuming the victim implemented and…more
| Commercial Law & Contracts, Criminal Law, Privacy, Intellectual Property, Science, Computers, & Technology

Increased Ransomware Attacks and Phase 2 HIPAA Audits: Two Closely-Related Issues for Long Term Care Providers

Long Term Care Provider Data Targeted and Held Hostage by Malicious Software - Long Term Care (LTC) facilities are increasingly targeted by criminals who seek to profit by infecting LTC computer systems with ransomware. …more
| Health, Privacy, Securities Law

5 Wishes for Securities Litigation Defense

I am committed to helping shape a system for securities litigation defense that helps directors and officers get through securities litigation safely and efficiently, without losing their serenity or dignity, or facing any real…more
| Business Organizations, Business Torts, Civil Procedure, Securities Law

What Constitutes “Reasonable Efforts” to Inform Plan Participants of Plan Amendments, Which Include a Forum Selection Clause?

You know that many Plans have forum selection clauses. Are they enforceable? YES When a Plan participant claims they “did not know of a plan amendment,” how do you prove the Participant received notice of the amendment? A…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Expectations of Privacy: Location Matters

Sometimes law enforcement needs a warrant to access cellphone data, sometimes a court order. Sometimes nothing is required. Roaming while you roam. Depending on where you use your cell phone, law enforcement may obtain…more
| Criminal Law, Privacy, Science, Computers, & Technology

Foundation for the Lost Boys and Girls of Sudan v. Alcon Entertainment (N.D. Georgia, March 23, 2016)

Rarely does one think of copyright issues surrounding how research is conducted for feature films that are based on real life events, but 54 Sudanese refugees are forging that new connection between research and copyright in one…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property

ERISA (9th Circuit): Denial Letters — Sometimes Forgotten Arguments to Enforce Contractual Limitations Provisions

Must denial letters inform the claimant, seeking ERISA-governed benefits, about the contractual limitations provision? A recent court trend, like with the First, Third and Sixth Circuits, requires denial letters to inform…more
| Commercial Law & Contracts, Insurance, Labor & Employment Law
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