Breaches of patient privacy/security are considered the number one risk for liability in the healthcare industry today. Control over patient information in today’s society is becoming ever increasingly difficult with the expanding use of electronic health records, personal health records and social media, plus the advent of Health Information Exchanges. Outsourcing of healthcare operations provides additional risk, especially the enforceability of patient privacy/security law when patient information is sent outside the US. Unfavorable media, government enforcement, class action litigation and identity theft all pose a constant concern to in-house counsel, and vendors themselves are now at greater risk of liability with penalties now imposed on business associates. This panel will provide an overview of the principal federal laws & regulations concerning privacy/security (HIPAA/HITECH/Red Flags), their interaction with select state laws, international laws (EU Data Protection), and practical ways to minimize risk and keep patient information private and secure.
International arbitration is a popular and well-known method of dispute resolution among in-house attorneys. What is not so well known are the tools and tactics needed to create successful resolutions. Read on and find the key facts of international arbitration.
The role of in-house counsel in India is evolving rapidly, and the influence of legal over other departments is also growing. Indian corporate counsel must prepare themselves for compliance in multiple jurisdictions and be aware of the legal and ethical environs of the countries in which they are doing business.
In-house counsel risk losing attorney-client privilege because of technicalities existing in state registration rules. Gucci America, Inc. v. Guess?, Inc. illustrates this scenario — vaguely worded qualifications cost one company its counsel and one employee his career. read this article to learn how and why you might run the risk of losing your privilege.
News, notes, & datebook information for the corporate counselor, May 2007
While a corporate legal department may not be the ideal environment to foster a balance between work and life is it even possible to achieve? Here, the authors look at the obstacles standing in the way of in-house counsel attempting to strike that balance in order to find out if work/life balance is in fact possible to find or if it is merely a myth.
This paper, written by the presenters of Annual Meeting Session 105 - Canada's Anti-Spam Law and How It Affects Your Business, discusses in detail, how to prepare your business for Canada's Anti-Spam Law "CASL".
No matter how severe the injury, willful misconduct is a designation used to encompass behaviors that, if engaged by an employee, can bar a workers’ compensation claim — leading to missed benefits and/or medical treatment. As a result, much of the onus falls on the employer to draft clear policies that establish discerning hiring practices and include regular training. Here’s how to protect your employee, and your company in the process.
Read this 2012 Apex Award-winning article! What personality type is ideal for an in- house attorney? Using the Caliper Profile, the authors evaluated the personality traits of each member of a global legal team. Did the results favor the empathetic and flexible, or the disciplined and focused? Read this article to develop your perfect legal personality.
Declaratory judgment jurisdiction law is not what it used to be. Recent changes have complicated patent license negotiations but this article, which presents viewpoints from both sides of the issue, investigates protective measures that attorneys can take to both minimize risks and maximize chances of benefiting from the newly reformed law.
Corporations are not only responsible for protecting consumer data, but also for safeguarding the medical data of its employees. This could prove difficult considering the spectrum of employee medical records, and the importance of maintaining privacy. Familiarize yourself with the laws and regulations, and ensure your confidence when identifying, managing and distributing such sensitive information.
A license agreement that reflects US antitrust law should be simple and straightforward. Like a well-tailored suit paired with classic pumps, it needs no frills or adornments. This article provides an overview of the primary US antitrust statutes applicable to licensing, and recommends drafting approaches to commonplace competition considerations for license agreements.
While minority and female representation in the legal community has increased in recent years, the numbers are still lagging. But there are several key steps corporate counsel can take to retain, develop, and promote diversity among in-house counsel.
This is a sample letter of agreement between a hotel and company.
The law and technology - a panel interview with four in-house counsel including Chaman Sidhu, David Bushby, Vered Keisar and Luke O’Sullivan.
The ACC Australia Trends Survey examines the practices, trends and changes in the in-house legal profession. ACC Australia has developed this report with the support of our Corporate Alliance Partners.
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