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Corporate Counsel

Medical Supply Giant to Pay $3.5M in Settlement for Five Separate Data Breaches

Fresenius Medical Care North America, a large provider of products and services to people with chronic kidney failure, has agreed to pay $3.5 million to the federal government after separate data breaches at five of its facilities in 2012.
3 minute read

The Legal Intelligencer

'Things Just Couldn't Be the Same' After the 'Lynyrd Skynyrd' Spoliation Decision

Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?
8 minute read

The Legal Intelligencer

The Complex Calculus of Agreement Among Appellate Judges

Although trial judges occupy the lowest rung on the ladder of judicial review, in many respects trial judges may be most powerful type of judge, even more powerful than appellate judges located higher up on that very same ladder.
6 minute read

New York Law Journal

What's Next for Marijuana Legalization in NY? Lawyers Tell Us

Dozens of lawyers and lobbyists had a role in bringing a legal marijuana industry to New York state. The law firms and lobby shops that were involved in and pushed the rise of medical marijuana are now gearing up for the next frontier: a recreational scheme.
12 minute read

Daily Business Review

Doctors Concerned Florida Opioids Bills Would Go Too Far

Legislation aimed at fighting opioid abuse in Florida has raised concerns among doctors over provisions to impose limits as short as three days for prescriptions of the potentially addictive painkillers.
4 minute read

The Legal Intelligencer

Beware: Texts and Wearable Data Must Be Preserved, Too

Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.
8 minute read

The Legal Intelligencer

No Health Care Merger Too Small for the FTC to Take an Antitrust Look

In our November and December 2016 articles, we discussed the Federal Trade Commission's proclivity to challenge health care mergers, even when the purported anticompetitive effects of the relatively economically limited merger would be confined to a local geographic region.
8 minute read

New Jersey Law Journal

Time For Some Traffic Problems

Town-by-town exclusion of rush hour traffic is a recipe for chaos. New Jersey parochialism will lead every town to shield itself by pushing unwanted commuters onto its neighbors.
3 minute read

New Jersey Law Journal

Cannabis Banking Issues: All Cash and No Flash

Marijuana related businesses face staggering safety, security and operational issues.
9 minute read

The Legal Intelligencer

Possession, Custody or Control: A Perennial Question Gets More Complicated

The perennial question of “possession, custody or control” may become more complicated in light of the U.S. Supreme Court recently granting certiorari in the landmark case of In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft. Companies will need to watch for this decision and its potential impact on discovery and information governance when data crosses borders.
9 minute read

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