HHS Issues Guidance on Disposing of Electronic Devices and Media with Personal Data
Written by: Anthony E. Stewart, Esq. The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued guidance for disposing of technology that contains sensitive information, such as financial or protected health i
Georgia Court of Appeals Makes First Foray Into Standing in Data Breach Suits
Written by: Sean Cox, Esq. On June 26, 2017, the Georgia Court of Appeals issued an opinion in Collins, et al. v. Athens Orthopedic Clinic, A18A0296. This is the first Georgia appellate decision squarely addressing the issue of standing in a
11th Circuit Approves Exceedingly Short Trigger for Bad Faith in Florida
Written by: Drew Brooks, Esq. and C. Michael Johnson, Esq. On July 20, 2018, the 11th Circuit affirmed a jury verdict against Geico finding there was “more than enough” evidence to support a finding of bad faith in failing to promptly ten
OCR Issues Guidance on Software Vulnerabilities and Patching
Written by: Anthony E. Stewart, Esq. Last month, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) provided guidance regarding software vulnerabilities and patching. In simple terms, a software vulnerability is a
Harleysville Grp. Ins. v. Heritage Communities, Inc.
Written by: Alan Belcher, Esq. Throughout the country, insurance carriers are tasked with balancing their duties to their insured with the principals of corporate stewardship. For certain, Insurance companies are required to govern their relati
National Commission on Correctional Health Care (NCCHC) Mental Healthcare Conference
Hall Booth Smith, P.C., was a participant at the recent National Commission on Correctional Health Care (NCCHC) Mental Healthcare Conference in Hollywood, California, on July 15-16, 2018. Partner and Correctional Healthcare Practice Group team m
Georgia’s New Power of Attorney Statute — Significant Changes: the Good, the Bad, and the Scary!
By: Wills, Trusts, & Estate Administration Any estate planning attorney will tell you there are 3 basic components of every estate plan: (i) a valid Last Will & Testament or alternatively a Living Trust, (ii) a Health Directive and (iii)
Wave of “GDPR like” Data Privacy Legislation continues with California’s Sweeping New Data Privacy Law
Written by: Richard Sheinis, Esq. On June 28, 2018 California legislators enacted the California Consumer Privacy Act of 2018, granting new protections for consumers’ online data. The law does not take effect until January 1, 2020. It can sti
Florida Court Reaffirms Tests For Exception to Workers’ Compensation Immunity
Written by: Rayford Taylor, Esq. Analysis Plaintiffs seeking damages from employers or co-employees allegedly arising from the negligence in a workplace accident must properly plead and prove facts which support intentional or grossly negligent
In re: North Carolina Swine Farm Nuisance Litigation: Be Careful When Betting the Farm on the Right to Farm Act
Written by: Joel McKie, Esq. and JD Howard, Esq. A North Carolina jury just dealt a major blow to a farmer and potentially to farmers across the nation this past April. Jurors awarded ten landowners near a hog farm over $50 million in damages.