Tennessee Amends Breach Notification Statute
Written by: Richard Sheinis, Esq. Senate Bill 2005, amending Tennessee’s data breach notification law, was signed by the Governor on March 24, 2016. The new law is effective July 1, 2016. The main changes to the current law (Tennessee Code An
Proportionality and Cost-Shifting Provisions In The New Federal Rules of Civil Procedure
Written by: Sean Cox, Esq. On December 1, 2015, significant changes to the Federal Rules of Civil Procedure went into effect, including two that deal with proportionality and cost-shifting. Typically, there is asymmetry between the amount of di
It Pays to be Ready: HIPAA Phase II Audits Underway Now
Written by: Patrick Powell, Esq. On March 21, 2016, the HHS Office for Civil Rights (“OCR”) officially launched Phase 2 of the HIPAA Audit Program. Covered Entities and Business Associates need to be prepared for these audits and be on th
If This Does Not Convince You Of The Importance Of HIPAA Compliance, Nothing Will
By: Richard Sheinis, Esq. Two medical providers recently paid large settlements to the Department of Health and Human Services’ Office for Civil Rights because of HIPAA violations. Both involved thefts of laptops, an issue I see with some reg
Update on Florida v. Georgia
Written by: Scott Cole The March 8 status conference in Florida v Georgia indicates that the Special Master is growing tired of massive discovery rather than settlement efforts. The parties are still disputing burden of proof issues and rel
New EEOC Lawsuits Seek to Expand Title VII to Protect Sexual Orientation
By Don Benson The EEOC has filed two new cases alleging sex discrimination based on sexual orientation: • In EEOC v. Scott Medical Health Center, P.C., (W.D. Pa., No. 2:16-cv-00225-CB, filed March 1, 2016). The EEOC sued Scott Medical Healt
New EEOC Procedure Suggests Caution In Drafting Position Statements
By Don Benson and Sean Cox The EEOC implements new nation-wide procedures providing that all Charging Parties will be provided a copy of the respondent employer’s statement during the course of the investigation, not just after the inve
Featured Dental Attorney- Jo Jagor
Jo Jagor grew up in a family of dentists and dental providers. She began her medical malpractice defense career specifically defending dentists of all types including general dentists, oral and maxillofacial surgeons, endodontists, periodontists
Georgia State Board of Workers’ Compensation Updates Rules to Define the Role of Nurse Case Managers
Written by: Michael Memberg, Esq. On January 1, 2016, the Georgia State Board of Workers’ Compensation put into effect Board Rule 200.2 to clarify the rights of Employers/Insurers/TPAs to utilize a nurse case manager. Prior to this Rule, ther
Eleventh Circuit Clarifies Standard for Mixed-Motive Discrimination Cases.
Written by: Don Benson and Phil Friduss On February 22, 2016, the Eleventh Circuit Court of Appeals clarified the standard to be used in considering motions for summary judgment in allegations of mixed motive discrimination based on circumsta