Legal Articles

New HIPAA Rules Raise the Stakes for Employers

March 7, 2013 – 105 views

If your business sponsors a self-insured or fully insured HIPAA-covered group health plan (including medical, dental, vision, long-term care, and employee assistance programs), your duties under HIPAA (Health Insurance Portability and Accountability Act) and exposure to liability just increased significantly. On January 17, the Department of Health and Human Services issued the final rule implementing the 2009 HITECH act which significantly upgraded... Full Story 

Bad Faith Claims

March 7, 2013 – 89 views

The role of the insurance policies is to protect individuals or companies against losses. But sometimes, an insurance firm, for no specific reason, might deny the claim to the claimant. Such a situation, where the insurer does not uphold the rules in the contract and fails to make the claim settlement, results in bad faith insurance... Full Story 

FMLA Service Member Requirements Expanded

March 1, 2013 – 99 views

On February 6, the U.S. Department of Labor (DOL) published a final rule that amended the Family and Medical Leave Act (FMLA) regulations addressing the coverage of military caregiver and exigency leaves. The changes go into effect on March 8, 2013 and impact the recordkeeping, definitions and leave requirements for the FMLA provisions of leave for service members and their families. The highlights of the final rules are as follows:... Full Story 

Facebook Friends Set Groundwork for Defensible Termination of FMLA Abuser

February 25, 2013 – 119 views

Most of us are familiar with the perpetual Facebook question, “What’s on your mind?” and its invitation for you to “Check In” and let the world know where you are. In a recent case, a registered nurse answered Facebook’s call – and found herself terminated for FMLA abuse and dishonesty... Full Story 

Understanding and Complying With Disclosures under Rule 26(A)

February 18, 2013 – 146 views

Rule 26(A) of the Federal Laws of legal proceedings deals with required disclosure of evidence and electronic information. It outlines the duty of parties involved in legal proceedings to disclose any and all information related to the case in question. The first part of this rule deals with initial disclosures. It mentions what details MUST be disclosed by parties involved, and also speaks about the pardonable exceptions. These documents and files are disclosed as a way of benchmarking data against the opposing party or parties... Full Story 

FMLA Amended For Airline Flight Crews

February 13, 2013 – 157 views

The Department of Labor (DOL) issued a statement regarding expanded protection to military families. Hidden in the discussion of military families and DOL’s commitment to those who serve was a single statement about added regulations to the Family Medical Leave Act for airline flight crew employees... Full Story 

Cross-examination Preparation and Techniques

February 12, 2013 – 139 views

Being able to effectively cross-examine witnesses on the stand can mean the difference between winning and losing a case. A proper cross examination can be an art, and it has to be meticulously planned and executed to handle the case better... Full Story 

The Commandments of Ethical Settlement Negotiations for Lawyers

February 8, 2013 – 149 views

Most civil disputes have a tendency to end in settlements. So if a lawyer is a litigator, he will also bear the responsibility of negotiating the settlement. Although the goal of any settlement is to arrive at the best possible outcome for the client, there are certain rules that the attorney is supposed to understand and follow. These rules are put in place to protect the client’s best interest, as well as the attorney’s reputation and good standing in the bar... Full Story