What Should I Do When?
What Should I Do When… A Question Arises Concerning the Privacy Implications of Electronic Medical Records?
Anyone who has seen a physician recently for an ailment or checkup is likely familiar with the medical industry’s recent movement towards Electronic Medical Records (“EMRs”) facilitated by the use of portable notebook computers and iPads in the exam rooms, and at the nurse’s station. Befitting a wireless recordkeeping system in the modern era is [...]
What Should I Do When… There is Suspicion of Child Abuse?
The recent events at Penn State have placed child sexual abuse in the news, and raised concerns around the country about an adult’s obligation to report suspected abuse to authorities. Moral questions aside, what is an adult obligated to do legally when faced with suspicion the abuse is occurring? In Louisiana, the Children’s Code defines [...]
What Should I Do When… My Employees Are Owed Overtime – And I Didn’t Even Know It?
With the advent of online filing at the Louisiana Secretary of State’s office, it seems that many business owners are eager to create layers upon layers of limited liability companies. Until the last ten to fifteen years, a single company name with an Inc.” on the end was good enough and business owners generally stuck [...]
What Should I Do When…. Privileged Information is Inadvertently Disclosed to Opposing Counsel – Part Deux
In this column three years ago, your author discussed the notion of what to do when privileged information is inadvertently disclosed to a third party. Inadvertent disclosure opens a labyrinth of issues, the proverbial “can of worms,” and unanswered questions abound concerning what to do with the information, when to act and whom should be [...]
What Should I Do When… A “Settlement” Does Not Exactly Resolve A Case in It’s Entirety?
It is no secret among risk managers, claims professionals and litigating attorneys that most lawsuits today are extinguished through amicable resolution as opposed to trial. Reasons abound for this fact of modern litigation, including (1) risk elimination, (2) cost and fee savings, and (3) certainty and expediency of payment. This is not at all to [...]
What Should I Do When… Plaintiff’s Medical Care is Unreasonable and Unnecessary?
On certain streets of New York, Chicago and other metropolitan areas of the United States, “shell games” are popular. The premise behind the game, of course, is for the “mark” to bet under which of three bottle caps, plastic cups, etc. a soft round ball is placed once the caps or cups have been shuffled. [...]
What Should I Do When…Juror Bias Has Tainted a Verdict
The Fifth Amendment to the United States Constitution is often referred to as the “Due Process Clause” for its prohibition of depriving any person of “life, liberty, or property, without due process of law…” Of course, the Fifth Amendment applies to companies, as well as individuals, and both groups are certainly protected both inside and [...]
What Should I Do When…My Employees Have Abused Company Cell Phone Privileges, Particularly with Inappropriate or Explicit Text Messages?
In the last edition of For The Record, we devoted the cover story to discussing the legal problems behind employees using company-issued cell phones while driving. It is a serious problem that can lead to catastrophic personal injuries or even death, not to mention substantial legal liabilities that may or may not be covered by [...]
What Should I Do When…A Departing Employee Copies Files from My Server?
Leave your badge and keys on your desk, a guard will escort you out. But before you go, feel free to help yourself to our server? As sure as death and taxes, employees will come and go. Sometimes, resignations and reductions in force are driven by family or economic factors. Other times, terminations are necessary [...]
My Opponent’s Witness Preparation Turned into Woodshedding?
What Should I Do When… Litigation has been defined as the process of resolving public and private disputes with the help of the courts. There is a difference, of course, between disputes that remain civil and disputes that turn acrimonious. One fact, however, remains constant regardless of the amount at issue or which side of [...]