The Inevitable Data Breach:
Pray for Peace, Prepare for War

Home Depot is facing nearly 50 claims for liability arising out of a breach in their data systems, about which it had been warned. This time last year, Target had been vulnerable to security breaches.

Data breaches will happen. Businesses can and must plan for them so that they can react appropriately. But make no mistake. They will happen.

John T. Holden, a shareholder located in Charlotte, North Carolina, focuses his practice on cyber and data breach litigation. His experience in dealing with company security breaches guided him in composing this article on what companies need to do to prepare for the inevitable.

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On March 25, the Definition of "Spouse" Changes

The Department of Labor (DOL) announces that same-sex spouses will be covered under the Family Medical Leave Act (FMLA) regardless of where they reside.

In response to a 2013 Supreme Court decision which struck down the Defense of Marriage Act as unconstitutional, the DOL has issued its final rule revising the definition of spouse under the FMLA. The Department proposed to change the definition of spouse to ensure that all legally married couples, including same sex couples, will have consistent federal family leave rights regardless of where they live.

Effective March 27, 2015, a spouse, for the purposes of the FMLA, means “the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State.

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Bad Faith

Medicare Referral Form

Are Statutory Bad Faith Claims Assignable in the Context of Third Party Tort Claims?

In the December 2014 issue of Claims Management magazine, Dickie McCamey attorneys addressed the question, “Are Statutory Bad Faith Claims Assignable in the Context of Third Party Tort Claims?”

J. David Ziegler, Esq. and Robert J. Marino, Esq. detail the positions presented to the Pennsylvania Supreme Court to this question in Wolfe v. Allstate Insurance, which was asked to decide the issue of assignability.

The Third Circuit’s desire to clarify the differences between tort and contract claims is not unique to Wolfe or the traditional insurance industry. Attorney W. Alan Torrance, Jr. illustrates this point through Reginella Construction Company, Ltd. v. Travelers Cas. and Sur. Company (July 2014).

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Medicare:  the “M” word that can instill confusion and raise questions for those unfamiliar with the laws and regulations governing Medicare compliance.

How do I protect myself and my company from fines and penalties Medicare may impose?

What do I need to do to make sure I am protecting Medicare’s future and present interest on this case?

Do I have the right mechanisms in place to ensure that we are Medicare compliant?

Are we properly reporting claims to Medicare?

Where do I go for help … the right kind of help?

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