WebA recent Washington Post article examined the issue of patient privacy complaints after medical providers responded to negative Yelp® reviews about medical care. The issue of how a professional can (or should) respond to negative online reviews is not limited to physicians or medical facilities. While attorneys are not subject to HIPAA, they are all well aware that attorney-client communications are privileged and confidential and only the client can waive that privilege.
Continue Reading Negative Online Reviews: The Best Defense

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Consider this scenario: A young couple entrusts you, an experienced real estate attorney, to assist them in the purchase of their first home. Days before closing, your unsecured email account gets hacked and your client receives an email, which to all appearances is from you, telling them to wire funds to a third-party account instead of bringing the cash to closing. You only find out about “your” email to your client after the transfer has been made and your clients’ savings, accumulated over many years, is gone. What exactly do you think you can say to your clients to make it better?
Continue Reading The Proof Is in the Password!

The Patient Protection and Affordable Care Act (ACA), a/k/a Obamacare, was drafted to make health care and health insurance more affordable and more available to more Americans as well as to relieve some of the burden on Medicaid. However, the ACA also may have an impact on personal injury litigation. In particular, this legislation may serve to reduce awards for the cost of future medical care, while preventing plaintiffs from obtaining a double recovery as they do often today, consisting of an award of the predicted costs of future care and the benefits of ongoing health insurance that is often available for that care.
Continue Reading Obamacare in the Courtroom: In the Matter of Double Recovery

iStock_000074015155_LargeWilson Elser’s Cyber Incident Response Team has seen an alarming uptick in cyber-criminal activity targeted at professional services firms, particularly accounting firms. As described in more detail below, the criminal activity follows a very specific pattern. We take this opportunity to remind all professionals of the need to be wary and skeptical of what communications they receive electronically. Consider starting the New Year with training and education for yourself as well as your partners, staff and employees on cyber risk and how to best avoid an attack and mitigate any damages if an attack occurs. In the past three months, we have noticed a pattern of activity targeted at small to midsize professional services firms. Attackers attempt to gain access to computer systems containing sensitive financial information, which may result in a legal duty on the part of the professional to notify their clients that their confidential information was or may have been exposed.
Continue Reading Rise in Cyberattacks on Professional Services Firms

The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video. These cases have placed increasing pressure on local police departments, which continue to struggle with balancing the public interest in community safety against the individual rights of suspects on the street. At the highest level of the legal landscape, however, the United States Supreme Court recently issued a decision that arguably expands the qualified immunity defense, at least in certain kinds of deadly force cases.
Continue Reading Qualified Immunity and Deadly Car Chases: Is the Pendulum Heading the Other Way?