Monthly Archives: August 2013

Is Rule 30(b)(6) A Plaintiff’s Best Friend?

Rule 30(b)(6) of the Federal Rules of Civil Procedure provides an efficient means of identifying the corporate representative with the most relevant knowledge concerning particular subjects at issue in a case. When a requesting party cannot identify the appropriate corporate witness to testify about particular activities or documents, Rule 30(b)(6) can be an invaluable tool.

The corporate deposition may be fraught with risk, however, especially in a case involving skillful plaintiff counsel. This is particularly the case where testimony of the corporate representative may have importance in future or parallel litigation. Thus, If Rule 30(b)(6) is plaintiff’s counsel’s best friend, it is imperative that the corporate witness be properly prepared in the first instance. In a program titled, “Preparing the Corporate Witness,” which was presented to the attendees at the IADC’s 2013 Annual Meeting, Kay Barnes Baxter of Swetman Baxter Massenburg, LLC, Elizabeth Haecker Ryan of Coats Rose, and Terrence M.R. Zic of Whiteford Taylor Preston LLC provided an excellent overview of potential Rule 30(b)(6) pitfalls and how good preparation may help avoid them.

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“Canning the Spam” – The FTC on Mobile Spamming

Spamming has taken a new form in this era of mobile phones and text messaging.  In addition to fighting the clutter in our e-mail inboxes, we are also faced with clutter on our cell phones.  In the words of the FTC, text message spam is a “triple threat.”  First, mobile spam often uses the promise of free gifts or product offers to get you to reveal personal information such as bank account, credit card, or Social Security information.  Alternatively, clicking on a link in a text message can lead to the installation of malware that collects information on your phone and sends it to a third party.  Second, the spam can lead to unwanted charges on your cell phone bill. Third, these unsolicited messages can slow your cell phone’s performance.

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SRDP Settlement: Improper EHR Donation Arrangement Among Violations

Last month CMS settled several violations of the self-referral statute (aka Stark Law) with an Ohio hospital, including a failure to appropriately structure a donation arrangement for electronic health records (EHR) .  The hospital disclosed under the Self-Referral Disclosure Protocol that it may have violated the Stark Law with regard to several arrangements with certain physicians, […]

For more information please visit www.omwhealthlaw.com or click on the headline above.

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Michael Kun quoted regarding California wage-hour class actions

Michael Kun, chair of EBG’s wage-hour practice group, was recently quoted by California Lawyer magazine regarding the impact of the California Supreme Court’s decision in Brinker v. Superior Court on California wage-hour class actions.

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Coat-tail Branding – Clever or Icky?

It’s a little known fact that I happen to have dual citizenship with the US and the UK. So it was with great excitement that I awaited the birth of the royal prince a couple of weeks ago – not enough excitement that I would have camped outside the Lindo Wing, but enough to stick on the BBC online once news of his Royal Highness’s birth was confirmed. 

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ILN Today Post

Harrison & Moberly’s Associate Selected for Class XI of the IndyBar Bar Leader Series

Jennifer L. Strange, an Associate Attorney in the firm’s Health Law Group, was selected for participation in the eleventh class of the IndyBar Bar Leader Series.  H&M congratulates Ms. Strange on this accomplishment.

Open to attorneys in their third to tenth year of practice, the Bar Leader Series develops lawyers for future opportunities in leadership roles in the business and legal communities. Through the Bar Leader Series, participants learn what it means to be a leader, gain insight vital to leaders in the community and learn how to communicate, motivate, inspire and succeed not only in the law, but also in service to professional, political, judicial, civic and community organizations.  More…

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ILN Today Post

#Consent: What Marketers Should Consider When Using Hashtags in Campaigns

Although the NCAA might not want hashtags painted on football fields, hashtags are becoming one of the most common tools by which marketers engage with consumers. As consumers continue to share more content and images of themselves as part of their social media conversations through applications such as Instagram, Twit Pic, and Vine, among others, marketers are using hashtags more often to pull this content into their
marketing initiatives. For example, a marketer will provide a call to action, soliciting users to Tweet or send Instagram photos of themselves to a designated hashtag. When users Tweet to the hashtag, the marketer treats these responses as implied consent to use this content in its marketing. More…

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SAM A. MAWN-MAHLAU JUDGES HULT PRIZE MOCK PITCH

On Friday, August 9, 2013, Sam A. Mawn-Mahlau served on a panel and judged mock pitches from six start-ups competing for The Hult Prize, a start-up accelerator for social entrepreneurship. In partnership with the Clinton Global Initiative, this event was hosted by TiE-Boston to help prepare the students for a competition next month, when they will pitch their ideas to President Bill Clinton at the annual Clinton Global Initiative annual meeting in New York. The winning student team and their new start-up will receive $1 million to launch their new social enterprise. This year’s challenge – the Global Food Crisis – was personally selected by President Clinton, and the six competing teams will present ideas such as growing, processing, and selling edible insects; solving food insecurity with new approaches to growing nutritious produce; and disrupting distribution systems and transforming supply chains.

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SAM A. MAWN-MAHLAU TO JUDGE HULT PRIZE MOCK PITCH

On Friday, August 9, 2013, Sam A. Mawn-Mahlau will serve on a panel and judge mock pitches from six start-ups competing for The Hult Prize, a start-up accelerator for social entrepreneurship. In partnership with the Clinton Global Initiative, this event is being hosted by TiE-Boston to help prepare the students for a competition next month, when they will pitch their ideas to President Bill Clinton at the annual Clinton Global Initiative annual meeting in New York. The winning student team and their new start-up will receive $1 million to launch their new social enterprise. This year’s challenge – the Global Food Crisis – was personally selected by President Clinton, and the six competing teams will present ideas such as growing, processing, and selling edible insects; solving food insecurity with new approaches to growing nutritious produce; and disrupting distribution systems and transforming supply chains.

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Healthcare Alert: New legislation proposes to eliminate Stark law exception for certain services including anatomic pathology

On August 1, 2013, Representative Jackie Speier (D-CA-14) introduced the Promoting Integrity in Medicare Act of 2013 (H.R. 2914) that proposes to remove anatomic pathology, along with other services including advanced diagnostic imaging, radiation therapy and physical therapy, from the In-Office Ancillary Services Exception to the Stark law. The legislation does not include any grandfathering or exceptions. Thus, it appears that the legislation, if passed, will put an end to the in-sourcing of anatomic pathology by referring physicians. The legislation also directs the government to scrutinize these services more carefully with prepayment reviews, claims audits, focused medical review, and computer algorithms designed specifically to identify payment or billing anomalies.

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