Monthly Archives: February 2014

Data Privacy Alert: Class action puts bulls eye on Target’s directors and officers

As if the executives at Target did not have enough to worry about, Target shareholders recently filed a shareholder derivative lawsuit against 14 of Target’s directors and officers. The complaint is the second shareholder derivative suit filed against these officers and directors.

Plaintiffs allege four counts against the directors and officers: Breach of Fiduciary Duty; Gross Mismanagement; Waste of Corporate Assets; and Abuse of Control. 

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Rubbish

From time to time there are stories of cleaners mistakenly clearing and throwing out modern art work.  One would have to be particularly dedicated to modern art, and po-faced, (or the artist!) not to snigger.
The latest report comes from Bari in Italy where a cleaner has thrown out a work by Sala Murat.  Given that the work is described as “newspaper and cardboard and cookie pieces scattered across the floor”, it sounds like a cleaner-magnet.  Apparently it is valued at €10,000.
The apologetic cleaning firm, which presumably wants to maintain its relationship with the gallery, has said that its insurance would cover the matter.  I wonder if that is right.  If I were acting for the insurers, I would require the insured to defend any claim by the gallery on the basis that the loss was caused by its negligence.  It should have anticipated the potential loss and left a sign for the cleaners saying “Not to be removed”. Normally such a sign might say “Not rubbish”, but perhaps that wouldn’t be true in this case.
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High Number of HIPAA Mobile Device Breaches – Time to Use Safe Harbor Encryption

Most breaches of electronic protected health information (ePHI) reported to the Department of Health and Human Services (HHS) have related to the theft or loss of unencrypted mobile devices. These breaches can lead to potentially hefty civil fines, costly settlements and negative publicity (e.g. Stanford and Idaho laptops or APDerm thumb drive). Given the increasing […]
The post High Number of HIPAA Mobile Device Breaches – Time to Use Safe Harbor Encryption appeared first on OMW Health Law.

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

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ILN Today Post

Dissolving barriers to spot rezoning: Is the new ‘pre-gateway review’ system working?

Just over 15 months ago the NSW Government introduced a new review system to help overcome local council resistance to good spot rezoning proposals and to other LEP amendments.   There is a lack of awareness across the industry about how the new system is actually operating.  It’s time to shed some light on the subject.  More…

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ILN Today Post

Dive into this…

We previously advised of new requirements for swimming pool owners under the Swimming Pools Amendment Act 2012 (Act).

Re-fresher

In 2012, a comprehensive review of the legislation was finalised and a number of amendments were identified which were designed to enhance the safety of children under the age of five years around private swimming pools in NSW. Owners of swimming pools have the responsibility to ensure that the pool is at all times surrounded by a complying child-resistant pool safety barrier. More…

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ILN Today Post

Gadens appoints new head of Perth office

MEDIA STATEMENT

Perth, 18 February 2014: Gadens has appointed Banking & Finance/Property partner Doug Stipanicev as head of Perth office.

Doug joined Gadens in 2012 and was previously a partner at Herbert Smith Freehills for over 20 years. He has extensive experience with corporate and institutional financing and debt at all levels, and has acted on major construction and broadacre projects, including the preparation of financing, acquisition, construction, management, operation and exit documentation. More…

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Knocking Out A Trade Secret Claim–Your Own If You Are Not Careful

A recent federal court decision in California illustrates the care that plaintiffs should take when pleading their own claims in trade secrets cases, lest they provide defendants a ready basis for dismissal. In a January 9, 2014 decision in Jobscience, Inc. v. CV Partners, Inc., et al., the federal district court in the Northern District of California dismissed state law based trade secrets claims as pre-empted by the federal Copyright Act. Luckily for the plaintiff in that case, the plaintiff had actually obtained a copyright registration on the relevant materials and included a copyright infringement claim in the complaint. Thus, plaintiff may still obtain relief in that very action. But it may not ultimately be full relief.

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ILN Today Post

Stradling Congratulates Four of Its Attorneys in Recognition of Their Placement on 2014 Super Lawyers Magazine List

NEWPORT BEACH, Calif., Feb. 21, 2014 — /PRNewswire/ — Stradling Yocca Carlson & Rauth, P.C. is pleased to congratulate four of its lawyers on being named to the 2014 Southern CaliforniaSuper Lawyers list. Super Lawyers magazine names attorneys in each state (5%) who received the highest point totals, as chosen by their peers and through independent research. The following attorneys were named to the Super Lawyers list this year.

Jason de Bretteville is chair of Stradling’s white collar criminal defense practice. His practice focuses on matters involving white collar defense, enforcement, complex business litigation, andsecurities litigation. He has successfully tried cases, obtained summary judgments, dismissals, jury verdicts, and settlements for companies. More… 

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CMS Proposes Significant Rate Cuts and Other Changes to Medicare Advantage and Prescription Drug Plans

The Advance Notice (“Advance Notice”) of Methodological Changes for Calendar Year (“CY”) 2015 for Medicare Advantage (“MA”) Capitation Rates, Part C and Part D Payment Policies and 2015 Call Letter was released by the Centers for Medicare & Medicaid Services (“CMS”) on February 21, 2014.

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Week of February 17, 2014 on ILNToday – A Roundup!

It’s another Friday here at the ILN, so you know what that means – round-up time! Here’s a bit of reading for you to jump into on this Friday afternoon, so grab a cup of coffee, take a short break, and check out our top posts!

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