Insights and analysis from our attorneys
As many New Jersey Workers' Compensation defense practitioners are aware, the bona fide voluntary tender (or "VT") has been an effective vehicle to permit employers to offset a portion of attorney fee exposure associated with a permanency award by issuing a voluntary payment of permanency to an injured worker, while at the same time incentivizing...
The Supreme Court of PA has been very busy so far this summer with Workers' Compensation matters. Shortly on the heels of the Court's decisions in Whitfield and Pavlack , which dealt with Protz...
Decisions in two cases involving Impairment Rating Evaluations (IRE) were decided by the Commonwealth Court on June 6, 2018. The cases were Whitfield v. WCAB (Tenet Health System Hahnemann LLC)...
In September of 2013, the HIPAA Omnibus Rule became effective. The purpose of the Omnibus Rule was to strengthen the privacy and security of patients' Protected Health Information (PHI) by, among...
Every lawyer has been taught that when a conflict of interest exists with a client, one solution is to make a referral to another lawyer. However, will the referral avoid a conflict of interest...
Remember the days of sending letters to clients and opposing counsel? Over the years, this practice has diminished and emails have become the most common type of communication. Email has become an...
The General Data Protection Regulation (GDPR) was signed into law in May 2016. A common refrain amongst clients in the United States is that it doesn't apply to them. Many U.S. companies,...
In the wake of the latest Petya and WannaCry cybersecurity breaches, it has become readily apparent that law firms are not immune to cyber attacks. In fact, they are becoming a target. Law firms...
In June 2017, the Pennsylvania Supreme Court granted a petition for allowance of appeal to consider whether it should overturn its decision in Muhammad v. Strassberger, McKenna, Messer, Shilobod ...
The Pennsylvania Supreme Court, by split decision, upheld the constitutionality of Pennsylvania's Dragonetti Act. Villani v. Seibert , 66 MAP 2016; 2017 Pa. LEXIS 939 (April 26, 2017). As a...
As a profession, we must assess and prepare ourselves for the risks of a technologically connected world in order to continue in the tradition of serving our clients and keeping their confidences....
Technological advances continue to expand the scope of risks that the legal profession experiences in maintaining the privacy and security of privileged client information in a secure, yet...
Corporate negligence claims against a physicians practice group are often pled by plaintiffs in medical malpractice cases in an effort to implicate additional insurance coverage and bring the...
In Myers v. Geisinger , the claimant filed a claim petition alleging that he sustained an injury on October 28, 2015. Specifically, the petition alleged that the claimant sustained an aggravation...
The MCARE Act requires experts offering standard of care testimony to practice in the same subspecialty or possess the same board-certification as the defendant physician. However, these...
In Baumann v. WCAB (Kellogg Company) , No. 2603 C.D. 2015, the claimant petitioned for review of the Workers' Compensation Appeal Board's (WCAB) order affirming the WCJ's decision on remand...
A common argument made by petitioners' attorneys is in favor of wage reconstruction. This principle, as outlined in the seminal NJ Supreme Court opinion of Katsoris v. South Jersey Pub. Co ., 131...
On September 9, 2013, the Workers' Compensation Automation and Integration System (WCAIS) went live in Pennsylvania. From day one, the Bureau of Workers' Compensation (Bureau) has been faced with...
The FDA issued two new, highly anticipated draft guidance documents to instruct manufacturers as to the requirements of when to submit a new premarket notification (510(k)) following a change to...
The New Jersey Supreme Court amended and adopted new Rules Governing the Courts of New Jersey, effective September 1, 2016. Some of the highlights for the civil practitioner include changes to the...
A recent decision out of Atlantic County, New Jersey, continues to bode well for the application of the learned intermediary doctrine. The learned intermediary doctrine is a defense rule that...
