Posted By: Richard Meyer | email: rmeyer@dbllaw.com
In ordinary conversation, the “attractive nuisance” legal doctrine is often used to describe conditions which are just the opposite of what the law considers an attractive nuisance. Often we hear references to any condition that would attract children as an attractive nuisance subjecting the property owner to liability if the child is injured. But a recent case from the Ohio Court of Appeals held to the contrary, namely that a condition, such as a lake or pool, that a child would sense as possibly dangerous is not an attractive nuisance at all.
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Posted By: Alan Hartman | email: ahartman@dbllaw.com
There are approximately 800 million people on Facebook. Twitter has about 200 million account holders. Add in all of the bloggers and it becomes crystal clear that social media is more than just a fad. Social media is being used worldwide to connect old acquaintances, make business referrals, and market and advertise products and services. Chances are a vast majority of your employees, customers, potential customers, and competitors access a social media site on a daily basis. Social media is quickly becoming a preferred way for businesses to tout products and services.
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Posted By: David Dirr | email: ddirr@dbllaw.com
The Department of Health and Human Services (HHS) has published a proposed rule that would modify both the HIPAA Privacy Rule and the Clinical Laboratory Improvement Amendments of 1988 (CLIA) to allow laboratories to send test results directly to patients.
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Posted By: Todd McMurtry | email: tmcmurtry@dbllaw.com
Plaintiffs’ litigators are plowing the fields of data security breach litigation and driving up the burden on entities that retain others’ personal information. As well, data security breaches present a double-whammy for health care providers. Not only does a provider have to suffer the consequences of the breach, but the HITECH Act also requires the Secretary of Health and Human Services to post a list of breaches of unsecured protected health information affecting 500 or more individuals.
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Posted By: Ellen Houston | email: ehouston@dbllaw.com
It’s that time of year again. And I’m not talking about Fall semester exams. It’s time for your health facility to review the Department of Health & Human Services Office of inspector General (OIG) Work Plan for Fiscal Year 2012. Like its predecessors, this year’s plan outlines the OIG’s new and ongoing audit and enforcement priorities for the upcoming year. The body of the Work Plan is divided into seven major categories, including Medicare (Parts A-B and C-D) and Medicaid reviews, followed by Appendix A and B that describe reviews related to the Patient Protection and Affordable Care Act of 2010 and oversight of the funding that HHS received under the American Recovery and Reinvestment Act of 2009.
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Posted By: Joseph Cleves | email: jcleves@dbllaw.com
Traditionally an owner approaches a construction project believing that the lowest price is obtained by maximizing competition. Unfortunately, the method typically used to achieve this goal has a significant shortcoming. It requires competitive bidding based on completed drawings, which greatly limits the project team's ability to communicate.
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Posted By: DBL Law | email: news@dbllaw.com
DBL Law partner David Kramer, a member of the Board of Governors of the Kentucky Bar Association since June 2008, has been re-elected without opposition to the Board for another two-year term beginning July 2012
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Posted By: DBL Law | email: news@dbllaw.com
U.S. News & World Report and Best Lawyers named DBL Law to the 2011 Best Law Firms list. DBL Law was previously recognized in 2010, the inaugural year for this distinction. For 2011, DBL Law received first-tier recognition for Health Care Law and Banking and Finance Law in Cincinnati.
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Posted By: Christopher Markus | email: cmarkus@dbllaw.com
On December 1, 2011, an Ohio Court of Appeals concluded that a party lost its right to arbitrate a dispute when that party first attempted to assert that right more than a year after litigation concerning the dispute began. The Ohio Eighth District Court of Appeals’ decision in Ohio Bell Telephone Co. v. Central Transport, Inc., 2011-Ohio-6161 emphasizes that a party to a lawsuit desiring enforcement an arbitration clause should raise its right to arbitrate early, often and clearly because failure to do so may result in a waiver of that right.
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Posted By: Nicholas Birkenhauer | email: nbirkenhauer@dbllaw.com
A company’s most valuable asset is its customers. Businesses expend a great deal of energy to develop and maintain client relationships. What happens, though, when an employee exits the company to start a competing business and takes valuable clients with him? Without adequate safeguards, the results can be devastating.
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