Management Liability Update

Archive for the ‘Middle Market Business’ Category

Lehman, D&O Liability and Mark-to-Market Reporting

Icon June 1, 2010 – 6:40 am

The Devil’s Casino, Vicky Ward’s first book, is the latest account of the fall of Lehman Brothers.  Released in April, this Lehman tome applies  a gossipy approach to storytelling.  Although we learn much about the shopping habits of some Lehman wives, repo transactions are nowhere to be found.   The book, however, becomes noteworthy when Ward details a September 9, 2008 meeting between JPMorgan’s Jamie Dimon [...]



Most Important Lesson Learned from Supermarket Data Breach

Icon May 25, 2010 – 7:01 am

It has been over two years since the grocery chain Hannaford Brothers announced a breach of its network security that exposed over 4 million credit card numbers and led to 1,800 cases of fraud.   In fact, a quick review of the Privacy Clearinghouse’s Chronology of Data Breaches shows that Hannaford is not the only supermarket chain to have [...]



Small Professional Service Firms Put Implementation of FTC Red Flags Regs on Hold

Icon May 24, 2010 – 6:53 am

According to a recent article in Lawyers USA, small and middle market business owners are so jaded by the number of times the FTC has delayed enforcement of its Red Flags Regulations, they have pushed compliance to the back burner.  Tanya Forsheit, of InformationLawGroup, is quoted in the article as saying, “I suspect a lot of [...]



Colorado Casualty: Stolen Health Records Not a Covered Event

Icon May 18, 2010 – 7:25 am

As detailed by the Salt Lake Tribune, Colorado Casualty Insurance Co. contends it is not obligated to cover costs incurred in 2008 by the University of Utah after tapes containing electronic medical billings records on 1.7 million patients were stolen from a car.   The insurer filed a declaratory judgment action on April 9, 2010 seeking a declaration that the commercial [...]



White House Cyber Security Plan Focuses on EHR Management

Icon May 14, 2010 – 7:14 am

According to an article in Government Health IT, the White House is looking to develop a network security strategy “that pays particular heed to the importance of building a trusted arena for electronic health care transactions.”    Howard Schmidt, the White House Cyber Security Czar, said at a May 11 HIPAA conference on privacy and security that the [...]



The $60 Email

Icon May 3, 2010 – 8:14 am

By now most have heard of the lady who fumed when a courtesy eight word e-mail response (“I hope everything is O.K.  Take your time.”) was billed by her attorney at $60 (.2 hours x $300 hourly rate).   Her experience left her asking one question:  “How does anyone treat people like this and still manage to stay in business?”  [...]



Regulatory and Judicial Enforcement of “Reasonable Security”

Icon April 19, 2010 – 7:43 am

On April 12, 2010, Brokerage firm D.A. Davidson & Co. was hit by The Financial Industry Regulatory Authority (FINRA) with a $375,000 fine due to a 2007 data breach.    The breach potentially impacted 192,000 customers and involved social security numbers, dates of birth and other confidential information.  In what has been for years now a fairly  common occurrence, the firm [...]



Mayer Brown Lays Off 28 Attorneys Because No One is Leaving

Icon April 9, 2010 – 8:20 am

Despite what he saw as ”encouraging signs for 2010″, the Mayer Brown chairman, Herbert Krueger, wrote in an April 8, 2010 e-mail to all U.S. personnel that the firm would lay off 75 workers, including 28 associates and counsel.   Mr. Krueger wrote in his email, “[a]lthough most of our practices are performing well, overall demand for legal services has not [...]



CLT: Law Firms Resort to Suing Their Clients to Collect Fees

Icon April 9, 2010 – 7:08 am

According to an article in the Connecticut Law Tribune, during the past several years there has been an uptick in the instances of law firms suing to recover their fees.  O’Connell, Flaherty & Attmore based in Hartford, Connecticcut, has been suing clients since 2008, and the firm “has 29 pending cases seeking about $523,000 in unpaid [...]



NJ Supreme Court Sides with Employee on Email Privacy Case

Icon April 5, 2010 – 8:12 am

On March 30, 2010, the New Jersey Supreme Court issued its opinion in Stengart v. LovingCare Agency, Inc., 2010 WL 1189458 (N.J. March 30, 2010).  This hotly anticipated ruling was a clear win for employee privacy rights.  It was also clearly the right decision given the facts.   In its decision, the Court affirmed the Appellate Court’s ruling that an [...]