By Mark Garbowski, Esq. of Anderson Kill P.C.
Recent economic crises and political upheavals have intensified the risks connected with engaging in international trade and investment. In the last five years, industries or entire business entities have been nationalized in Argentina, Bolivia, Greece, Ireland, Pakistan, and Venezuela, among others.
Yes, a Person Can be Criminally Prosecuted for Violating HIPAA
By Joseph J. Lazzarotti, Esq. of Jackson Lewis P.C.
As reported by HealthcareInfoSecurity.com, a former hospital employee is facing criminal charges brought by federal prosecutors in Texas for alleged violations of the privacy and security requirements under the Health Insurance Portability and Accountability Act (HIPAA). You may remember that back on June 1, 2005, the Department of Justice issued an opinion supporting the prosecution of individuals under HIPAA's criminal enforcement provisions. 42 U.S.C. § 1320d-6(b). In 2010, we reported on a doctor in California who was sentenced to four months in prison for snooping into medical records. So, while prosecutions for privacy violations under HIPAA are not common, under certain circumstances individuals can be criminally prosecuted for violating HIPAA.
ASSESSING & EVALUATING SALES REP APPLICANTS: Pre-Employment Test Research + More Methods Help You Hire Productive Sales Reps
By Michael Mercer, Ph.D.
Hiring productive Sales Reps is super-important for every company's financial success. As Henry Ford said, "No one has a job until someone sells something."
Unfortunately, sales rep applicants often use their sales skills to connive their way into jobs on which they end up failing or doing poorly.
By Peter L. Isola, Esq. of Hinshaw & Culbertson LLP
American Master Lease LLC v. Idanta Partners, Ltd. et al., 225 Cal.App.4th 1451, 171 Cal.Rptr.3d 548, 14 Cal. Daily Op. Serv. 4979, 2014 Daily Journal D.A.R. 5739, 2014 WL 1761583 (May 27, 2014)
In 1998, Founder created Plaintiff as an investment vehicle for individuals seeking to avoid active management of their real estate holdings. The vehicle would allow investors to sell to a larger entity and buy interests in that entity as tenants in common. Founder served as the managing member of Plaintiff; he and his family were the major owners. Three other individuals owned the remaining interests and, in January 2000, these minority owners agreed, as the Operating Group, to provide the operational management of Plaintiff.
Open House = Open to Liability? Broker Liability to Open House Attendees
By Seth L. Laver,, Esq. Jessica L. Wuebker, Esq, and Jill C. Owens, Esq. of Goldberg Segalla LLP
Open houses and showings are a critical part of any real estate broker's job. More often than not, prospective buyers want to look at the property before committing. But what happens when a prospective buyer is injured while touring a property? Does a listing agreement impose a duty upon a real estate agent to ensure a property is safe before showing it? Is a listing agent a legitimate target of an injured open house guest? Nope, according to a recent decision out of Illinois. But that is not always the case.
