Medical Information Worth 10x More Than Credit Card Data On Black Market

By Joseph J. Lazzarotti, Esq. of Jackson Lewis, P.C.
 

When many people think about identity theft and data breaches, they tend to think about credit card data and bank accounts. This makes sense given the large-scale breaches in the news lately. However, Reuters reported last week that medical information is "worth 10 times more than [] credit card number[s] on the black market" a trend that has been developing for some time. This makes health care providers and their business associates increasingly likely to be targets of an attack. Small businesses in this industry are not immune as even a solo practitioner can amass data on thousands of patients. See NYT article making this point and providing some helpful strategies.

Third Circuit Sets Standard for Return to Work Under the Family and Medical Leave Act

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C.

In Budhun v. Reading Hospital and Medical Center, 2014 U.S. App. LEXIS 16541 (3d Cir. Pa. August 27, 2014), Ms. Budhun worked for Reading Hospital in a clerical position that required her to be typing approximately 60 percent of the time. In an accident unrelated to work, plaintiff broke the bone in her hand restricting the full use of her hand and fingers for typing. On August 2, 2010, plaintiff arrived at work with a splint and received an email from the human resources department telling her that her injury prevented her from "working full duty" with FMLA documents attached.

FDA Outbreak Response Is Not a Constitutional Taking

By Joseph F. Bermudez, Esq. and Robert F. Roarke, Esq. of Wilson Elser

Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by the U.S. Court of Federal Claims advises that compensation in such circumstances continues to be very rare. To avoid the "significant financial impact" of crisis management events involving governmental food safety regulatory actions, companies must consider the protection offered by product contamination and product recall policies that provide coverage for such insured events
 

By Paul S. White, Esq. of Tressler LLP

On July 18, 2014, the U.S. Court of Appeals for the Ninth Circuit, in an unpublished opinion, affirmed a lower ruling from the District Court that an insurer was obligated to defend its insured against allegations that included the insured's involvement in "the performance of real estate services." In contrast, Greenwich Insurance Company's (Greenwich) brief argued that the District Court had erred in finding that the Bankofiers investment advice constituted "Real Estate Services" as defined by the policy.

By Patrick B. Omilian, Esq. and Jensen Varghese, Esq. of Goldberg Segalla LLP

This declaratory judgment action arises out of a dispute between two excess insurance providers, and stems from a settlement in an underlying personal injury claim. The plaintiff, GEICO, which contributed to the settlement, sought reimbursement from defendants Ohio Casualty Group, Ohio Casualty Insurance Company and Liberty Mutual Insurance Company, which did not participate in the settlement.  The other policy provided that it was excess above $10 million, but did not specify a specific policy which it was excess to.