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Part 3: The Legal Repercussions of a Cyber Security Breach

In addition to being unaware of the growing menace, many companies do not have the appropriate insurance coverages in place to deal with a cyber breach. It is estimated that only less than half have any coverage at all (Insurance Journal Nov. 6, 2015). In fact, insurance experts have characterized the cyberinsurance marketplace as the “Wild Wild West”. Policies...

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Part 2: The Legal Repercussions of a Cyber Security Breach

When a computer security breach occurs how should it be handled with customers and clients? Is there immediate public disclosure, or is there first a careful investigation and scrutiny of what occurred and what data was compromised? The proper strategy must be developed preemptively along with related training to instruct employees how to handle the issue. The most forward thinking businesses go...

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Part 1: The Dawning of the Age of Cyber Awareness

In 2015 alone, cyber experts indicate that losses due to cyber crime exceeded $400 billion dollars worldwide. Attacks were not limited to the huge retailers, medical providers, financial groups or shipping ports; in fact many hackers don’t know the company they have breached until after they have gained access. Anyone who has records of personal information is subject to...

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Is your legal house in order?

When all progresses as expected, the transition of your business to the next generation can be a smooth process with minimal anxiety. Unfortunately, many family-owned businesses operate under the assumption that ownership and control will pass to a spouse or the next generation based on internal family discussion and understanding. As a consequence, many organizations fail to take the necessary legal steps for...

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Companies face expansive wage liability for shared workers

Does your business hire labor through staffing agencies or subcontractors? Do you share workers with another company? If so, new interpretive guidance from the U.S. Department of Labor (“DOL”) Wage & Hour Division suggests you should pay careful attention to those shared workers and their hours, as your business could be responsible for more of their wages than you might expect. Read More...

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Secretly Recorded Patient Conversations – How Doctors Can Protect Themselves

More than ever, patients are requesting to record conversations with their health care providers. Unfortunately, there has also been an alarming number of medical malpractice cases filed where patients have secretly recorded their doctors and nurses and have effectively elicited detrimental comments made in the spirit of disclosure and with the sense, from the physician’s perspective, that the conversations were private....

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Do you have coverage for defective workmanship?

The answer to the question of coverage for defective workmanship depends upon the location where the work is being performed and specifically which state law is applied to the coverage question. While the majority of the states maintain a position that defective workmanship is not covered because it is not an “occurrence,” there appears to be a growing number...

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