Neil, Dymott, Frank, McCabe & Hudson, APLC

Legal Developments

The Telephone Consumer Protection Act: A Billion Dollar Statute in the Making

Congress enacted the Telephone Consumer Protection Act (“TCPA”) with the intent of stopping technology savvy telemarketers from making excessive calls. However, this statute can create enormous liability with minimal proof against anyone who uses an automated dialer. Among its provisions, ...

Considerations for Selecting a Medical Expert

In a medical malpractice action, an expert witness is crucial to establish standard of care, causation, and damages. Both sides retain experts to promote their perspectives. Therefore, medical issues often are reduced to a “battle of the experts,” in which ...

Discovery of Electronically Stored Information

Technology has changed how people create, share, and store information. Digital information is produced in ever growing volumes. For example, in 2007 the email volume per person was estimated to be four gigabytes. That would equal one hundred and four Banker’s boxes of ...

Is the S-Corp Right for Your Family-Owned Business?

Do you run a family-owned business? Is personal liability a concern? Are you looking for ways to transfer wealth to your children? Forming an S corporation as a vehicle for your family-owned business may be a great business and estate planning option. In ...

Worker's Compensation Is Not Necessarily a Bad Thing

California requires all employers to have worker’s compensation insurance. Worker’s compensation is effectively “no fault” insurance for injuries. In other words, it does not matter who was at fault or whether the employee was negligent in causing his injury. The only issue for ...

New Legislation Prohibits the Vast Majority of Mexican Trucks from Carrying Goods into the United States

In 2007, a pilot cross boarder trucking program was implemented with Mexico. The purpose of the program was to bring the United States into compliance with the North American Free Trade Agreement (“NAFTA”). Under the program, up to 500 Mexican ...

The EEOC Has Determined Your Client Violated the Law...Now What?

The Equal Employment Opportunity Commission (EEOC) was created by the Civil Rights Act of 1964 to enforce federal discrimination laws. The EEOC is often the first place an employee turns for legal recourse. An employee takes the initial step towards ...

Save a Life...Get Sued?!

When a tragedy strikes, our instinct is to help our fellow man. A recent ruling by the California Supreme Court may cause Californians to hesitate in assisting one another in emergency situations. As a general proposition, a person has no ...

Never Events & Hospital-Acquired Conditions (HAC's)

There has been a lot of talk lately about so-called “never events.” In 2002, the National Quality Forum (NQF) endorsed a list of 27 events that it deemed should be reported by all licensed healthcare facilities due to their preventable ...

The Future of Electronic Medical Records Forecasting HIPAA's Evolution and Implementation

As the new administration settles in, electronic medical records (EMR) are seeing an increased focus in political discussions. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) set the groundwork for initial guidelines on the privacy and security of ...

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