Risk of Identity Theft from Cyberattack Constitutes Sufficient Injury to Sustain Lawsuit

With cyberattacks seemingly happening with greater frequency, the risk of identity theft for many individuals has grown significantly. However, is the risk of identity theft (as opposed to actually identity theft) after a cyberattack sufficient to sustain a lawsuit for damages? In Attias v. Carefirst, Inc. , 865 F.3d 620 (D.C. Cir. 2017), the United […]

Two Courts Recognize Causes of Action under State Law When an Employee is Terminated from Employment for Medicinal Use of Marijuana

With many states now authorizing individuals to use marijuana for medicinal purposes, companies are confronting situations where they must decide whether to continue employing individuals who have been prescribed marijuana for medical purposes and fail drug tests or terminate the employment of such individuals. Based on two recent court decisions (one from a state court […]

Fourth Circuit Analyzes What Constitutes an Equivalent Position for FMLA Purposes

In Waag v. Sotera Def. Sols., Inc. , 857 F.3d 179 (4th Cir. 2017), the United States Court of Appeals for the Fourth Circuit ruled an employee who takes leave under the Family Medical Leave Act (“FMLA”) does not have an absolute right to return to his/her original position and as long as the employee […]

Court Finds LinkedIn Posts Likely Violated Non-Solicitation Provisions of Employment Agreement

Many court decisions have found that communications on social media did not constitute improper solicitations, but the United States District Court for the District of Minnesota recently found in Mobile Mini, Inc. v. Vevea , Civil No. 17-1684 (JRT/KMM), 2017 WL 3172712 (D. Minn. July 25, 2017), that two LinkedIn posts by a former employee […]

Family Awarded Settlement in Tragic Medical Misdiagnosis Case

Unfortunately, many cases of medical misdiagnoses are often fought posthumously after a patient succumbs to the disease that a doctor failed to diagnose. Such a case was brought to us after a dermatology physician assistant (PA) failed to diagnose and treat a malignant melanoma on the patient’s scalp. Tragically, the skin cancer became metastatic and, […]

Court Invalidates Proposed Rule Raising Salary Level of Exempt Employees under FLSA

In Nevada v. United States Department of Labor , 227 F. Supp. 3d 696 (E.D. Tex. 2017), the United States District Court for the Eastern District of Texas ruled the final rule issued by the United States Department of Labor (“DOL”) during the Obama Administration that sought to increase the salary of exempt employees under […]

Court Finds Invitation to Connect on LinkedIn Did Not Violate Non-Solicitation Agreement

The use of social media as a networking platform continues to be an evolving area of law as it relates to compliance with non-compete and non-solicitation agreements. In Bankers Life and Casualty Company v. American Senior Benefits, LLC , — N.E.3d –, No. 1-16-0687, 2017 IL App (1st) 160687 (Ill. App. Ct. Aug. 7, 2017), […]

Medical Diagnostic Errors: Mistake or Malpractice?

It is part of human nature to make mistakes; they happen often and to all of us. Unfortunately, sometimes our mistakes can have life-threatening effects on another person. When a doctor makes a mistake, oftentimes it is one that cannot be fixed. When a doctor’s medical diagnostic error results in further suffering or death, that […]

Hyatt & Weber Sponsors Developer Panel

Hyatt & Weber was pleased to support the BWI Business Partnership’s signature breakfast on September 6th with our multi-media co-sponsor, Bignell Watkins Hasser. It was a full house at the BWI Airport Marriott as the Partnership welcomed panelists from St. John Properties, Inc., The Cordish Companies, Merritt Properties, LLC, and BWI Thurgood Marshall Airport (BWI) […]

When is a Facebook Friend a “Friend” Versus an “Acquaintance”?

In Law Offices of Herssein and Herssein, P.A. v. United Services Automobile Association , No. 3D17-1421, 2017 WL 3611661 (Fla, Dist. Ct. App. Aug. 23, 2017), the Third District Court of Appeal for the State of Florida was asked to decide whether a judge presiding over a case who was “friends” on Facebook with an […]