Pitfalls in Using Nonprofits as a Return to Work Option

By Lindsey M. Sands  A key method to reduce exposure on any claim following a work-related injury is to be able to provide the injured employee with accommodated work.   This option, when feasible, benefits all involved.  It allows employers to limit indemnity costs associated with any injury while getting necessary work done.  It also provides… Read more »

Eyewitnesses Seldom Are

By Jonathan W. Brogan, Esq.  At trial no evidence is more compelling than that of an eyewitness.  A person who was at the scene watching the events, hearing the cries of the injured and the crunching of metal, helping victims, guiding rescue worker is powerful and usually very convincing before any jury.  Any experienced trial… Read more »

New Federal Law Offers Different Avenue for Trade Secret Protection

Carl E. Woock, Esq.   In almost every industry, companies big and small rely on trade secrets to maintain an edge in a competitive marketplace. Trade secrets occupy a broad category of information that is commercially beneficial to a business and not generally known to the public.  Some famous examples readily come to mind: the formula… Read more »

Trading Privacy For Safety: Where is the Line?

By Christopher C. Taintor, Esq.  Medical Privacy: A Balance of Competing Interests   In today’s world, privacy and safety, two values important to all of us, are increasingly in tension.  One need only read the news to see examples, the most recent of which is the battle between the Federal Government and Apple over access to… Read more »

US-EU Announce Deal on Data Sharing “Privacy Shield” to Replace “Safe Harbor”

By Adrian P. Kendall, Esq.  Three months after the European Court of Justice struck down the US-EU “Safe Harbor” agreement in the case Maximilian Schrems v Data Protection Commissioner (C-362- 14), the EU and the USA announced in early February that they have agreed to a successor data protection regime. In the words of the… Read more »

Heavy Metal Lessons: Adventures in IP and Rock and Roll

By Adrian Kendall, Esq.  What can a lawyer learn from Heavy Metal band Metallica? When it comes to intellectual property protection and client relations, the answer is plenty.  On December 30, 2015, an IP lawyer sent a cease and desist letter to the members of Sandman, a Canadian Metallica tribute band, demanding that the band… Read more »

Maine Legislature Approves Significant Increase in Maine Estate Tax Exemption Level

By Kathryn M. Longley-Leahy, Esq.  Effective January 1, 2016, the Maine estate tax exemption will more than double from its current $2,000,000 level to the applicable federal estate tax exemption, currently $5,430,000, indexed annually for inflation.  With this significant increase in the Maine estate tax exemption, Maine estate tax exposure will be effectively eliminated for… Read more »

Notable Changes to Maine Employment Laws

By Kelly M. Hoffman  In its recently concluded session the Maine Legislature enacted L.D. 921 “An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take Necessary Leave from Employment and To Promote Employee Social Media Privacy.”  The new bill imposes two significant changes to employment laws that affect… Read more »

Maine’s Anti-SLAPP Statute: A Tool for Litigators

By: J.D. Hadiaris   Defending a claim for defamation, libel, or abusive litigation (i.e., malicious prosecution or abuse of process) can be difficult and time consuming.  Even when the plaintiff’s claim is weak and the damages small, these cases often require substantial discovery practice before a motion for summary judgment can be filed.  Factual disputes can… Read more »

Health Record Audit Trails: How Useful is the Metadata that is Associated with a Patient’s Health Record?

By Jennifer A.W. Rush, Esq.   Gone are the days when your doctor carried a manila folder into the exam room with her, shuffling through it to find the last office visit note or your current list of medications.  Paper charts have been replaced by electronic health records, or “EHRs,” which are now in wide use… Read more »