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The Summer 2014 issue of the KDDK Advantage Newsletter, which provides timely legal information on a wide range of topics of interest to KDDK clients, is now available. Click to download PDF version» Would you like to receive news and information from KDDK in the future? Sign up now! 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In this digital age, it seems that everything is being recorded. Audio and video recording of ballgames, meetings and birthday parties with a cell phone is the norm. However, what about a patient’s office visit or a surgical procedure when the patient is under anesthesia? Can a patient in Indiana record these encounters? Should physicians and other...
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On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued an enforcement guidance on the Pregnancy Discrimination Act (“PDA”) – the first guidance the commission has issued on the subject since 1983. In this guidance, the EEOC interprets employers’ obligations under the PDA in new ways, and it may have a significant impact on how...
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Ever increasing demands are being placed on the American health care industry by our growing population and the complexity of medicine. In response, our health care system is seeing an explosion in the ancillary health care professions, including advanced practice nurses. In Indiana, an advanced practice nurse (APN) may be authorized by law to independently evaluate...
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Kahn, Dees, Donovan & Kahn, LLP (KDDK) has been awarded recertification in Meritas, a global alliance of independent business law firms. KDDK joined Meritas in December 1994, and, as a condition of its membership, is required to successfully complete recertification every three years. Meritas is the only law firm alliance with an established and comprehensive...
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[vc_row][vc_column][vc_column_text]This morning, the U.S. Supreme Court issued its decision in Noel Canning (NLRB v. Noel Canning, et al., 573 U.S. ___ (2014)) affirming the U.S. Court of Appeals for the District of Columbia Circuit’s decision that members of the National Labor Relations Board (“NLRB”) were inappropriately appointed by President Obama. In Noel Canning, the NLRB...
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Recently, the Southern District of Illinois had occasion to address what are becoming familiar requests for production of parties’ Facebook pages.  See Stallings v. City of Johnston City, 2014 U.S. Dist. LEXIS 68566 (S.D. Ill. 2014).  The dispute underscores the importance of making sure you and your attorney understand the types of available evidence on...
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The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) established a national Health Care Fraud and Abuse Control Program (“HCFAC”) under the joint direction of the Department of Justice (“DOJ”) and the Department of Health and Human Services (“HHS”). HCFAC coordinates federal, state and local enforcement actions designed to “prevent future abuse” and to...
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[vc_row][vc_column][vc_column_text]The National Labor Relations Board’s deadline to submit briefs in Purple Communications, Inc. is June 16, 2014, signaling the Board’s decision on whether employers must permit employees to use workplace email for purposes of union organization may not be far away. In Register Guard, a decision issued under the Bush administration in 2007, the Board...
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Many employers have policies that prohibit employees from using the company email system for purposes that are not work related. In 2007, in a case called Register Guard, the National Labor Relations Board (“NLRB” or “the Board”) considered a challenge to such a policy on grounds that such a prohibition amounted to an infringement of the...
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