Recent News
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Spying in the Business Context Almost Obsolete in the Digital Age
Clients often call us for advice on investigating their employees and competitors. They really want the benefit of recorded clandestine conversations, of following employees to catch them in the act of meeting with the competition, of an evening ‘stake-out’ to catch the theft and passing of trade secrets. Some extremely few times, this is merited; most often it is not. And the way clients often try to do surveillance can be illegal, and even if successful, can produce evidence barred from use in court.
Tips for Representing Bankers in OCC Investigations
Unlike the financial industry scandals of 2008, bank regulators are now increasingly holding institutions and individuals accountable for financial loss. On January 23, 2020, the Office of the Comptroller of the Currency (“OCC”) announced it had resolved its administrative action against former Wells Fargo CEO John Stumpf wherein he agreed to a lifetime prohibition from the banking industry and $17.5 million-dollar civil money penalty (“CMP”). Other former senior bank management agreed to pay CMPs in the millions. On the same day, the OCC issued a notice of charges against five former senior bank executives seeking similar sanctions.
Grail Law Firm Wins PA Supreme Court Privacy and Privilege Protections for Mental Health Records
On November 20, 2019, the Pennsylvania Supreme Court ruled for our client, holding that the client’s inpatient mental health diagnosis and treatment records obtained via subpoena by the Fortieth Investigating Grand Jury (“the Grand Jury”), could not be published in a public Grand Jury Report. The Court’s decision scored a major victory for confidentiality of mental health treatment records throughout Pennsylvania, and implicitly recognized the existence of a “limited waiver” in certain circumstances.
PA Electronic Prescription Requirement for Controlled Substances Takes Effect
Beginning October 24, 2019, pursuant to Act 96 of 2018 (“Act”), every licensed health care practitioner in Pennsylvania will be required to electronically prescribe controlled substances by sending the prescription directly to a pharmacy via the Internet. The Act...
Pennsylvania Appeals Court Addresses Scope of Attorney-Client Privilege in Corporate Investigations
Controversy occurs at work all the time, and as a result, employees file lawsuits. Pennsylvania businesses often struggle with how to properly investigate these lawsuits, especially with how to obtain and keep confidential statements from employee witnesses. Now a...
Upcoming Event: The First Amendment
Attorney Efrem M. Grail will present on the First Amendment as it pertains to a free press at the McKeesport Community Newsroom, as an initiative of the Center for Media Innovation at Point Park University Center. The Community Newsroom supports citizen journalism and...
Dispensing Controlled Substances from the Office: A Guide for Physicians
Given law enforcement's current focus on combating the opioid epidemic, controlled substance-dispensing physicians are under increased scrutiny from local, state, and federal governments. Below is a brief overview of the law and regulations covering physicians’...
How To Not Become a Victim
At least monthly — sometimes weekly — some attorney calls me seeking help for their client(s), whose long-time trusted employee has embezzled from the company; for a business whose systems have been hacked and their customers’ credit card numbers taken; or victimized...
How to Prevent Another College Admissions Scandal: Proactive Compliance
It’s difficult to say anything that is not painful about the college admissions scandal, where Boston federal prosecutors already have a dozen wealthy parents, including actress Felicity Huffman, pleading guilty to fraud in helping their children get into elite...