New York Court Rules “Private” Information on Facebook Is Discoverable

In an important decision for personal injury litigators, the New York Court of Appeals, the State’s highest court, recently ruled that privacy settings in Facebook do not protect your clients from legitimate discovery requests. In Forman v Henkin, the Court of Appeals unanimously reversed the appellate court and reinstated a trial judge’s ruling requiring Plaintiff, […]

Confidentiality Can Be Taxing: Negotiating Tips to Help Protect Your Clients from Taxation of their Settlement

Confidentiality provisions in settlement agreements can often come back to haunt plaintiffs. As discussed in a previous post, an inadvertent breach of confidentiality could cost a plaintiff his/her settlement. Similarly, a confidentiality clause could result in tax liability for the plaintiff effectively reducing his/her recovery. In Amos v. Commissioner of Internal Revenue, T.C. Memo. 2003-329 […]

The Medicare Ruse: How Insurance Companies Use Medicare as a Delay Tactic in Litigation

As if it weren’t tough enough nowadays to settle lawsuits with insurance companies, now they are using the pretense that there may be a Medicare lien to delay paying you your settlement. Insurance companies are using several delaying tactics which leave plaintiffs’ attorneys and their clients in limbo waiting for settlement checks for as long […]