101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Monthly Archives: April 2018

Copyright Protection, Litigation; Intellectual Property

A copyright is a type of intellectual property. “Original works of authorship fixed in any tangible medium of expression…from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device” may be the subject of copyright. Dryer v. National Football League, 814 F.3d 938, 942 (8th […]

Read More

Can you sue for a HIPAA violation?

The Health Insurance Portability and Accountability Act (“HIPAA”) imposed an enormous amount of requirements on healthcare providers and other “covered entities” when managing and handling a patient’s healthcare information. Strict compliance is required with HIPAA’s privacy rule, compliance with which generally requires a HIPAA waiver or authorization from the patient. The consequences for violating HIPAA […]

Read More

Legitimate Business Interests, Non-Compete Agreements

Non-compete contracts are enforceable if they are reasonable, meaning they can be “no more restrictive than is necessary to protect the legitimate interest of the employer.” Healthcare Servs. of the Ozarks, Inc. v. Copeland, 198 S.W.3d 604, 610 (Mo. 2006). Therefore, a non-compete contracted must be limited geographically and temporally. Id. What constitutes a “legitimate […]

Read More

Expert Witness Testimony and Opinion

Section 490.065, RSMo increased the standard for the admissibility of expert witness testimony in Missouri. The legislation took effect in 2017 to combat what was perceived to be low standards for expert testimony and high jury verdicts in favor of plaintiffs on medical malpractice and/or product liability claims. The new law brings Missouri’s expert witness […]

Read More