This Week’s Buzz: Telemedicine, Social Media, Credit Reporting, Fracking, More
What was hot this week? These legal updates:
Social media in the workplace is changing the rules: “These are the days of Facebook, LinkedIn, Twitter, YouTube, Pinterest, IM, MMS and SMS. We blog, we tweet, we post, we follow, we like, we comment, we pin, we text—and while doing so, we have blurred the lines between personal and professional lives. A 2009 workplace survey indicated that some 55 percent of employees reported visiting a social networking site at least once a week at the workplace; practical experience suggests that number is low, particularly now that we are in 2012.” (Social Media in the Workplace - July 2012 by Snell & Wilmer L.L.P.)
Pennsylvania can’t override local laws that block fracking: “On July 26, the Commonwealth Court of Pennsylvania held that 2012 amendments to Pennsylvania’s Oil and Gas Act that preempt local zoning ordinances conflicting with the act are unconstitutional. The amendments were part of a comprehensive legislative package that revised requirements relating to oil and gas drilling and associated operations and that imposed impact fees on wells drilled in the Marcellus Shale and other unconventional formations.” (Major Provisions of Pennsylvania’s Oil and Gas Act Deemed Unconstitutional by Morgan Lewis)
Banks agree to reimburse customers hit with improper overdraft fees: “At issue is the order in which banks process debit card purchases. Instead of processing transactions in chronological order, some banks reshuffle payments from highest to lowest dollar amount, which overdraws customer accounts faster and often causes multiple overdraft penalties. For example, if a customer with an account balance of $50 makes four debit card purchases of $10 each and then finishes the day with a $100 purchase, he can be slapped with four overdraft fees if the $100 transaction is processed first versus a single penalty if the items are paid chronologically.” (Banks Defraud Customers with Manufactured Overdraft Charges by Lawyers.com)
Contractors can minimize lawsuits with good contracts: “Contractors can minimize the potential for disputes by insisting on written contracts that clearly, accurately and specifically define the scope of work. The most common construction dispute is whether something the owner wants is part of the original scope or an ‘extra’ that requires a change order. Hastily prepared drawings, confusing specifications and incomplete definitions of the contractor’s scope usually assure the owner’s and contractor’s expectations for the project will differ, resulting in disputes.” (How Can Contractors Minimize The Potential For Disputes? by Bradley Arant Boult Cummings LLP)
Bogus loan modification program charged with breaking the law: “Taking a page from the playbook of the Federal Trade Commission, the new Consumer Federal Protection Bureau (CFPB) has filed its first civil enforcement action in federal court against participants in a Los Angeles-based loan modification program. Consumer Financial Protection Bureau v. Gordon et al, initially filed under seal in the Central District of California on July 18, named California attorney Chance E. Gordon and The Gordon Law Firm, P.C., along with another individual and corporations allegedly involved in the program.” (CFPB Files First Public Enforcement Action Against California Loan Modification Operation by Loeb & Loeb LLP)
Telemedicine is transforming the delivery of health care: “Telemedicine practices have been discussed within the healthcare industry for several decades. In recent years, as technological innovations more rapidly influence how healthcare organizations provide care to patients and the shortage of specialty providers becomes more apparent, the relevance and popularity of telemedicine services has grown remarkably.” (Telemedicine Amidst Healthcare Reform: Practicalities and Pitfalls by CMCP - California Minority Counsel Program)
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