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September 25, 2017

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Counsel Financial

Upcoming Online CLE
26
Sep
Drone Law: Property, Privacy, and Injury
27
Sep
Premises Liability Cases - The Basics
3
Oct
The AMA Guides Under Attack: Pennsylvania Declares Use of Guides Unconstitutional Delegation
4
Oct
The Strike for Cause Method of Jury Selection
12
Oct
Low Cost Medical Records Under HITECH/HIPAA
17
Oct
Traumatic Brain Injuries in Products Liability Cases
18
Oct
Expert Investigations Using Plaintiff Only Databases
19
Oct
Taking Your Jury to YouTube University: Using Video to Persuade and Educate Your Jurors
Announcements

THE NEUROSCIENCE OF DECISION-MAKING PRESENTED BY KIMBERLY PAPILLON
This unique CLE offering is available to all TTLA members and qualifying non-members. You can participate in person or online. Just $50 earns you 3 hours of MCLE credit from one of the most sought after presenters in the country. Wed, October 4, 2017, 2:00 PM - 5:00 PM in Austin. Click on the headline and register today!

Check Out the TTLA Hurricane Harvey Support Page
TTLA Hurricane Harvey Support Page has information on our relief efforts, Harvey-Related Emergency Orders from the Texas Supreme Court and from the Texas Department of Insurance-Division of Workers' Compensation Commissioner. Click on the headline to learn more.

TTLA Annual: What You Absolutely Positively Gotta Know About...
TTLA Annual CLE Seminar: Dec 7th & 8th at the Eilan Hotel and Spa, San Antonio, TX. Earn up to 9.00 hours MCLE credit including 1.75 hour Ethics credit. Click on the headline to learn more and register.

Texas Tribune Daily Brief

The Brief for Sept 25
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CASSANDRA POLLOCK, Texas Tribune 09/25/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Studies/Reports

Study: Fault that Produced N Texas' Largest Quake Could Produce an Even Bigger One
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The town that experienced a 4-magnitude earthquake in May 2015 the strongest quake ever recorded in North Texas sits on a fault with the potential to produce an event 10 times larger, suggests a new study led by scientists at Southern Methodist University. The report also concluded there was substantial evidence that the quake, near the Johnson County town of Venus, was triggered by the underground disposal of wastewater from oil and gas operations.
ANNA KUCHMENT, The Dallas Morning News 09/25/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News


Issues

 
At Florida Nursing Home, Many Calls for Help, but None That Made a Difference
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Interviews with nursing home representatives, hospital personnel, residents families and government officials, as well as a review of emergency response records, show a preventable descent into the suffocating chaos of that early morning. The Rehabilitation Center at Hollywood Hills' state-approved emergency plan was confounded by a foreseeable electrical failure. The home said its repeated requests for help from state and county officials, and to the power company, yielded no results.
ELLEN GABLER, SHERI FINK and VIVIAN YEE, The New York Times 09/25/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times

As Equifax Amassed Ever More Data, Safety Was a Sales Pitch
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Equifax's chief executive had a simple strategy when he joined more than a decade ago: Gather as much personal data as possible and find new ways to sell it. This strategy means that Equifax is entrenched in consumers financial lives whether they like it or not or even know it. Equifax's approach amplified the consequences of the breach, reported this month, that exposed the personal information for up to 143 million people.
STACY COWLEY and TARA SIEGEL BERNARD, The New York Times 09/25/2017
Read Article: The New York Times

Should the U.S. Require Companies to Report Breaches?
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There are two things we can count on in the wake of the Equifax breach, already credited with exposing a majority of American adults to the possibility of identity theft. The first is that more and potentially worse breaches are in our future. The second is that companies will need to be prodded toward smarter cybersecurity practices and faster reporting of breaches.
Christopher Mims, Wall Street Journal - $$ Subscription Required 09/25/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Wall Street Journal - $$ Subscription Required($)


Laws/Cases

Garland's Email Shows Baylor Culture of Victim-Blaming, Title IX Plaintiffs Say
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Then-Bay lor University interim President David Garland cited Scripture while writing that victims of sexual assault seem willingly to make themselves victims in a 2016 email to a senior administrator, according to documents filed late Wednesday in a Title IX lawsuit against the university. Garland sent the message to Vice President for Student Life Kevin Jackson after he said he listened to a radio interview with Sarah Hepola, an acclaimed writer and the author of Blackout: Remembering Things I Drank to Forget, a book chronicling her alcoholism while in college. Hepola spoke to Baylor students in February. He then cited verses in the New Testament book of Romans that refer to God's wrath on those who commit sexual sin. The plaintiffs, 10 former Baylor students who allege they were sexually assaulted, argue it is telling and central to their case that Garland would conclude that these young women made themselves willing victims of sexual assault and would then immediately find relevance in God's wrath upon them in connection with their sinful desires, shameful lusts and unnatural sexual relations, the motion filed Wednesday states.
Phillip Ericksen, Waco Tribune Herald 09/25/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Waco Tribune Herald

Businesses Begin Filing Class Actions Against Equifax
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Summit Credit Union in Madison, Wisconsin, has brought a class action on behalf of all credit unions that have had to reimburse customers for fraudulent charges and forgo fees due to the breach, which has impacted 143 million people. Another class action was filed on Sept. 19 by three businesses and their owners, including Justin O'Dell, a partner at O'Dell & O'Neal in Marietta, Georgia, who also owns three real estate companies. The business owners claim that the breach, which Equifax announced on Sept. 7, could impact their ability to get loans and lines of credit. It's the first time that small businesses have sued over a data breach said the attorney who brought the suit in federal court in Georgia.
Amanda Bronstad, Law.com 09/25/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law.com


Products

 
Mazda Recalls 60,000 Cars
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Mazda has recalled more than 60,000 cars throughout the U.S. and Canada due to a wiring problem that can impede power-assisted steering, as well as the passenger airbag. Mazda 6 sedans produced in 2015 and 2016 are subject to the recall. Wires in these cars beneath the front passenger seat can rub against welding debris and cause an electrical shortage, the company said in documents posted by the U.S. government, the Associated Press reports.
Associated Press, Fortune 09/25/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Fortune



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