Legal
Legal Disclaimer
Unless otherwise indicated, Florida and California attorneys are Not Certified by the Florida and California Board of Legal Specialization in the areas of practice listed on their profiles.
Attorney Client Relationship
The materials on this web site are intended for informational purposes only. The materials on this Web site are not intended to be, nor should they be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with the Firm via e-mail is not intended to solicit or create, and does not create, an attorney-client relationship between the Firm and any person or entity.
Transmission of Information
Electronic mail or other communications through this site or otherwise to the Firm or any of its lawyers in connection with a matter for which we do not already represent you may not be treated as privileged or confidential. If you choose to contact us through this Web site, you should be aware that any information transmitted electronically may not be secure.
Legal Warranty
The content of this web site contains general information and may not reflect current legal developments. Such content is designed only to give general information on the developments actually covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice or render a legal opinion. Since the law is constantly changing and since the law will vary based on different facts and circumstances, statements on this Web site regarding the status of a given law or legal issue may not be current or applicable to your particular situation. You should not take any action based on the information in this Web site.
Bar Membership
Although this Web site may be viewed from any of the 50 United States of America and territories, as well as any country, the Firm primarily practices in the State of Florida and California. Lawyers named in the web site may not be authorized to practice law except in jurisdictions where the Firm maintains offices.
Links
This web site occasionally contains links to other web pages; however, the inclusion of such links does not constitute referrals or endorsements of the linked entities. Links to organizations and governmental agencies are provided as a convenience to our readers. The Firm does not endorse and is not responsible for any third-party content that may be accessed from its Web site and does not recommend or endorse the use of any third-party’s services. The links are to be accessed at the user’s own risk, and the authors of this web site make no representations or warranties about the content of these links.
Liability
The Firm assumes no responsibility for computer viruses resulting from use of our Web site. Under no circumstances, including, but not limited to, negligence, shall the Firm be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this web site, even if the Firm has been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend and hold harmless the Firm and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the web site and any violation of these Terms and Conditions by you.
Jurisdiction
By accessing this Web site, you agree that any disputes or matters arising out of or related to your viewing or use of this Web site shall be governed under the laws of the State of Florida and California without regard to the conflict of laws. If the bar rules in your jurisdiction require us to identify an attorney and office responsible for this Web site, the firm designates Kenneth Nolan as the responsible attorney and office.
Changes
The Firm may change these policies at any time without written notice to users. The changes will become effective upon posting of the changes to the web site.
A Word About HIPPA
The Health Insurance Portability and Accountability Act (HIPAA) was enacted by congress in 1996, but the Privacy Rule, which protects individually identifiable health informtation,took effect in 2003. This mandate to keep individual health information confidential made HIPPA a household name in the healthcare community. Sometimes, potential whistleblowers do not come forward to divulge fraud to attorneys or the government, for fear violating HIPPA . Fortunately, HIPPA authorizes whistleblowers to divulge most of such information to private attorneys or the Government. 45 CFR sec. 164.502(j)(1) provides that an employee may disclose such individually identifiable information if the “workforce member or business associate” [employee]:
“believes in good faith that the covered entity has engaged in conduct
that is unlawful or otherwise violates professional or clinical standards,
or that the care, services, or conditions provided by the covered entity potentially
endangers one or more patients, workers, or the public; and(ii) The disclosure is to:
(A) A health oversight agency or public health authority authorized by law
to investigate or otherwise oversee the relevant conduct or conditions of the
covered entity or to an appropriate health care accreditation organization
for the purpose of reporting the allegation of failure to meet professional
standards or misconduct by the covered entity; or (B) An attorneyretained
by or on behalf of the workforce member or business associate for the
purpose of determining the legal options of the workforce member or business
associate with regard to the conduct described in paragraph (j)(1)(i) of this section.”