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Full-Text Articles in Law
Lawyers' Duty Of Confidentiality And Clients' Crimes And Frauds, Douglas R. Richmond
Lawyers' Duty Of Confidentiality And Clients' Crimes And Frauds, Douglas R. Richmond
Georgia State University Law Review
Lawyers’ ethical duty of confidentiality is a fundamental aspect of the attorney-client relationship. It is also an extraordinarily broad duty; indeed, it is broader than the attorney-client privilege. So extensive a duty of confidentiality is necessary to encourage clients to trust their lawyers and to be candid with them. The public also benefits from lawyers’ duty of confidentiality, as a comment to Rule 1.6 of the ABA’s Model Rules of Professional Conduct explains: “Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal …
Lenity On Me: Lvrc Holdings Llc V. Brekka Points The Way Toward Defining Authorization And Solving The Split Over The Computer Fraud And Abuse Act, Warren Thomas
Georgia State University Law Review
According to one recent survey, almost 60% of employees who leave their jobs take company data with them. Indeed, technological advances have made it easier than ever for employees to walk out the door with confidential information: “The digital world is no friend to trade secrets.” Companies’ data loss prevention programs have struggled to keep up with such advances during the current economic downturn. In recent years, employers have increasingly filed lawsuits using the Computer Fraud and Abuse Act (CFAA) to punish employees who absconded with company data and to deter further abuses.
Health, Mental Health Regulation And Construction Of Hospitals And Other Health Care Facilities: Expand Definition And Confidentiality Provisions Regarding Peer Review Organizations; Examination, Treatment Etc., For Mental Illness: Clarify Definition Of When Outpatient Treatment Is Necessary, Judy Lynn Poag
Georgia State University Law Review
The Act amends Georgia’s outpatient commitment law, increases protection of involuntary commitment records, and expands the definitions of “health care provider” and “review organization.” The Act also expands the confidentiality provisions that apply to review organizations.
Evidence Witness Generally: Limit Circumstances In Which Pharmacists May Be Required To Release Medical Information About Patients, James R. Westbury Jr.
Evidence Witness Generally: Limit Circumstances In Which Pharmacists May Be Required To Release Medical Information About Patients, James R. Westbury Jr.
Georgia State University Law Review
The Act prohibits a pharmacist from being required to release medical information about a patient, unless there is a written waiver by the patient or the patient's legal representative, a court order, or subpoena requiring release. Pharmacists releasing information pursuant to a waiver, court order, or subpoena are not liable for doing so. Patients waive the limited privilege of confidentiality provided to the Act to the extent that they their care of treatment at injuries in issue in an administrative, civil, or criminal proceeding.
Mental Health Examination, Treatment, Etc., For Mental Illness: Provide For Treatment Team To Concur On Decision To Discharge Mental Patients And For Period Of Conditional Release Of Mentally Ill Defendants, Melinda D. Taylor
Georgia State University Law Review
HB 889 amends Title 37 of the Georgia Code by changing several provisions relating to administration of mental health laws. The most significant changes include providing the Department of Human Resources with access to patient records, changing the duties of the chief medical officer, allowing chief medical officers to appoint designees, changing the provision regarding patient discharge, and allowing psychologists to perform functions traditionally performed by physicians. Other minor changes include providing for confidentiality of records and providing patients with the ability to seek treatment from private psychologists. HB 469 provides the court with authority to authorize a period of …
Social Services Programs And Protection For Children And Youth: Control Who May Have Access To Records Concerning Child Abuse Reports, Carol Ann Hendry
Social Services Programs And Protection For Children And Youth: Control Who May Have Access To Records Concerning Child Abuse Reports, Carol Ann Hendry
Georgia State University Law Review
The Act changes who may have access to child abuse records and what information such persons may be given. The Act also repeals the clause indicating that records shall not be released if such release would cause loss of federal funds.
Domestic Relations Comprehensive Child Abuse Legislation, E. Miller
Domestic Relations Comprehensive Child Abuse Legislation, E. Miller
Georgia State University Law Review
This package of bills revised and added a number of code sections to Georgia's child protection legislation. The package includes requirement for reporting abuse and provides a civil penalty for failure to do report. The package also includes provisions for a state-wide registry to improve information sharing between state agencies and tracing statistical information presently collected at the county level; a state medical examiner system; automatic autopsies following the deaths of children under age seven; or in situations in which circumstances warrant; more open access to child abuse records; and a requirement that child care services submit reunification plans when …
Georgia's Tripartite Nightmare: Attorney Disqualification In Successive Representation Cases, Gary E. Thomas
Georgia's Tripartite Nightmare: Attorney Disqualification In Successive Representation Cases, Gary E. Thomas
Georgia State University Law Review
No abstract provided.
Corporations, Partnerships And Associations Limited Partnerships: Amend Georgia Revised Uniform Limited Partnership Act, T. Mallory
Georgia State University Law Review
The Act amends the limitations on names available to limited partnerships, provides for the merger of a limited partnership with a corporation, permits a general partner to maintain the confidentiality of reasonable trade secrets, provides for interim redemption of partnership interests, and alters public notice requirements as they affect the personal liability of a withdrawing general partner.
The Attorney-Client Privilege: The Common Law And Georgia's Uncommon Statutes, Paul S. Milich
The Attorney-Client Privilege: The Common Law And Georgia's Uncommon Statutes, Paul S. Milich
Georgia State University Law Review
No abstract provided.
State Government Public Records: Provide Definitions, Privileges, And Exemptions Relating To Inspection Of Public Records, A. Jones
Georgia State University Law Review
The Act defines public records, provides procedures, and sets fees for obtaining access to public records. The Act provides that public disclosure shall not be required for certain records and specifically exempts from the Act records containing particular types of information. The Act provides for attorney's fees and expenses of litigation in certain circumstances. Further, the Act creates a privilege of confidentiality between the Office of Legislative Counsel and members of the General Assembly; however, the privilege may be waived by the legislator.
Evidence Library Records: Provide For Confidentiality And Non-Disclosure, J. Mcclellan
Evidence Library Records: Provide For Confidentiality And Non-Disclosure, J. Mcclellan
Georgia State University Law Review
The Act provides for the confidential nature of certain library circulation records and prohibits their disclosure except in certain limited cases. The records can be released only to library personnel with written consent of the user of the materials or upon a court order or subpoena. July 1, 1987