Welcome to the 1st issue of the Roberts, Carroll, Feldstein and Peirce Quarterly Newsletter. In this issue, and each that follows, we offer our perspective on legal issues and developments, both in Rhode Island and elsewhere. We hope you gain useful insight on issues that impact your professional and personal lives.

Questions, comments, suggestions and/or feedback concerning any of the items covered in this newsletter, or any other matter, are always welcome. If you have an idea, issue or topic you would like us to address, please email us at rcfpevents@rcfp.com.

Sincerely,

Roberts Carroll Feldstein and Peirce

Quarterly Newsletter: June 2012

Employer Access To Employee Social Media: Just Don't Ask

Employer demands for access to social media and email accounts of current and potential employees were recently banned in Maryland. Other states are considering similar legislation. While there is no specific legislation in Rhode Island, such requests should be avoided as they raise potential legal and public relations problems.

Emerging Threats: Data Breaches, Government Sanctions and Privacy Class Actions

The adoption of electronic medical records, combined with the use of mobile computing devices, changes in privacy laws and the increasing number of lawsuits arising from data breaches warrants additional attention to the protection of patient health information.

Superior Court Voids $1.8 Million Commercial Loan under Usury Statute: “Usury Savings Clause” Held Ineffective to Cure Violation of Usury Law

A $1.8 million mortgage loan has been voided under Rhode Island’s usury statute. A so-called “usury savings clause” was insufficient to insulate the lender from liability. Therefore, the Rhode Island Superior Court ordered that the loan need not be repaid, and that the mortgage must be discharged.

Legal Update: Nelson v. Landmark Medical Center and Gould v. Cheng

While recent decisions from the Rhode Island Superior Court do not provide much guidance regarding the necessary content of a peer review privilege log, the decision to allow in camera review of the documents is a useful backup in order to avoid the loss of the claimed privilege.