Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2016

Joint Clients — Confidentiality — Right to See Clients' File - New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) - Risk Management Issue: In a joint client representation, if one…more

Attorney Malpractice, Confidential Information, Government Investigations, Hedge Funds, Inadvertent Disclosure

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Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act: Proposed Amendments

Effective January 1, 2016, Illinois now permits residents or families of residents in long-term care facilities to install cameras or other electronic monitoring devices (audio and visual) in resident rooms. Illinois' Authorized…more

Electronic Monitoring, Long Term Care Facilities, Proposed Amendments

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EEOC Issues Sample Notice for Employers Offering Wellness Programs

Last month, we alerted you to some new guidance from the EEOC on wellness programs. One of the key requirements of this new guidance is that employers must give notice to participants about the information being collected…more

ADA, Disability Discrimination, EEOC, Notice Requirements, Wellness Programs

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Eighth Circuit Concludes that Post-Judgment Actions are not Subject to the FDCPA's Venue Provision and Equitable Tolling does not Apply to FDCPA's Statute of Limitations

Hageman v. Barton, No. 14-3665, 2016 WL 1212235 (8th Cir. Mar. 29, 2016) - In Hageman v. Barton, the U.S. Court of Appeals for the Eighth Circuit held that registration of a foreign judgment and related garnishment…more

Debt Collection, Debtors, Equitable Tolling, FDCPA, Post-Judgment Interest

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Seventh Circuit Upholds Tip Credit Pay for Related, Non-Tipped Duties

As those in the restaurant industry know well, federal and state law allow employers to pay tipped employees less than the required minimum wage with the expectation they will receive enough tips to make up the difference. This…more

DOL, Employee Handbooks, Job Duties, Minimum Wage, Tip Credit

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Court Holds that Restaurant Owner May Be Personally Liable for FLSA Violations

A new federal case out of Illinois demonstrates the extreme importance of complying with wage and hour laws, especially where the law provides for individual liability against those who control the terms and conditions of…more

Employer Liability Issues, FLSA, Minimum Wage, Personal Liability, Restaurant Industry

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Credentials Materials Are Not Privileged Under the Health Care Professional Credentials Data Collection Act

The Illinois Supreme Court recently held in Klaine v. Southern Illinois Hospital Services, 2016 IL. 118217 that a physician’s application for hospital privileges, which included information obtained from the National…more

Confidential Information, Discovery, Hospitals, IL Supreme Court, NPDB

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California Supreme Courts Holds that Borrowers Can State a Claim for Wrongful Foreclosure Based on a Void Assignment of the Loan; Declines to Decide Whether a Late Assignment Into a Securitized Trust Is Void Under New York Law

In recent years, the plaintiffs' bar for borrowers resisting foreclosures has pushed the theory that a claim can be stated for wrongful foreclosure where a loan was transferred into a securitized trust after the closing date set…more

Assignments, Borrowers, CA Supreme Court, Loan Servicer, Loans

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ABA Clarifies Referral Fees Between Lawyers in Formal Ethics Opinion 474

On April 21, 2016, the American Bar Association ("ABA") Standing Committee on Ethics and Professional Responsibility released Formal Opinion 474, addressing referral fees under Model Rule 1.5(e) and the impact of conflicts of…more

American Bar Association (ABA), Conflicts of Interest, Legal Ethics, Referral Fees

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Supreme Court Provides a Narrow Win for Defendant—With Chance for More—On "Actual Injury" Issue

Spokeo Inc. v. Thomas Robins et al., No. 13-1339 (2016) - On May 16, 2016, the U.S. Supreme Court, by a vote of 6-2, set aside a lower court decision on whether what might be a technical statutory violation gives a consumer…more

Article III, Background Checks, Class Action, FCRA, Injury-in-Fact

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Consumer Financial Services Newsletter - June 2016

Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the United…more

Affidavits, Appeals, Borrowers, Consumer Bankruptcy, Debt Collectors

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Illinois Requires Child Bereavement Leave

Illinois recently joined Oregon as the second state to require certain bereavement leave by passing a law requiring unpaid leave for employees who suffer the death of a child…more

Bereavement Leave, FMLA, Minor Children, New Legislation, Unpaid Leave

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Significant Hospital Related Mid-Year Updated OIG Review Activities

This is the second of three alerts discussing the mid-year update to the Fiscal Year 2016 Work Plan issued by the Office of Inspector General (OIG). In the first alert we discussed the top management performance challenges…more

Fiscal Year, HHS, HIPAA, Hospitals, Medical Devices

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862 (Feb…more

Attorney Misconduct, Attorney-Client Privilege, Client Representation, Conflicts of Interest, Contract Terms

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Consumer Financial Services Newsletter - July 2016

Eighth Circuit Holds That Filing Accurate Proof of Claim on Time-Barred Debt Does Not Violate the FDCPA - Nelson v. Midland Credit Mgmt., Inc., No. 15-2984, 2016 WL 3672073 *1 (8th Cir. July 11, 2016) - On July 11,…more

Auto-Dialed Calls, Chapter 13, Consumer Bankruptcy, Debt Collection, FDCPA

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Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (2016) - Brief Summary - The Massachusetts Supreme Court held that it is "protected activity" (i.e., conduct that an employee may engage in…more

Discovery, Electronically Stored Information, Employer Liability Issues, Employment Discrimination, Gender Discrimination

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Sixth Circuit Court of Appeals Affirms "Prior Express Consent" in Health Care Collections Case

Baisden v. Credit Adjustments, Inc., No. 15-3411, 2016 WL 561735 (6th Cir. Feb. 12, 2016) - The U.S. Court of Appeals for the Sixth Circuit held that two hospital patients consented to a debt collection agency's automated…more

Auto-Dialed Calls, Hospitals, Medical Debt, Prior Express Consent, TCPA

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Latest Updates to Media Liability Insurance in California

Hinshaw & Culbertson LLP partner James Castle recently enhanced and updated the chapter on Media Liability Insurance for LexisNexis' California Insurance Law & Practice. Cases discussed include: ?S.B.C.C., Inc. v. St…more

Commercial General Liability Policies, Copyright Infringement, Defamation, Duty to Defend, Insurance Litigation

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Anti-SLAPP Applies to Concealment Claim

Suarez v. Trigg Laboratories Inc., Court of Appeal, Second District, Division 4, California, September 7, 2016, Case No. B26511 - The California Court of Appeal for the Second District holds that anti-SLAPP statute applies…more

Anti-SLAPP, Appeals, Attorney-Client Privilege, Cal Code of Civil Procedure, First Amendment

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Latest Updates to the California Inurance Holding Company Act

Hinshaw & Culbertson LLP attorney Suh Choi has updated and enhanced Chapter 5, The California Insurance Holding Company Act, for the LexisNexis California Insurance Law & Practice treatise. The latest update features a…more

Divestiture, Insurance Holding Company

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Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

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New York and North Carolina Take a Narrow Approach to Common Interest Doctrine

Brief Summary - The "common interest doctrine" generally protects attorney-client communications, even if such communications are disclosed to a third party, as long as the third party shares a common legal interest with…more

Appeals, Asset Purchaser, Attorney-Client Privilege, Bank of America, Commercial Leases

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2016

Joint Clients — Confidentiality — Right to See Clients' File - New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) - Risk Management Issue: In a joint client representation, if one…more

Attorney Malpractice, Confidential Information, Government Investigations, Hedge Funds, Inadvertent Disclosure

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Health Insurance Premium Regulation Bid Draws Criticism

Barger & Wolen partners Richard De La Mora and Richard Hopkins were both quoted in a Nov. 14, 2013, Daily Journal article, Hospital insurance premium regulations bid draws criticism, about a proposed ballot initiative intended…more

Health Insurance, Healthcare, Hospitals, Premiums

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Paid Sick Leave Is Coming to Chicago: Mark Your Calendars for July 1, 2017

An ordinance mandating paid sick leave for Chicago employees, first introduced in April, passed before the City Council on Wednesday, June 22, 2016. Chicago will now join the growing list of cities with similar laws on the…more

Accrual Method, Anti-Retaliation Provisions, FMLA, Local Ordinance, Notice Requirements

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9th Circuit: Because of Simple Contract Oversight, Executive Must Arbitrate Separation Dispute

Most executive level employees have detailed employment agreements outlining the terms and conditions of their high-paying jobs. Putting such agreements in place is a really good idea for a number of reasons, even though it can…more

Arbitration, Breach of Contract, Employment Contract, Federal Arbitration Act, Hiring & Firing

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Practitioners -- Time to Update Your Client Arbitration Agreements (Pt. III)

Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes. In recent years some have learned the…more

Arbitration Agreements, Fee Agreements

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Supreme Court: Ordinary Contract Principles Do Not Allow Inference of Vesting Rights Absent Clear and Express Language

In 2000, M&G Polymers purchased the Point Pleasant Polyester Plant in Apple Grove, WV. At that time, M&G entered into a collective-bargaining agreement and a related Pension, Insurance, and Service Award Agreement (P & I…more

CBAs, Employer Group Health Plans, Employer Healthcare Costs, Health Insurance, M&G Polymers v Tackett

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Small Breaches Matter Too: OCR Broadens HIPAA Breach Investigations

The Regional Offices of the Department of Health and Human Services Office for Civil Rights (OCR) already investigate every reported Health Insurance Portability and Accountability Act (HIPAA) breach affecting 500 or more…more

Cyber Attacks, Data Breach, Health Care Providers, HIPAA, HIPAA Breach

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Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

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Employment Practices Newsletter - April 2016

Is Labor Law Putting the Franchise Business Model at Risk? - Over the course of the last year, we have kept you abreast of National Labor Relations Board (NLRB) case law and Department of Labor (DOL) interpretive/…more

Anti-Retaliation Provisions, Ballot Measures, DOL, EEOC, Hormel

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CMS Prioritizes Patient Care, Allows Flexibility with MACRA Implementation

CMS has given health care providers a little breathing room when it comes to the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) implementation. MACRA will take effect on January 1, 2017, and moves toward the CMS…more

Alternative Payment Models (APM), CMS, Health Care Providers, Medicare, Medicare Access and CHIP Reauthorization (MACRA)

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Consumer Financial Services Newsletter - May 2016

Debt Collection Letters Now Have a Safe Harbor In The Second Circuit - Avila v. Riexinger & Associates, LLC, 15-1548, --- F.3d ---- , 2016 WL 1104776 (2d Cir. March 22, 2016) - The U.S. Court of Appeals for the Second…more

Class Action, Class Representatives, Debt Collection, FDCPA, Homeowners' Association

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The Dangers of Reimbursing Employees for Individual Health Insurance Premiums--and the Limited Relief for Small Employers

Prior to the passage of the Affordable Care Act ("ACA") in 2010, employers were able to reimburse their employees for the premiums those employees paid for individual health insurance. This long-standing practice was changed…more

Affordable Care Act, DOL, Employer Group Health Plans, IRS, Medical Reimbursement Plans

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6th Circuit: Telling Supervisor to Stop Harassing Conduct Is Protected Activity Under Title VII

A company cannot fire an employee in retaliation for complaining to supervisors about sexual harassment, the Sixth Circuit recently held in Equal Employment Opportunity Commission v. New Breed Logistics, No. 13-6250 (6th Cir…more

Civil Rights Act, EEOC, Hiring & Firing, Retaliation, Sexual Harassment

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Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

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Cost Caps on Medical Procedures Approved

Federal officials recently approved “reference pricing,” a new cost-control mechanism that allows insurers to put a dollar limit on the amount that health plans pay for some expensive medical procedures, such as knee and hip…more

Affordable Care Act, Fee Caps, Healthcare, Healthcare Reform, Medical Expenses

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2016

Joint Clients — Confidentiality — Right to See Clients' File - New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) - Risk Management Issue: In a joint client representation, if one…more

Attorney Malpractice, Confidential Information, Government Investigations, Hedge Funds, Inadvertent Disclosure

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Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

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New Jersey's Department of Labor Issues New Rules Regarding "Ban the Box"

On December 7, 2015, the New Jersey Department of Labor and Workforce Development (the “NJDOL”) promulgated a set of regulations to enforce and more specifically define the restrictions contained in the State's "Opportunity to…more

Ban the Box, Criminal Background Checks, Hiring & Firing, Job Applicants, State Labor Departments

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No Settlement Offer, No Bad Faith Liability for Insurer

On October 7, 2013, the California Court of Appeal for the Second Appellate District held in Reid v. Mercury Insurance Company that an insurer that acknowledged its insured’s liability for a third party’s injuries and recognized…more

Bad Faith, Insurance Industry, Policy Limits, Settlement

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Supreme Court Rules that Pennsylvania Justice's Previous Involvement in Case Represented an Impermissible Risk of Bias

In a recent opinion, Williams v. Pennsylvania, --- S.Ct. ----, 2016 WL 3189529 (June 9, 2016), a divided United States Supreme Court held that judges must recuse themselves in cases in which they previously played a significant…more

Brady Violation, Convictions, Criminal Prosecution, Death Penalty, Due Process

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Informing Illinois Newsletter - August 2016

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants to…more

Body Worn Cameras, DOJ, Email, FOIA, Law Enforcement

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Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act: Proposed Amendments

Effective January 1, 2016, Illinois now permits residents or families of residents in long-term care facilities to install cameras or other electronic monitoring devices (audio and visual) in resident rooms. Illinois' Authorized…more

Electronic Monitoring, Long Term Care Facilities, Proposed Amendments

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Employment Practices Newsletter - May 2016

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under…more

ADA, Aiding and Abetting, Asset Seizure, Defend Trade Secrets Act (DTSA), Demotions

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Consumer Financial Services Newsletter - May 2016

Debt Collection Letters Now Have a Safe Harbor In The Second Circuit - Avila v. Riexinger & Associates, LLC, 15-1548, --- F.3d ---- , 2016 WL 1104776 (2d Cir. March 22, 2016) - The U.S. Court of Appeals for the Second…more

Class Action, Class Representatives, Debt Collection, FDCPA, Homeowners' Association

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Ninth Circuit Takes Narrow View of ERISA Surcharge Remedy

In Gabriel v. Alaska Electrical Pension Fund, the Ninth Circuit ruled that a pension plan participant could not be “made whole” by using the equitable remedy of surcharge to recover pension benefits he was erroneously told he…more

CIGNA v Amara, Employee Benefits, Equitable Surcharge, ERISA, Pensions

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2016

Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions? - Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP,…more

Attorney Malpractice, Attorney-Client Privilege, Breach of Contract, Conflicts of Interest, Disqualification

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California Insurers Asked to Submit Diversity Information About Boards of Directors

The California Department of Insurance (“CDI”) has issued a notification to insurers with 2013 written premiums of $100 million or more in California to complete and submit the CDI’s Governing Board Diversity Survey…more

Board of Directors, Directors, Disclosure Requirements, Diversity

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Consumer Financial Services Newsletter - May 2016

Debt Collection Letters Now Have a Safe Harbor In The Second Circuit - Avila v. Riexinger & Associates, LLC, 15-1548, --- F.3d ---- , 2016 WL 1104776 (2d Cir. March 22, 2016) - The U.S. Court of Appeals for the Second…more

Class Action, Class Representatives, Debt Collection, FDCPA, Homeowners' Association

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Have your clients had their legal checkup?

In August 2014, the ABA's Commission on the Future of Legal Services set out to improve the delivery of, and access to, legal services in the United States. (Report on the Future of Legal Service in the United States, p.4)…more

American Bar Association (ABA), Client Services, Low-Income Issues, Pro Bono

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Health Insurance Premium Regulation Bid Draws Criticism

Barger & Wolen partners Richard De La Mora and Richard Hopkins were both quoted in a Nov. 14, 2013, Daily Journal article, Hospital insurance premium regulations bid draws criticism, about a proposed ballot initiative intended…more

Health Insurance, Healthcare, Hospitals, Premiums

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(A Little) More to Digest on Criminal Background Checks

Last month, we discussed the importance of maintaining employment files, including records on the use of criminal background information in the employment process. We suggested steps to ensure that your use of such information…more

Criminal Background Checks, Document Retention Policies, EEOC, Hiring & Firing, Job Applicants

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Federal Trade Commission Suffers Setback in Major Hospital Merger Case

On Tuesday, June 14, 2016, U.S. District Judge Jorge Alonso of the Northern District of Illinois declined to grant the Federal Trade Commission (FTC) a preliminary injunction to temporarily stop a merger between Downers Grove,…more

FTC, Health Care Providers, Hospital Mergers, Hospitals, Preliminary Injunctions

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Employment Practices Newsletter - May 2016

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under…more

ADA, Aiding and Abetting, Asset Seizure, Defend Trade Secrets Act (DTSA), Demotions

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Violation of GINA Leads to Significant Jury Verdict Against Employer

Have you ever had a mystery employee defecating around your warehouse, damaging goods? Have you ever considered asking employees to provide cheek cell samples to determine the identity of the defecator? Hopefully, the answer…more

Employer Liability Issues, GINA, Jury Verdicts, Retailers, Trucking Industry

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A Fool For a Client?

If you think you can fix that mistake, think again. As lawyers, taking matters into our own hands is dangerous and ill-advised. We are all familiar with Abe Lincoln's maxim: “The lawyer who represents himself has a fool for…more

Attorney Malpractice, Professional Liability Insurance

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Health Law Alert: Pharmacies and Prescription Drug Dispensers...Are You Ready for The March 1, 2016 DSCSA Compliance Deadline?

In order to improve drug security throughout the supply chain, and to facilitate drug recalls and to address drug importation, diversion, and counterfeiting, Congress passed the Drug Supply Chain Security Act (the "DSCSA"). The…more

Drug Distribution, DSCSA, FDA, Manufacturers, Pharmaceutical Industry

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FDCPA Claims Related to Venue of State Court Collection and Garnishment Action Barred by Statute of Limitations and Rooker-Feldman Doctrine

Michael Marienthal v. Asset Acceptance, LLC and Wright, Lerch, & Litow, LLP, No. 1:14-1636, 2016WL795902 (SD. Ind.) - The U.S. District Court for the Southern District of Indiana granted debt collector and law firm’s…more

Debt Collectors, FDCPA, Motion to Dismiss, Small Claims Court

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Massachusetts Passes Radical Equal Pay Law

On August 1, 2016, Massachusetts Governor Charlie Baker signed An Act to Establish Pay Equity, which as the name aptly suggests, seeks to ensure equal pay for comparable work for all Massachusetts workers and equal opportunity…more

Employee Rights, Equal Pay, Gender-Based Pay Discrimination, Governor Baker, New Legislation

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California Supreme Courts Holds that Borrowers Can State a Claim for Wrongful Foreclosure Based on a Void Assignment of the Loan; Declines to Decide Whether a Late Assignment Into a Securitized Trust Is Void Under New York Law

In recent years, the plaintiffs' bar for borrowers resisting foreclosures has pushed the theory that a claim can be stated for wrongful foreclosure where a loan was transferred into a securitized trust after the closing date set…more

Assignments, Borrowers, CA Supreme Court, Loan Servicer, Loans

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Eleventh Circuit Declines to Aggregate Workers of Multiple Contractors for WARN Act Notification Purposes

Closing up shop and winding down a business can have significant legal ramifications for employers if not handled appropriately. The WARN Act was designed to prevent surprise upon unsuspecting groups of employees, but the law…more

DHL, Independent Contractors, Joint Employers, Layoffs, Notifications

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Medical Litigation Newsletter - Spring 2016

Reducing Monetary Recovery in “Lost Chance Of [Medical] Recovery” Cases - In medical malpractice cases involving solely “iatrogenic” loss (e.g., harm of or relating to medical treatment), plaintiff bears the burden of proof…more

Burden of Proof, Damages, Hospitals, Independent Contractors, Medical Malpractice

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Assessing the Impact of President Obama's Immigration Actions on Employees and Employers

Last week, President Obama outlined his plans for Presidential action relating to U.S. immigration system reform. Setting aside the significant process and procedural controversies, following is a brief summary of some of the…more

Barack Obama, DACA, DAPA, Deportation, Executive Orders

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Higher Taxes Projected for Transfer of Minority Interests in Hard to Value Assets

On August 2nd the U.S. Department of the Treasury announced proposed regulations to limit or possibly eliminate a strategy long utilized to reduce the fair market value of certain assets transferred during life or at death to…more

Estate Planning, Estate Tax, Fair Market Value, Family Businesses, Gift Tax

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Indiana Product Liability Act's Statute of Repose Found Unconstitutional For Asbestos Cases

On March 2, 2016, Justice Brent E. Dickson of the Indiana Supreme Court ruled on three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. Myers v. Crouse-Hinds Division of Cooper…more

Asbestos Litigation, Disparate Treatment, IN Supreme Court, Privileges and Immunities, Product Defects

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Communications in Anticipation of Litigation Held Subject to California's Anti-SLAPP Statute

Plaintiff sued a co-defendant's lawyer for allegedly emailing her and obtaining privileged information to be used to defend against plaintiff's alleged claims. The appellate court affirmed the dismissal of plaintiff's claims and…more

Anti-SLAPP, Attorney's Fees, Litigation Privilege, Misrepresentation, Privileged Communication

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Tilting the Battlefield: NLRB Makes It Easier For Unions To Challenge Use Of Permanent Replacements

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when an…more

American Baptist, Corporate Counsel, Hiring & Firing, Independent Unlawful Purpose, NLRB

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Trial Court's Error In Underlying Case Was Superseding Cause Of Plaintiffs' Claimed Damages

Whether the trial court erred in the underlying litigation is always an important part of the proximate (or "but for") causation analysis. Stanfield v. Neubaum, 2016 WL 3536865 (Tex. June 24, 2016) is yet another case that…more

Attorney Malpractice, Attorney's Fees, Damages, Negligence, Ponzi Scheme

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Are Employee Wellness Programs OK Under the ADA? EEOC Says Yes, But...

Until recently, businesses looking to make sure that their employee wellness programs comply with the ADA were without much help from the EEOC—besides a series of surprisingly unhelpful opinion letters and a one-sentence answer…more

ADA, Benefit Plan Sponsors, EEOC, ERISA, Medical Examinations

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California Supreme Courts Holds that Borrowers Can State a Claim for Wrongful Foreclosure Based on a Void Assignment of the Loan; Declines to Decide Whether a Late Assignment Into a Securitized Trust Is Void Under New York Law

In recent years, the plaintiffs' bar for borrowers resisting foreclosures has pushed the theory that a claim can be stated for wrongful foreclosure where a loan was transferred into a securitized trust after the closing date set…more

Assignments, Borrowers, CA Supreme Court, Loan Servicer, Loans

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Attorney Fees Are Improper Where The Services Were Not A Catalyst For Municipal Action Under CEQA

In Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa, 2015 DJDAR 7857, the California Court of Appeal for the Fourth Appellate District decided an interesting case under the California Environmental Quality Act…more

Attorney's Fees, CEQA, Contract Disputes, Land Developers, Land-Use Permits

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How has New York law on bad faith claims against insurers developed since the Bi-Economy and Panasia decisions?

R. Steven Anderson and Kyle M. Medley provide analysis and historical perspective of two 2008 decisions from New York’s highest court. The full article, Tempest in a Teapot: New York’s Bi-Economy Decision Five Years Later,…more

Bad Faith, Damages, Insurance Industry

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2016

Joint Clients — Confidentiality — Right to See Clients' File - New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) - Risk Management Issue: In a joint client representation, if one…more

Attorney Malpractice, Confidential Information, Government Investigations, Hedge Funds, Inadvertent Disclosure

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Colorado Supreme Court Upholds the "Strict Privity Rule" When Interpreting Attorney-Client Relationship

Baker v. Wood, Ris & Hames, Professional Corporation, 364 P. 3d 872 (January 16, 2016) - Brief Summary - Colorado Supreme Court, en banc, analyzed whether dissatisfied beneficiaries of a testator-client's estate have…more

Attorney Malpractice, Attorney-Client Privilege, CO Supreme Court, En Banc Review, Privity of Contract

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Significant Hospital Related Mid-Year Updated OIG Review Activities

This is the second of three alerts discussing the mid-year update to the Fiscal Year 2016 Work Plan issued by the Office of Inspector General (OIG). In the first alert we discussed the top management performance challenges…more

Fiscal Year, HHS, HIPAA, Hospitals, Medical Devices

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862 (Feb…more

Attorney Misconduct, Attorney-Client Privilege, Client Representation, Conflicts of Interest, Contract Terms

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Obama Administration Delays Another Provision of Affordable Care Act

The Obama administration will allow health insurers to continuing offering plans that fail to meet the Affordable Care Act’s (ACA) minimum requirements for another two years…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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SCOTUS DECIDES: Three-Year Contractual Limitations Period Enforceable in ERISA LTD Plan

In Heimeshoff v. Hartford Life & Acc. Ins. Co. the United States Supreme Court held that a contractual limitations period in an ERISA long-term disability plan was enforceable and began to accrue before the administrator had…more

ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., SCOTUS, Statute of Limitations

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Informing Illinois Newsletter - August 2016

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants to…more

Body Worn Cameras, DOJ, Email, FOIA, Law Enforcement

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Nurse's Poor Work Performance Outweighs Claims of Whistleblower Retaliation

Lisa Pedersen was a dialysis clinic nurse who was responsible for assessing patients, working with physicians, and administering medication to patients. Pedersen was counseled about aggression in the workplace and other…more

Adverse Employment Action, Employer Liability Issues, Nurses, Performance Reviews, Poor Job Performance

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New California Law Imposes Liability On Companies Where Labor Contractors Fail To Pay Wages Or Provide Workers’ Compensation Insurance

On Sunday, September 28, 2014, California Governor Jerry Brown signed into law AB 1897 (D-Hernandez), which imposes liability on companies who use subcontracted temporary labor if the temp company fails to pay wages or provide…more

Employer Liability Issues, New Legislation, Staffing Agencies, Subcontractors, Wage and Hour

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - March 2016

Motion to Withdraw — Meaning of Requirement to "Diligently Attempt" to Locate the Client: Caveman Foods, LLC v. Ann Payne's Caveman Foods, LLC, Civ. No. 2:12-1112 WBS DAD - Risk Management Issue: When a lawyer or law firm…more

Due Diligence, Duty to Protect, Forfeiture Statutes, Hackers, Law Practice Management

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Tales of the FLSA: The Case of the Complaining Manager

What can you do when your boss won't listen to you, the Manager/Director of Human Resources? "Keep complaining," the Ninth Circuit said (not in those words). Complaints, Complaints, and More Complaints - In…more

Anti-Retaliation Provisions, FLSA, Job Duties, Managers, Termination

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Workers' Comp Plaintiff Attorneys Might Be Getting a Bigger Payday in Florida

On April 20, 2016, the 1st District Court of Appeals fired the most significant shot in years at controversial attorney fee restrictions in Florida. In 2003, the Florida State Workers' Compensation Statute placed strict…more

Appeals, Attorney's Fees, Contingency Fees, First Amendment, FL Supreme Court

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Case Reminds Insurance Agents to Review Process of Receiving Approval from Insureds Before Submitting Applications to Carriers

Schmidt v. Indiana Insurance Co., No. 22S01-1507-PL-412, Supreme Court of Indiana, December 2, 2015 - Plaintiff was the owner of a house in which he allowed his cousin to live from 2007 to 2009. When the cousin moved out,…more

Appeals, Bad Faith, Breach of Duty, Fiduciary Duty, Fire Insurance

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Supreme Court Case Expands False Claims Act Liability

Summary of Decision - On June 16, 2016, the United States Supreme Court decided a case which could have significant impact on healthcare providers. In Universal Health Services Inc. v Escobar, the Court expanded liability…more

Conditions of Payment, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Fraud

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District Manager Correctly Classified as Independent Contractor … Not an Employee

The California Court of Appeal for the Second Appellate District (Division Three) recently issued its ruling in Beaumont-Jacques v. Farmers Group, Inc., et al., affirming the trial court’s determination on summary judgment that…more

Full-Time Employees, Independent Contractors, Insurance Industry, Managers

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Second Circuit Affirms Denial of Class Certification in FDCPA Action for De Minimus Recovery

Gallego v. Northland Grp. Inc., No. 15-1666-CV, 2016 WL 697383 (2d Cir. Feb. 22, 2016) - Debtor brought a class action against a debt collector alleging violations of the Fair Debt Collection Practices Act (FDCPA) by…more

De Minimis Claims, Debt Collection, FDCPA, Putative Class Actions, Subject Matter Jurisdiction

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The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar…more

ADA, Age Discrimination, Appeals, Burden-Shifting, Civil Rights Act

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Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

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Hinshaw Thwarts Consumer's Attempt to Expand the Definition "Debt Collector" under FDCPA

Seo v. Education Credit Management Corporation, Case No. 1:15-cv-03703, 2016 WL 521065 (N.D. Ill. Feb. 9, 2016) - Hinshaw & Culbertson LLP lawyers convinced a district court judge in the Northern District of Illinois to…more

Consumer Bankruptcy, Debt Collection, FDCPA, Judgment on the Pleadings, Student Loans

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Consumer Financial Services Newsletter - June 2016

Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the United…more

Affidavits, Appeals, Borrowers, Consumer Bankruptcy, Debt Collectors

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Supervisor's "Hitler" Comment Not Enough to Create Hostile Work Environment

Does a single incident create a hostile work environment? Just this month, the U.S. Court of Appeals for the Fifth Circuit held that one offensive comment was insufficient to create a hostile work environment…more

Employer Liability Issues, Hostile Environment, Offensive Language

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Consumer Class Action Fee Request Slashed By Judge

A Northern California federal judge has significantly slashed attorney fees and hourly rates sought by plaintiffs’ lawyers in a consumer class action. His final order reduced fees down from the requested $2.5 million to…more

Attorney's Fees, Class Action

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California Labor Commissioner Delivers A Blow to the Ride Sharing Independent Contractor Concept

The decision to classify workers as independent contractors versus employees can be a costly one, but nevertheless, continues to be a decision many employers make quickly and without regard for the potential risks. In…more

Employer Liability Issues, Independent Contractors, Labor Commissioners, Misclassification, Uber

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Sanctions Under FED. R. CIV. P. 37(E)

In December 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of the amended rules, Rule 37(e), was completely rewritten in an attempt to develop a uniform, national standard for the imposition of…more

Amended Regulation, Electronically Stored Information, Evidence, Federal Rules of Civil Procedure, Rule 37

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Florida Poised to Become Next State to Outlaw Pregnancy Discrimination

On April 24, 2015, the Florida Legislature passed a bill banning discrimination against pregnant women at work and in public places. While passing unanimously in the Florida Senate and receiving near-unanimous passage in the…more

Amended Legislation, Employer Liability Issues, Governor Scott, Pregnancy Discrimination

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Employer's "No Re-Hire" Provision May Violate California's Non-Compete Laws

Pretty much everyone knows that California courts do not favor covenants not to compete. We even have our own state laws that address this very issue (Business & Professions Code section 16600). But what about provisions in…more

Corporate Counsel, Employment Contract, Hiring & Firing, Non-Compete Agreements, Popular

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Concurrent Causation from "A Medley of Interesting Disability Cases"

Facts and holding: Rita Kruk (“Kruk”), a Human Resources Specialist, was a participant in an ERISA plan provided through her employment that provided disability benefits. Kruk’s Plan stated that if a disability was due to a…more

Causation, Concurrent Causation, Disability, Disability Benefits, Disability Discrimination

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New York Recognizes Attorney-Client Privilege Regarding Consultations with Firm's General Counsel

Stock v. Schnader Harrison Segal & Lewis LLP, __ N.Y.S.3d __, 2016 WL 3556655 (2016) Brief Summary - A New York appellate court reversed the trial court's decision to compel disclosure of communications between…more

Attorney-Client Privilege, Corporate Counsel, Exceptions, Medical Malpractice, Separation Agreement

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20 Days Left to File Your Annual HIPAA Breach Report

Did your organization experience a HIPAA breach involving fewer than 500 individuals in 2015? If so, remember to submit your mandatory report to the Secretary of HHS no later than February 29, 2016, through the online breach…more

Breach Notification Rule, Covered Entities, Filing Deadlines, HIPAA Breach, PHI

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Breaking News: U.S. Supreme Court Decides Whether Claims are Moot in Gomez

The Supreme Court affirmed the Ninth Circuit's ruling and held that Defendant's unaccepted settlement offer or offer of judgment did not moot Plaintiff's case. Campbell-Ewald Co. v. Gomez, — U.S.— (Jan. 20, 2016)…more

Article III, Campbell Ewald v Gomez, Class Action, Class Representatives, Injunctions

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The Defend Trade Secrets Act of 2016: What Business Owners Need to Know

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA) of 2016. It became effective immediately. The DTSA — which amends the Economic Espionage Act (18 U.S.C. § 1831) — establishes a federal…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Private Right of Action

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2016

Joint Clients — Confidentiality — Right to See Clients' File - New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) - Risk Management Issue: In a joint client representation, if one…more

Attorney Malpractice, Confidential Information, Government Investigations, Hedge Funds, Inadvertent Disclosure

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Title VII Posting Violation Penalties Increase 150% Effective July 1, 2016

The EEOC has increased the maximum penalty for employers that violate the posting provisions of Title VII, the Americans with Disability Act ("ADA") and the Genetic Information Nondiscrimination Act ("GINA") from $210 to $525…more

ADA, EEOC, Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, GINA, Labor Law Violations

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Court Dismisses Case Filed Under the Defend Trade Secrets Act

Earlier this year, we notified you about the passage of the Defend Trade Secrets Act of 2016 (DTSA) and how it affects employers. On August 8, 2016, a U. S. District Judge in the Southern District of Florida dismissed one of…more

Confidential Information, Corporate Counsel, Defend Trade Secrets Act (DTSA), Dismissals, Duty to Protect

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Informing Illinois Newsletter - August 2016

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants to…more

Body Worn Cameras, DOJ, Email, FOIA, Law Enforcement

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Illinois Appellate Court Holds That Legal Malpractice Claim Was Barred by Six-Year Statute of Repose, and Collateral Estoppel Precluded Fraudulent Concealment Claim

Prospect Development, LLC, et al v. Donald Kreger and Schiff Hardin, 2016 IL App (1st) 150433 - Brief Summary - Plaintiff sued a lawyer and his law firm for alleged legal malpractice arising out of the collapse of a…more

Attorney Malpractice, Bad Faith, Breach of Contract, Cause of Action Accrual, Equitable Estoppel

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Consumer Financial Services Newsletter - July 2016

Eighth Circuit Holds That Filing Accurate Proof of Claim on Time-Barred Debt Does Not Violate the FDCPA - Nelson v. Midland Credit Mgmt., Inc., No. 15-2984, 2016 WL 3672073 *1 (8th Cir. July 11, 2016) - On July 11,…more

Auto-Dialed Calls, Chapter 13, Consumer Bankruptcy, Debt Collection, FDCPA

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Health Law Alert: Pharmacies and Prescription Drug Dispensers...Are You Ready for The March 1, 2016 DSCSA Compliance Deadline?

In order to improve drug security throughout the supply chain, and to facilitate drug recalls and to address drug importation, diversion, and counterfeiting, Congress passed the Drug Supply Chain Security Act (the "DSCSA"). The…more

Drug Distribution, DSCSA, FDA, Manufacturers, Pharmaceutical Industry

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Consumer Financial Services Newsletter - June 2016

Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the United…more

Affidavits, Appeals, Borrowers, Consumer Bankruptcy, Debt Collectors

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Absent a Fee-Sharing Agreement Signed by Client, Referring Attorney Cannot Recover Fees From Receiving Attorney

Naughton v. Pfaff, 2016 IL.App (2nd) 150360 - Brief Summary - A referring attorney sought to recover under an oral fee-sharing agreement with another attorney, alleging that their agreement constituted a joint venture…more

Attorney's Fees, Breach of Contract, Fee-Sharing, Fiduciary Duty, Joint Venture

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Consumer Financial Services Newsletter - May 2016

Debt Collection Letters Now Have a Safe Harbor In The Second Circuit - Avila v. Riexinger & Associates, LLC, 15-1548, --- F.3d ---- , 2016 WL 1104776 (2d Cir. March 22, 2016) - The U.S. Court of Appeals for the Second…more

Class Action, Class Representatives, Debt Collection, FDCPA, Homeowners' Association

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Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

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Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

See All Updates »

Consumer Financial Services Newsletter - July 2016

Eighth Circuit Holds That Filing Accurate Proof of Claim on Time-Barred Debt Does Not Violate the FDCPA - Nelson v. Midland Credit Mgmt., Inc., No. 15-2984, 2016 WL 3672073 *1 (8th Cir. July 11, 2016) - On July 11,…more

Auto-Dialed Calls, Chapter 13, Consumer Bankruptcy, Debt Collection, FDCPA

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California Court Expands Going and Coming Rule

Craig Schultz was a drafter for a civilian company that had several buildings located on a large U.S. Air Force base. He drove his personal vehicle onto the base, and was permitted to travel around the base and use military…more

Employer Liability Issues, Going and Coming Rule, Military Service Members, U.S. Navy, Workplace Injury

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California Insurance-Related Bills Signed into Law

September 30, 2014, was the deadline for Governor Jerry Brown to take action on bills passed by the California Legislature during the 2014 regular legislative session. Here are summaries of noteworthy insurance-related bills…more

Insurance Holding Company, Insurance Industry, Insurance Reform

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Aching Joints: Franchisor Avoids Liability for Franchisee's Labor Disputes

Any time an employer is involved in a franchise relationship, there are bound to be unique issues when legal disputes arise, particularly in the employment context. It is no longer surprising to see the names of any and all…more

CNN, Employer Liability Issues, Franchise Agreements, Franchisee, Franchises

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Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

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NLRB's Marina Del Rey Decision Provides a Primer On Keeping Employees Out of the Workplace After Hours

In the day and age when employees are working longer hours than ever, would an employer want to ban employees from workplace premises after their shift is over? Marina Del Rey Hospital did, and implemented a policy preventing…more

Anti-Union Actions, Corporate Counsel, Employee Rights, Employer Liability Issues, NLRA

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Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the…more

Appeals, Arbitration, Arbitration Agreements, Arbitration Fees, Attorney Malpractice

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Proposed Changes to Model Rule 8.4 (or Something Like Them) May Already Be in Effect in Your Jurisdiction

The ABA Standing Committee on Ethics and Professional Responsibility has recently proposed amending the ABA Model Rules of Professional Conduct to add to Rule 8.4 a prohibition against harassment or discrimination based on race,…more

American Bar Association (ABA), Anti-Discrimination Policies, Anti-Harassment Policies, Legal Ethics, Model Rules

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A Federal Judge Said Some Really Nasty and Unfair Things About Me—Can I Appeal?

What standards apply in the federal circuit courts to appeal a finding that a lawyer acted improperly? One particularly confusing area of ethics practice is the test in federal circuit courts to appeal a “finding” that a…more

Appeals, Attorney Misconduct, Ethics, Legal Ethics, Sanctions

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Court Dismisses Case For No Diversity Jurisdiction 2 Days After Filing

In an unusual display of speedy discretion, federal District Judge Sheri Polster Chappell wasted no time in dismissing the complaint on a public works payment bond filed by Advance Industrial Coating, LLC in Advance Indus…more

Contractors, Diversity Jurisdiction, Federal Jurisdiction, Insurance Industry, Jurisdiction

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862 (Feb…more

Attorney Misconduct, Attorney-Client Privilege, Client Representation, Conflicts of Interest, Contract Terms

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Trees Grow Back -- Paper Your File

Papering your file (or PDFing an electronic file) is an important, if underappreciated, method to protect both you and your clients. Regular memos to a file will help cut down time necessary to analyze a new development in your…more

Attorney Malpractice, Discovery, Document Review, Legal Project Management, Young Lawyers

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Consumer & Class Action Litigation Newsletter - January 2016

Plaintiff's Attempts to Turn Alleged "Clicking" and "Dead Air" into a TCPA Violation Rejected - Norman v. AllianceOne Receivables Mgmt., Inc., No. 15-1780, 2015 WL 9286778 (7th Cir. Dec. 22, 2015) - The Seventh Circuit…more

Class Action, Debt Collectors, FDCPA, Foreclosure, HOA

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Florida Issues Ethics Guidance for Accountants Advising Marijuana Businesses

The Florida Board of Accountancy recently joined a small group of states in issuing guidance on whether providing accounting services to a marijuana related business violates an accountant's ethical requirements. The Board…more

Accounting, Accounting Standards, CPAs, Ethics, Marijuana

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Sony and Its Insurers Wrangle over Coverage for Data Breach

According to a Law360 report, Sony Corp.’s lawyers recently asked a New York appeals court to overturn a trial court’s ruling that a data breach did not involve the “publication” of private information within the meaning of…more

Class Action, Commercial General Liability Policies, Data Breach, Insurance Litigation, Personally Identifiable Information

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Ninth Circuit Holds That DOL May Expand Regulation of Employers’ Tip Pooling Practices

The restaurant and gaming industry lost a battle in the Ninth Circuit over whether employers that pay their workers at least the minimum wage are subject to Department of Labor regulations restricting tip pooling arrangements…more

DOL, FLSA, Gaming, Minimum Wage, Restaurant Industry

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Medical Litigation Newsletter - Spring 2016

Reducing Monetary Recovery in “Lost Chance Of [Medical] Recovery” Cases - In medical malpractice cases involving solely “iatrogenic” loss (e.g., harm of or relating to medical treatment), plaintiff bears the burden of proof…more

Burden of Proof, Damages, Hospitals, Independent Contractors, Medical Malpractice

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Consumer Financial Services Newsletter - June 2016

Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the United…more

Affidavits, Appeals, Borrowers, Consumer Bankruptcy, Debt Collectors

See All Updates »

Settle and Pay? The California Supreme Court Says, “Yes.”

A plaintiff who voluntarily dismisses a lawsuit after entering into a monetary settlement may be a “prevailing party” entitled to costs and fees under California law. deSaulles v. Community Hospital of the Monterey…more

Corporate Counsel, Fee Awards, Litigation Fees & Costs, Prevailing Party, Settlement

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Be Careful How, And With Whom, You Associate

Attorney associations are valuable means to reduce overhead and expenses, and provide support for sole practitioners. However, casually creating an association can give rise to issues, including increased exposure to vicarious…more

Legal Ethics, Limited Liability Companies, Rules of Professional Conduct, Vicarious Liability, Young Lawyers

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Federal Government Issues Guidance to Schools on Title IX and Transgender Students

In a move that made headlines across the country, two federal government agencies issued a significant guidance document last week interpreting Title IX's requirements for protecting transgender students' rights…more

DOJ, Educational Institutions, FERPA, Gender Discrimination, Gender Identity

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NY Strengthens Law Concerning Zombie Properties as Well as Good Faith Negotiations

New York Senate Bill S8159 - On June 23, 2016, the New York State Legislature passed a bill imposing new requirements upon mortgage servicers seeking to foreclose on defaulted home loans. The bill — S8159, dubbed the…more

Abandoned Property, Borrowers, Consumer Bill of Rights, Foreclosure, Good Faith

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Contact

One California Street
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San Francisco, CA 94111, United States

Contact: Carrie Ephgrave, Marketing Practice Group Manager

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Areas of Practice
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400+ Attorneys

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