Hinshaw & Culbertson LLP

Professional Responsibility Abroad: Your Rules Follow You

A California litigation attorney recently asked me if he could represent his American friend living in France. French law can be divided into two main categories, droit privé (private law) and droit public (public law). The…more

American Bar Association (ABA), Legal Ethics, Professional Responsibility, Young Lawyers

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Electronic Monitoring Notification and Consent Form Released

The Illinois Department of Public Health has released the Electronic Notification and Consent Form on Friday, January 29, 2016. The Authorized Electronic Monitoring in Long-Term Care Facilities Act (Public Act 099-0430)…more

Consent, Electronic Monitoring, Long Term Care Facilities, Public Health, Required Documentation

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EEOC Issues Final Regulations on Wellness Programs

Employers who provide employees with incentives to encourage healthy behavior must contend with an alphabet soup of federal law--ERISA, GINA, HIPAA, the ACA, the ADA, just to name a few. Earlier this week, the EEOC weighed in…more

ADA, Affordable Care Act, EEOC, ERISA, GINA

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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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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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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 & 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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What Employers Need to Know About Shrinking Overtime Exemptions

The hour has arrived. Last summer, the Wage and Hour Division of the Department of Labor announced substantial revisions to federal regulations regarding who is exempt from overtime pay. After almost a year of waiting, the DOL…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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HHS Implements HIPAA Phase II Audit Program: What You Need to Know

Recently, the Health and Human Services Office of Civil Rights announced that it has implemented its HIPAA Phase II Audit Program. Some entities may have already received initial emails from the Office of Civil Rights (OCR)…more

Business Associates, Covered Entities, HHS, HIPAA, HIPAA Audits

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Statutory Elimination of the Real Estate Broker's Fiduciary Duty

Will the California Supreme Court’s anticipated decision in Hiroshiike v. Coldwell Banker Residential Brokerage Company, significantly impact real estate agency law and the fiduciary duty of real estate agents? 25 states have…more

CA Supreme Court, Fiduciary Duty, National Association of Realtors, Real Estate Brokers

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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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Is the American Rule Dead in New Jersey?

Ok, so maybe "dead" is a bit hyperbolic, but the New Jersey Supreme Court's decision in Innes v. Marzano-Lesnevich, No. 074291, ___ N.J. _____ (N.J. Apr. 26, 2016) has raised serious questions about just how far the New Jersey…more

American Rule, Attorney Malpractice, Attorney's Fees, Fee-Shifting, Fiduciary Duty

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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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PRACTICING WITHOUT A NET: Protecting Your Firm By Agreement

Attorneys come to us when contemplating the creation or expansion of their firms, when they want to leave their firm, or are dealing with the fallout of another member leaving. While many law firms have taken advantage of the…more

Law Firm Associates, Law Firm Partners, Law Practice Management, Legal Ethics, Limited Liability Companies

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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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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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EEOC Issues Final Regulations on Wellness Programs

Employers who provide employees with incentives to encourage healthy behavior must contend with an alphabet soup of federal law--ERISA, GINA, HIPAA, the ACA, the ADA, just to name a few. Earlier this week, the EEOC weighed in…more

ADA, Affordable Care Act, EEOC, ERISA, GINA

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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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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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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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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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Health Alert: CMS and AHIP Announce New Clinical Quality Measures

On February 16, 2016, the Centers for Medicare & Medicaid Services (CMS) and America's Health Insurance Plans (AHIP), in collaboration with physician groups and other stakeholders, released seven sets of clinical quality…more

CMS, Collaboration, Healthcare, Quality Control Plan

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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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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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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 - 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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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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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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11th Circuit Upholds Bar on Claims by Jail Officer with Cancer

The Eleventh Circuit recently held that an officer at a county jail in Florida who was undergoing treatment for cancer cannot proceed with her Americans with Disabilities Act ("ADA") claim because she failed to identify a…more

ADA, Essential Functions, FMLA, Law Enforcement, Reasonable Accommodation

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Informing Illinois Newsletter - February 2016: Personal Documents Stored on a Government Computer System — Disclosable Under Illinois' FOIA?

Personal Documents Stored on a Government Computer System — Disclosable Under Illinois' FOIA? Not all documents created or stored on a government computer system are subject to disclosure under Illinois' Freedom of…more

Email, FOIA, Privacy Policy, Public Disclosure, Public Employees

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Electronic Monitoring Notification and Consent Form Released

The Illinois Department of Public Health has released the Electronic Notification and Consent Form on Friday, January 29, 2016. The Authorized Electronic Monitoring in Long-Term Care Facilities Act (Public Act 099-0430)…more

Consent, Electronic Monitoring, Long Term Care Facilities, Public Health, Required Documentation

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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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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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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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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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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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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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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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Employment Practices Newsletter - February 2016

In New Guidance, DOL Gets Aggressive on “Joint Employment” - By issuing a new interpretative document in January, the U.S. Department of Labor’s Wage and Hour Division attempted to clarify the concept of “joint employment”…more

Campbell Ewald v Gomez, Class Action, Class Representatives, Controlled Substances Act, DOL

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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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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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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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Groundbreaking Healthcare Nondiscrimination Rule Issued by HHS: What It Means for Covered Entities

HHS late last week issued a Final Rule prohibiting discrimination in healthcare on the basis of race, color, national origin, sex, age or disability. The Rule also broadens protection for individuals with limited English…more

Affordable Care Act, Anti-Discrimination Policies, Civil Rights Act, Covered Entities, Federal Funding

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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 - February 2016: Personal Documents Stored on a Government Computer System — Disclosable Under Illinois' FOIA?

Personal Documents Stored on a Government Computer System — Disclosable Under Illinois' FOIA? Not all documents created or stored on a government computer system are subject to disclosure under Illinois' Freedom of…more

Email, FOIA, Privacy Policy, Public Disclosure, Public Employees

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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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Agent Had No Duty to Produce Additional Insurance Coverage For Lost Rent and Soft Cost Without a Specific Request

Professional Lines Alert - APM, LLLP v. TCI Insurance Agency, Inc., No. 20150243, Supreme Court of North Dakota, March 15, 2016 - Plaintiff, a property management company, was seeking a builder's risk insurance policy…more

Builder's Risk Exclusion, Insurance Agents, Loss Coverage, Negligence, Property Damage

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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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Where Do I Pee? “The Bathroom Corresponding to Your Gender Identity Says the EEOC

Bathroom use by transgender individuals is today’s hot-button civil rights issue. The often strong and disparate opinions about the subject creates a conundrum for employers: How do we make everyone comfortable while ensuring a…more

EEOC, Employee Restrooms, Employer Liability Issues, Gender Discrimination, Gender Identity

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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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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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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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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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Avoiding the Upsurge in Trust, Probate and Estate Planning Malpractice

The number of lawsuits against trust, probate and estate planning attorneys has significantly increased over the last several years. Today, trust, probate and estate planing attorneys are charged with legal malpractice and…more

Attorney Malpractice, Attorney-Client Privilege, Breach of Duty, Conflicts of Interest, Fiduciary Duty

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Amex Employment Arbitration Policy Held Unlawful by NLRB

Amex Card Services Company ("Amex") operates a call center in Phoenix, AZ. Amex required all new hires to sign an acknowledgement form acknowledging receipt and understanding of its Arbitration Policy as a condition of…more

Ambiguous, American Express, Arbitration, NLRA, NLRB

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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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Informing Illinois Newsletter - February 2016: Personal Documents Stored on a Government Computer System — Disclosable Under Illinois' FOIA?

Personal Documents Stored on a Government Computer System — Disclosable Under Illinois' FOIA? Not all documents created or stored on a government computer system are subject to disclosure under Illinois' Freedom of…more

Email, FOIA, Privacy Policy, Public Disclosure, Public Employees

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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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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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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 - 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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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 - 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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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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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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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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California Court Reluctantly Vacates Dismissal of Legal Malpractice Action

Younessi v. Woolf (Cal. Ct. App. Feb. 16, 2016) - Brief Summary - The California Court of Appeal, Fourth District, reluctantly affirmed an order vacating the dismissal of an attorney malpractice action where plaintiffs…more

Appeals, Attorney Malpractice, Default, Demurrers, Dismissals

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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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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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Contact

One California Street
18th Floor
San Francisco, CA 94111, United States

Contact: Carrie Ephgrave, Marketing Practice Group Manager

  • 415-362-6000
  • 415-834-9070

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Class Action
  • Commercial Law & Contracts
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Taxation
  • Worker’s Compensation
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Florida
  • Illinois
  • Indiana
  • Massachusetts
  • Minnesota
  • Missouri
  • New York
  • Rhode Island
  • Wisconsin
Other Countries
  • United Kingdom
Number of Attorneys

400+ Attorneys

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