Hinshaw & Culbertson LLP

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
| Civil Procedure, Professional Malpractice

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
| Health

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
| Insurance, Professional Malpractice

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
| Civil Rights, Commercial Law & Contracts, Constitutional Law

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
| Civil Procedure, Labor & Employment Law

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
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Civil Procedure, Civil Remedies, Consumer Protection, Finance & Banking, Real Estate - Residential

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
| Administrative Law, Constitutional Law, Criminal Law, Labor & Employment Law, Privacy

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
| Health, Privacy, Science, Computers, & Technology

Supreme Court of Nevada Holds That Legal Malpractice Claim Was Impermissibly Assigned

Tower Homes, LLC v. Heaton, ___ P.3d ___, 2016 WL 4273578 (Nev. 2016) - Brief Summary - The Supreme Court of Nevada held that a bankruptcy trustee's stipulation and court's order permitting creditors to pursue the…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Professional Malpractice

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
| Civil Procedure, Civil Rights, Labor & Employment Law

Illinois Court Holds That $6.5 Million Malpractice Claim Barred By Statute of Repose

Terra Foundation for American Art, et al. v. DLA Piper LLP (US), 2016 IL App (1st) 153285 - Brief Summary - Plaintiffs filed a legal malpractice action against defendant law firm that plaintiffs had retained in…more
| Civil Procedure, Professional Malpractice, Real Estate - Commercial

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
| Law Practice Products & Services

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
| Labor & Employment Law

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
| Professional Malpractice
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