Hinshaw & Culbertson LLP

Texas Court Declines to Enjoin OSHA's Anti-Retaliation Rules

In the last few weeks, federal courts in Texas have been the center of attention, deciding what rules and regulations of the current administration may fall to legal challenges asserted in the jurisdiction by collections of…more
| Civil Remedies, Labor & Employment Law

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

Aiding and Abetting the Unauthorized Practice of Law — Conducting a Due Diligence Background Check for Incoming Lawyers and Lateral Hires - The Case: Kimberly Kitchen began working at BMZ Law PC part-time in 2005. She…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

EEOC Issues New Guidance on National Origin Discrimination

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidelines regarding national origin discrimination. Since 2002, the EEOC has observed significant legal developments…more
| Civil Rights, Labor & Employment Law

Overtime Expansion Over? Texas District Court issues Nationwide Injunction of Expanded Federal Overtime Rules

What Happened? - A federal judge has blocked the U.S. Department of Labor (DOL) from implementing new regulations under the Fair Labor Standards Act (FLSA) that expand overtime eligibility to 4.2 million salaried workers…more
| Civil Remedies, Labor & Employment Law

Consumer Financial Services Newsletter - November 2016

D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second - The future of the Consumer Financial Protection Bureau (CFPB) is up for grabs following a landmark Court of Appeals Decision, PHH Corporation v. Consumer…more
| Civil Procedure, Constitutional Law, Consumer Protection, Elections & Politics, Finance & Banking

U.S. District Court Issues Preliminary Injunction Stalling and Possibly Precluding CMS’ Final Rule’s Ban on Long-Term Care Resident Arbitration Agreements

On November 7, 2016, Judge Michael P. Mills of the United States District Court for the Northern District of Mississippi issued an Order temporarily preventing CMS from implementing its Final Rule banning pre-dispute arbitration…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Health

Peering into Hinshaw’s Crystal Ball: How the Trump Administration May Affect Labor and Employment Landscape

With the election of Donald Trump and transition to a Republican administration looming, employers are scrambling to predict what impact Trump will have on labor and employment policy and enforcement initiatives. What employers…more
| Civil Rights, Commercial Law & Contracts, Elections & Politics, Labor & Employment Law

Life Insurance Industry Loses Challenge to Department of Labor Fiduciary Liability Rules

The National Association for Fixed Annuities v. Perez, Civ. 16-1035 (RDM), United States District Court for the District of Columbia, November 4, 2016 In a widely anticipated ruling, the National Association for Fixed…more
| Civil Procedure, Insurance, Labor & Employment Law

In-Firm Privilege: Lawyers Have Legal Problems Too

For many years in the modern era of law firms, a few federal district court decisions starting in the 1980s set forth the notion that lawyers and law firms could not invoke the attorney-client privilege to shelter communications…more
| Civil Procedure, Law Practice Products & Services

Florida’s Highest Court Says Each Default Resets Statute of Limitations for Foreclosure Actions

Bartram v. U.S. Bank National Association, et al., --- So. 2d. ---- (Fla. Nov. 3, 2016) - In Bartram, the Supreme Court of Florida held that acceleration of payments due under a residential note and mortgage in a…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

Consumer Financial Services Newsletter - October 2016

Courts Are Giving "Standing" Teeth After Spokeo - Since the U.S. Supreme Court ruling in Spokeo, Inc., v. Robins, courts have further clarified and interpreted the Spokeo decision. Spokeo held that (i) in order to establish…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection, Finance & Banking

Online Attorney Referral Networks and Sharing Fees with a Non-Lawyer

It seems everything is moving online these days, including legal services. In a time when more people are apt to send an email or a text than pick up the phone, when people increasingly shop, bank, and even date online, it seems…more
| Law Practice Products & Services, Science, Computers, & Technology

The Lawyers' Lawyer Newsletter - Halloween Issue October 2016

TRICK OR TREAT! The editors of the Halloween edition of the Lawyers' Lawyer Newsletter invite you to enjoy frightening tales of shocking assaults by non-clients on an unsuspecting law firm; a lawyer's nail-biting escape from a…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Securities Law

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. That order, signed in 2014 and…more
| Alternative Dispute Resolution (ADR), Civil Rights, Commercial Law & Contracts, Government Contracting, Labor & Employment Law

Cook County Passes Paid Sick Leave

Paid sick leave will be coming to a suburb near you beginning July 1, 2017. On October 5, 2016, the Cook County Board of Commissioners adopted a paid sick leave ordinance that mirrors the Chicago Ordinance passed earlier this…more
| Labor & Employment Law
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