Hinshaw & Culbertson LLP

EEOC’s Updated Retaliation Enforcement Guidance Seeks to Expand the Reach of its Anti-Retaliation Laws

Effectively responding to employee discrimination complaints by current employees without running afoul of federal and state anti-retaliation laws presents a slippery slope for all employers. In fact, retaliation complaints…more
| Civil Rights, Labor & Employment Law

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
| Consumer Protection, Health, Science, Computers, & Technology

Captivating! NLRB Reverses 57-Year-Old Decision, Expands "Captive Audience" Rule in Mail Ballot Elections

In conjunction with other recent changes to its rulings regarding organizing and elections, the National Labor Relations Board recently ruled to expand the period of time during which "captive audience" meetings are banned in…more
| Civil Procedure, Labor & Employment Law

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
| Civil Procedure, Civil Remedies, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Mistakes Happen - How to Respond When They Do

Attorneys are human. They make mistakes. However, how an attorney responds to a mistake may be more important than the mistake itself. In the face of potential civil liability, sanctions or disciplinary proceedings, care must…more
| Law Practice Products & Services

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
| Civil Procedure, Communications & Media Law, Consumer Protection, Finance & Banking, Real Estate - Residential

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
| Civil Procedure, Health

EEOC Announces Plan to Begin Collecting Pay Data on EEO-1 Reports

The Equal Employment Opportunity Commission (EEOC) announced last Friday a proposed rule that will require all employers with 100 or more employees to report pay and hours based on their employees' race and gender. The rule…more
| Civil Rights, Labor & Employment Law

More Changes Ahead to the Rules of Professional Conduct?

Rule 8.4 of the Model Rules of Professional Conduct is a bit of a catch-all. In general terms, it prohibits "lawyer misconduct." Even more ambiguous, Rule 8.4(d) prohibits "conduct prejudicial to the administration of justice."…more
| Civil Procedure, Civil Rights

Client Agreement and Failure to Terminate Representation Under the Terms of Client Agreement Results in Firm's Disqualification Under Concurrent Representation Rule

Brief Summary - In 2013, three shareholders sued: (1) each other for breach of fiduciary duties; and (2) their company for involuntary dissolution. The law firm that represented one of the shareholders had been retained by…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts

Illinois Appellate Court Reinforces Rule Providing Immunity to Attorneys for Errors in Judgment

Judgmental immunity is alive and well in Illinois. Navar v. Tribler, Orpett & Meyer, P.C., 2015 WL 6163619 (Ill. App. Ct. Oct. 19, 2015). A recent Illinois appellate court decision held that a rule affording…more
| Civil Procedure, Professional Malpractice

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
| Civil Procedure, Commercial Law & Contracts, Professional Malpractice, Wills, Trusts, & Estate Planning

In New Guidance, DOL Gets Aggressive on "Joint Employment"

By issuing a new interpretative document (bearing the catchy title “Administrator’s Interpretation No. 2016-1”), the U.S. Department of Labor's Wage and Hour Division has attempted to clarify the concept of “joint employment”…more
| Commercial Law & Contracts, Labor & Employment Law

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
| Civil Procedure, Civil Remedies, Communications & Media Law, Constitutional Law

U.S. Supreme Court Rules Employers Cannot Avoid Class Actions By Offering Complete Relief to Plaintiffs

In a 5-3 decision, the United States Supreme Court affirmed the Ninth Circuit’s decision in Campbell-Ewald Co. v. Gomez, holding that an unaccepted settlement offer or offer of judgment providing for an individual plaintiff…more
| Civil Procedure, Constitutional Law, Labor & Employment Law
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