Hinshaw & Culbertson LLP

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

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
| Civil Procedure, Civil Remedies, Labor & Employment Law, Privacy, Intellectual Property

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
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

The Writing is on the Wall, Yet Seventh Circuit Holds Sexual Orientation Is Not a Protected Class Under Title VII

Earlier this week, the Seventh Circuit Court of Appeals held in Hively v. Ivy Tech Community College that Title VII does not protect employees or offer redress for discrimination based on sexual orientation. As a result,…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Civil Rights, Labor & Employment Law

CFPB Gives Preview of Changes Coming to the Collection Industry

On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) issued a detailed outline of proposals that address some of the hot topic issues in the collection industry. Before they become rules, these proposals will first…more
| Civil Procedure, Consumer Protection, Finance & Banking

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
| Elections & Politics, Health, Privacy, Science, Computers, & Technology

Commonsense Misconduct Not so "Common": Illinois Supreme Court Significantly Narrows Use of Commonsense Rationale in Employee Dismissal Cases for Misconduct under the Unemployment Insurance Act

In the absence of a rule prohibiting specific conduct, employers can no longer rely merely on what one would deem "commonsense" to deny unemployment benefits. In Petrovic v. Department of Employment Security, the Illinois…more
| Administrative Law, Civil Procedure, Insurance, Labor & Employment Law

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
| Bankruptcy, Civil Procedure, Consumer Protection, Finance & Banking, Privacy

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Personal Injury, Professional Malpractice, Wills, Trusts, & Estate Planning

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
| Consumer Protection, Finance & Banking, Real Estate - Residential
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