Hinshaw & Culbertson LLP

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151 North Franklin Street
Suite 2500
Chicago, IL 60601, United States
Phone: 312-704-3000
Practice Groups
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Education
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  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
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Locations
Other U.S. Locations
  • Arizona
  • California
  • D.C.
  • Florida
  • Illinois
  • Indiana
  • Louisiana
  • Massachusetts
  • Minnesota
  • Mississippi
  • Missouri
  • New Jersey
  • New York
  • Rhode Island
  • Texas
  • Wisconsin
Number of Attorneys
400+ Attorneys

[Webinar] Executive Director Legal Pitfalls – The Defense Attorney Perspective - January 26th, 1:30 pm - 2:30 pm PT

As an assisted living Executive Director (ED), you are charged with minimizing risk and preventing legal liability. But in practical terms, do you understand the legal framework that affects your day-to-day decisions? Join…more

Assisted Living Facilities (ALFs), Business Strategies, California, Continuing Legal Education, Defense Strategies

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Utah Governor Cox Signs Bill to Repeal Collection Agency Registration Requirements

Effective May 3, 2023, Utah House Bill 20 (Collection Agency Amendments) will repeal a majority of Utah's collection agency statutes located in Title 12 of the Utah Code. Signed by Utah Governor Spencer Cox on March 13, 2023,…more

Collection Agencies, Consumer Financial Products, Debt Collectors, Financial Services Industry, Registration Requirement

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West Virginia v. EPA: Insurers Should Consider How Big of a Bite the U.S. Supreme Court Took Out of the "E" in ESG

We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua…more

Biden Administration, Clean Air Act, Clean Power Plan, Climate Change, Commercial General Liability Policies

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Illinois Civil Procedure Amendment Imposes 6% Prejudgment Interest in Personal Injury and Wrongful Death Actions

On May 28, 2021, Illinois Governor J.B. Pritzker signed an amendment to the Illinois Code of Civil Procedure, 735 ILCS 5/2-1303, that applies a 6% prejudgment interest rate on all damages awarded in personal injury and wrongful…more

Bodily Injury, Damages, Governor Pritzker, Litigation Strategies, New Legislation

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Reviewing Employer Health Plan Coverages in the Post-Roe Era

With the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, employers should review their employee benefit plans and assess their options and obligations in offering group health plan…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Assistance Programs, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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DOL Proposes Increases in Exempt Employee Salary and Annual Compensation Requirements

​​On August 30, 2023, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to update and revise the salary requirements under the Fair Labor Standards Act (FLSA) for exemptions from minimum wage and…more

Compensation, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Wage and Hour

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The SAFE Banking Act: Financial Services for Marijuana and Hemp Businesses

I. Marijuana - Currently, 31 states plus the District of Columbia allow the recreational use of marijuana. In addition, 37 states and the District of Columbia currently allow marijuana to be used for medical purposes…more

Decriminalization of Marijuana, Depository Institutions, Financial Institutions, Financial Services Industry, Legislative Agendas

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Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave…more

Accrual Requirements, Carryover Basis, City of Chicago, Compliance, Covered Employees

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Attention Minnesota Employers: Duluth Set to Implement New Earned Sick and Safe Time Leave Requirements

On January 1, 2020, the city of Duluth will join Minneapolis and St. Paul in imposing new sick and safe time leave requirements on employers. Specifically, employers with five or more employees—regardless of where those…more

Earned Sick Time, Paid Leave, Paid Time Off (PTO), Sick Leave, Sick Pay

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Maine Supreme Court Revisits Reverses its Controversial 2017 One-and-Done Foreclosure Decision

A highly contested and controversial legal defense to residential foreclosures in Maine resurfaced earlier this month with the Maine Supreme Judicial Court's decision in Finch v. U.S. Bank, N.A. Finch renewed the legal question…more

Borrowers, Financial Services Industry, Foreclosure, Judicial Foreclosure Process, Mortgage Lenders

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[Webinar] Labor & Employment Regional Law Updates - January 10th, 12:00 pm - 1:00 pm PDT

Join us for Hinshaw’s Labor & Employment Regional Law Updates, two exclusive legal webinars on the latest trends in employment law for companies. As organizations of all sizes navigate an ever-evolving legal landscape,…more

Best Practices, Continuing Legal Education, Employer Liability Issues, Employment Policies, Federal Labor Laws

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The LHD/ERISA Advisor: District Court Holds that Plan Administrator Was ERISA Fiduciary

In Technibilt Grp. Ins. Plan & Technibilt, Ltd v. Blue Cross & Blue Shield of North Carolina (W.D. N.C., Feb. 3, 2020), a North Carolina district court held that a plan administrator was an ERISA fiduciary for the purpose of…more

Breach of Duty, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Fiduciary Duty, Health Insurance

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FAQs: CMS Issues Emergency Regulation Mandating Workforce COVID-19 Vaccinations by Medicare/Medicaid-Certified Providers and Suppliers

On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an emergency regulation, requiring the workforce of Medicare- and Medicaid- certified providers and suppliers to be fully vaccinated against COVID-19…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Facilities, Healthcare Workers

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New York City Department of Consumer and Worker Protection Issues Proposed Amendments to its Rules Relating to Debt Collectors

In September, the New York City Department of Consumer and Worker Protection (DCWP) requested comment on proposed amendments to its rules relating to debt collectors, which could significantly change the requirements and…more

City of New York, Credit Reporting Agencies, Debt Collection, Disclosure Requirements, Medical Debt

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[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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New Tax Law Provides Employer Tax Credit for Compensation Paid to Employees While on Family and Medical Leave

The new federal tax law, signed by President Trump in December, contains a number of provisions that will impact the workplace and employers. In a previous alert, we described how the new tax law eliminated the ability to claim…more

Family and Medical Leave Act (FMLA), Medical Leave, Tax Credits

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Unpacking the U.S. Supreme Court's Unanimous Facebook Decision Narrowing the TCPA's Autodialer Definition

A unanimous United States Supreme Court (SCOTUS) on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted…more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, FCC, Random or Sequential Number Generator

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Illinois Workers' Compensation Commission Notice of Emergency Amendment Regarding COVID-19

On April 13, 2020, the Illinois Workers' Compensation Commission adopted an emergency rule stating that First Responders and employees in a broad range of industries who develop COVID-19 are "rebuttably presumed" to have…more

Amended Rules, Coronavirus/COVID-19, First Responders, Infectious Diseases, Rebuttable Presumptions

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[Webinar] Insights and Practical Considerations for Business Owners and Lenders Navigating the COVID-19 Pandemic - March 31st, 2:00 pm ET

Businesses across the U.S. are being forced to "figure it out as they go" during this unprecedented COVID-19 pandemic. We want to help. This webinar will provide targeted insights and suggestions aimed at helping you navigate…more

Business Ownership, Coronavirus/COVID-19, Default, Employee Benefits, Filing Deadlines

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10 Things You Need to Know About the Recreational Cannabis Legalization Bill Recently Introduced to the Minnesota Legislature

Many years ago, the Beatles released a hit song titled "Got to Get You Into my Life," a veiled reference to cannabis use. Recently, the Minnesota legislature took a significant step toward bringing adult recreational use…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Marijuana, Marijuana Cultivation

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US Supreme Court Ruling Allows California Employers to Enforce Arbitration Agreements and Limit PAGA Claims

The United States Supreme Court's recent decision in Viking River Cruises v. Moriana, No. 20–1573 (June 15, 2022) benefits California employers as it will make it easier for them to enforce arbitration agreements related to…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Preemption, Private Attorneys General Act (PAGA)

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[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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Estate Planning Newsletter - December 2018

Welcome to the Hinshaw Estate Planning Newsletter, designed to help you stay up to date on current estate planning topics, as well as other relevant legal developments and trends…more

529 Plans, Asset Protection, Charitable Deductions, Digital Assets, Estate Planning

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[Virtual Program] Labor & Employment Regional Law Update - July 26th, 1:00 pm - 2:00 pm EDT

Join us for Hinshaw's Labor & Employment Regional Law Update. Our practical and engaging virtual program will examine the most pressing issues affecting employers today…more

Continuing Legal Education, Employer Liability Issues, Employment Policies, Federal Labor Laws, Hiring & Firing

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ESG Continues to Extend its Reach into Global Supply Chains

ESG Continues to Extend its Reach into Global Supply Chains - In our latest edition of the ESG Business Insights alert series, we take a look at why Environmental, Social, and Governance (ESG) is no longer a matter of concern…more

Amazon, Disclosure Requirements, Environmental Social & Governance (ESG), EU, Federal Acquisition Regulations (FAR)

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Practical Tips to Mitigate the Risk of Being Hacked by Fake IRS or Google Voice Scams

Risk Management Question - What are some of the newest hacking scams that may affect law firms and other businesses? The Issue - On October 27, 2021, the Federal Trade Commission (FTC) issued warnings to be on alert for…more

Cybersecurity, Data Protection, Data Security, Data Theft, Federal Trade Commission (FTC)

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Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave…more

Accrual Requirements, Carryover Basis, City of Chicago, Compliance, Covered Employees

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[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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[Webinar] Defending the Traumatic Brain Injury (“TBI”) Case – The Objective vs. The Subjective - October 12th, 1:30 pm - 2:30 pm EST

Hinshaw is pleased to partner with the American Educational Institute and Society of Claim Law Associates for a presentation on Defending the Traumatic Brain Injury ("TBI") Case - The Objective vs. The Subjective. Hinshaw…more

Continuing Legal Education, Defense Strategies, Evidence, Insurance Claims, Insurance Industry

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OSHA Guidance on Preparing to Return to Work Includes Recommendations for White Collar Businesses

The Occupational Health and Safety Act (the OHS) was signed into law in 1970 and established the Occupational Health and Safety Administration (OSHA), as part of the U.S. Department of Labor. Under the so-called "general duties"…more

Air Quality Standards, ASHRAE, Coronavirus/COVID-19, Employee Restrooms, Employer Liability Issues

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California Prohibits PBM Discriminatory Practices Against 340B Program Covered Entities and Contract Pharmacies

The 340B Drug Program requires pharmaceutical manufacturers participating in the Medicaid program to provide covered outpatient drugs at significantly reduced prices to certain health care organizations and programs, referred to…more

California, Covered Entities, Enforcement, Medicaid, Payment Systems

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Louisiana Private Education Lender Registration Added to the Nationwide Multistate Licensing System and Registry

As of January 1, 2024, the Louisiana Office of Financial Institutions (OFI) is accepting registration of private education lenders. This registration requirement is applicable to nonexempt businesses making or holding private…more

Colleges, Educational Institutions, Lenders, Louisiana, Private Student Loans

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California Law Prohibits No-Rehire Provisions in Settlement Agreements

California law typically frowns on contracts that restrict a person's ability to engage in trade for their chosen profession. In keeping with this philosophy, the California legislature has passed AB 749, which was recently…more

Employer Liability Issues, No-Hire/No-Solicitation Agreements, Settlement Agreements

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The LHD/ERISA Advisor: ERISA Exhaustion Requirement Not Satisfied by Verbal Appeal When Plan Required Written Appeal

In Ligotti v. United Healthcare Services, 2021 U.S. Dist. LEXIS 106992 (S.D. Fla., June 8, 2021), a Florida district court held that a health care provider challenging claim denials on behalf of his patients cannot satisfy…more

Additional Discovery, Administrative Remedies, Appeals, Discovery, Employee Benefits

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[Virtual Program] Labor & Employment Regional Law Update - July 26th, 1:00 pm - 2:00 pm EDT

Join us for Hinshaw's Labor & Employment Regional Law Update. Our practical and engaging virtual program will examine the most pressing issues affecting employers today…more

Continuing Legal Education, Employer Liability Issues, Employment Policies, Federal Labor Laws, Hiring & Firing

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Excess D&O Policy Not Triggered by Vizio's Smart TV Litigation Claim

An excess D&O insurer had no obligation to contribute to Vizio's settlement with its primary general liability insurer for liabilities arising from the Smart TV Litigation, a California federal district court has held. See…more

Commercial General Liability Policies, Covenant of Good Faith and Fair Dealing, D&O Insurance, Denial of Insurance Coverage, Equitable Contribution

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Eleventh Circuit Orders En Banc Rehearing of Hunstein Case and Vacates Opinion

Today, Hunstein took another unique—but favorable—turn for the debt collection industry. The Eleventh Circuit Court of appeals issued an order vacating its last opinion in Hunstein vs. Preferred Collection & Management Services,…more

Debt Collection, Debt Collectors, En Banc Review, FDCPA, Financial Services Industry

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Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act would…more

Insurance Industry, Negligence, New York, Proposed Legislation, Regulatory Agenda

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SEC Changes the Game for Private Fund Advisers – Summarizing the New "Restricted Activities Rule" and the "Preferential Treatment Rule"

In early 2022, the Securities and Exchange Commission (SEC) proposed a series of new rules and rule amendments aimed primarily at increasing transparency and protecting investors in private fund transactions. This August, the…more

Final Rules, Investment Adviser, Investors, New Amendments, New Rules

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Deciphering Forum Non-Conveniens: Global Law Firm Headquarters’ Location Deemed a Convenient Forum

Lehram Capital Investments, Ltd., et al. v. Baker & McKenzie International, et al., 2024 IL App (1st) 230095 (Feb. 14, 2024) - Brief Summary Plaintiffs Lehram Capital Investments (“Lehram”) and Daniel Rodriguez (“Rodriguez”)…more

Attorney Malpractice, Dispute Resolution, Forum, Forum Non Conveniens, Forum Selection

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[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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The LHD/ERISA Advisor: Court Rules LTD Benefits Properly Terminated After Plaintiff Failed to Undergo Recommended Surgery for Disability

In Hall v. Aetna Life Ins. Co., 2021 U.S. Dist. LEXIS 117331 (N.D. Cal. June 23, 2021), a California district court held that an ERISA claim administrator properly terminated long-term disability (LTD) benefits after the…more

Disability, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Long Term Disability Insurance

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[Webinar] Labor & Employment Regional Law Updates - January 10th, 12:00 pm - 1:00 pm PDT

Join us for Hinshaw’s Labor & Employment Regional Law Updates, two exclusive legal webinars on the latest trends in employment law for companies. As organizations of all sizes navigate an ever-evolving legal landscape,…more

Best Practices, Continuing Legal Education, Employer Liability Issues, Employment Policies, Federal Labor Laws

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New York Expands Anti-Discrimination Laws for Nonresident Job Seekers

On March 14, 2024, the New York Court of Appeals held that nonresident prospective employees who seek employment opportunities in New York State or New York City and are denied due to discriminatory conduct are eligible to…more

Discrimination, Employment Discrimination, Hiring & Firing, Human Rights, Job Applicants

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Sharing Fees Between Lawyers – Lawyers' Lawyer Newsletter - Do it Right or Pay the Price

The recent case of Edelson, P.C. v. Girardi, et al.[i] shows what can happen when a fee-sharing agreement goes bad. Edelson, P.C. claims that it acted as Illinois local co-counsel for California law firm Girardi Keese under an…more

Attorney's Fees, Client Services, Consent, Fee-Sharing, Law Firm Ownership

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California Expands Non-Economic Damages In Survival Actions

Effective January 1, 2022, plaintiffs in survival actions in California will be able to obtain damages for predeath pain, suffering, or disfigurement. This marks a dramatic change in California law that will likely impact the…more

Elder Abuse, Elder Care, Medical Malpractice, Negligence, New Legislation

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California Supreme Court Expands Protections for Employees Claiming to be "Whistleblowers"

On January 27, 2022, the California Supreme Court issued its Opinion in Lawson v. PPG Architectural Finishes, No. S266001, __ Cal. 5th ___, 2022 Cal. Lexis 312 (Jan. 27, 2022) regarding the proof paradigm in California…more

Affirmative Defenses, Burden of Persuasion, CA Supreme Court, Corporate Counsel, Employer Liability Issues

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[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

See all updates »

[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to…more

Affirmative Action, Artificial Intelligence, Asbestos, Biden Administration, Biometric Information Privacy Act

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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

American Bar Association (ABA), Client Services, Low-Income Issues, Pro Bono

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PUMP Act Makes Employers Liable for Violations of Break Times or Private Spaces for Nursing Mothers

Hopefully, employers are already providing a private space for nursing mothers to express milk and sufficient break time to do so as required by the Fair Labor Standards Act (FLSA). The Providing Urgent Maternal Protections for…more

Breastfeeding, Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA), Lactation Accommodation

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CWA Liability Expanded to Include Migrating Groundwater Contamination with a "Direct Hydrologic Connection" to Jurisdictional Surface Waters

On April 12, 2018, the Fourth Circuit Court of Appeals held that the Clean Water Act (CWA) regulates point source discharges through groundwater with a "direct hydrologic connection" to the surface water. The Court's 2-1…more

Citizen Suits, Clean Water Act, Groundwater, Pipelines

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Federal Trade Commission Suffers Setback in Major Hospital Merger Case

On Tuesday, June 14, 2016, U.S. District Judge Jorge Alonso of the Northern District of Illinois declined to grant the Federal Trade Commission (FTC) a preliminary injunction to temporarily stop a merger between Downers Grove,…more

Federal Trade Commission (FTC), Health Care Providers, Hospital Mergers, Hospitals, Preliminary Injunctions

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California Appellate Court Permits Debt Collection Suit against Mortgage Loan Servicer

Acknowledging a split of authority among the many federal courts reviewing whether a mortgage loan servicer falls within the FDCPA's definition of a "debt collector," one California appellate court has revived a putative class…more

Debt Collectors, FDCPA, Mortgage Servicers, Mortgages, Split of Authority

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Options for Conducting Annual Shareholder Meetings and Director Meetings During a Time of COVID-19 Shelter in Place Orders

As social distancing policies and mandates continue to take hold across the country, companies are grappling to understand the implications of these measures on their business. One compliance issue to resolve is that companies…more

Annual Meeting, Board Meetings, Board of Directors, Bylaws, Coronavirus/COVID-19

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Are You Ready to Comply With New State Data Privacy Laws?

In the first of our new Reel Shorts video series, Sabrina Janeiro considers the compliance challenges for companies posed by new state data privacy laws. Contact Sabrina at sjaneiro@hinshawlaw.com with any questions. Want to…more

Artificial Intelligence, Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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U.S. EPA Grants Louisiana Primacy for Class VI Geologic Sequestration Wells: What's Next?

Recently, the United States Environmental Protection Agency ("EPA") signed a final rule granting the State of Louisiana's request for primary responsibility for the permitting, compliance, and enforcement of Class VI (deep…more

Carbon Capture and Sequestration, Carbon Emissions, Drinking Water, Energy Projects, Environmental Justice

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Responding to State Board of Pharmacy Licensing and Regulatory Proceedings

State Boards of Pharmacy are responsible for protecting the health, safety and welfare of the public by regulating the legal distribution of prescription drugs in their respective states, and ensuring the quality of all drugs…more

Pharmaceutical Industry, Pharmacies, Pharmacist, State Boards

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The LHD/ERISA Advisor: Texas District Court Upholds Denial of LTD Benefits Because Claimant Did Not Prove Functional Limitations Within Benefit Waiting Period

In Calkin v. United States Life Ins. Co., 2021 U.S. Dist. LEXIS 82110 (S.D. TX., April 29, 2021), a Texas district court affirmed the insurer’s denial of LTD benefits, holding that while a claimant established diagnoses, he…more

Denial of Insurance Coverage, Disability, Employee Benefits, Employee Retirement Income Security Act (ERISA), Long Term Disability Insurance

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As COVID-19 Coverage Law Suits Are Filed, New Jersey Legislature Considers Mandated COVID-19 Business Interruption Coverage

The first COVID-19-related insurance coverage cases are now being filed. In Louisiana, a declaratory judgment action was brought against Certain Underwriters at Lloyd's, asking the court to rule that an all-risk policy provides…more

All-Risks Insurance, Business Interruption, Coronavirus/COVID-19, Corporate Counsel, Declaratory Judgments

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SBA Provides Additional Guidance on Review of Economic Uncertainty Certifications Made by PPP Loan Applicants

In the past few weeks, the U.S. Department of Treasury and Small Business Administration (SBA) have raised issues concerning the economic uncertainty certification made by both public and private companies in FAQs #31 and #37,…more

Borrowers, CARES Act, Certification Requirements, Coronavirus/COVID-19, Good Faith

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Lack of Standing Is Not Dead as a Defense to TCPA Actions

The Eleventh Circuit, in Salcedo v. Hanna, has concluded that receipt of a single unsolicited text, allegedly sent in violation of the Telephone Consumer Protection Act (the "TCPA"), does not constitute a sufficient "concrete…more

Article III, Constitutional Challenges, Split of Authority, Standing, TCPA

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How Much Is Too Much? Oral Arguments in Much Anticipated CFPB Funding Case Leave Justices Wondering

Early in October, the Supreme Court heard oral arguments in Consumer Financial Protection Bureau v. Community Financial Services Association of America Ltd (CFPB v. CFSA). The appeal stems from a 2021 Western District of Texas…more

Consumer Financial Protection Bureau (CFPB), Customs and Border Protection, Federal Reserve, Funding, Oral Argument

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Governor Newsom Issues Executive Order Creating Rebuttable Presumption of Workers' Compensation Compensability for COVID-19 Work-Place Related Illnesses

On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which provides that an employee's COVID-19 related illness "shall be presumed to arise out of and in the course of the employment for purposes of awarding workers'…more

Coronavirus/COVID-19, Employer Responsibilities, Executive Orders, Governor Newsom, Rebuttable Presumptions

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Second Circuit Rules Homeowners Established Article III Standing for Statutory Damages Claim

On May 10, 2021, ruling on an issue of first impression, the U.S. Court of Appeals for the Second Circuit in Maddox v. Bank of New York Mellon Trust affirmed denial of BNY Mellon's motion for judgment on the pleadings, finding…more

Article III, Financial Services Industry, Mortgage Lenders, Mortgages, Standing

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PERS Company Prevails at Trial of Wrongful Death Suit

A recent case involving a PERS (Personal Emergency Response System) was decided in the Appellate Court of Connecticut, Theodore v. Lifeline Sys. Co., 173 Conn. App. 291, 2017 Conn. App. LEXIS 211 (Conn. App. Ct. May 23, 2017)…more

Emergency Response, Negligence, Product Defects, Proximate Cause, Wrongful Death

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Don't Let Hackers Have a Holiday with Your Information

Risk Management Question - As the 2019 holiday season quickly approaches, you can expect a flood of holiday-themed scams. Malicious actors are ready and waiting to exploit the goodwill of the holiday season by trying to trick…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Hackers

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FAA’s Michael Whitaker Appointed Administrator Amidst Industrial & Bureaucratic Turbulence

FAA’s Michael Whitaker Appointed Administrator Amidst Industrial and Bureaucratic Turbulence - With a presidential election year on the horizon, a split Congress, and an aviation industry encumbered by labor shortages and…more

Administrative Appointments, Aviation Industry, Federal Aviation Administration (FAA), Federal Funding, Legislative Agendas

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A Primer on Changes Made to the Texas Mechanic’s and Materialman’s Liens Act, Effective January 1, 2022

In early June 2021, Governor Abbott signed into law House Bill 2237 (the Bill) that makes substantial changes to the law that establishes the requirement for mechanic’s and materialmen’s liens and bond claims in Texas. We…more

Construction Industry, Construction Liens, Governor Abbott, Liens, Materialman's Lien

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First Circuit Bankruptcy Panel Affirms “Gavel Rule” as Determinative of When a Bankruptcy Debtor’s Right of Redemption Terminates

The Bankruptcy Appellate Panel for the First Circuit has affirmed an earlier decision that concluded a borrower’s right to redeem terminates when the gavel falls at a foreclosure auction, and not when a deed is recorded. In…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Court, Consumer Bankruptcy, Debtors, Deeds

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The LHD/ERISA Advisor: District Court Finds Reduction in Monthly LTD Benefit Due to IRA Rollover Appropriate Under Plan Terms

In DeBold v. Liberty Life Assur. Co. of Bos., 2021 U.S. Dist. LEXIS 120153 (D. Mass, June 28, 2021), a district court held that an ERISA plan administrator could reduce an insured's monthly long-term disability (LTD) benefit…more

Breach of Duty, De Novo Standard of Review, Denial of Benefits, Disability Benefits, Employee Benefits

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The Second Circuit May Well Reconsider Reverse-Preemption of The New York Convention by the McCarran-Ferguson Act

A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act ("MFA")…more

Appeals, Arbitration, Commerce Clause, Dodd-Frank, Federal Arbitration Act

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New York Governor Hochul Signs Anti-Deed Theft Bill into Law: What Mortgage Lenders and Servicers Need to Know

New York Governor Kathy Hochul recently signed off on anti-deed theft legislation, as outlined in Senate bill 2023-S.6577 with companion Assembly bill 2023-A.6656.[1] The Governor signed the new legislation on November 14, 2023,…more

Deeds, Fraud, Homeowners, Legislative Agendas, Mortgage Lenders

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GDPR and the Uniform Foreign Country Money Judgments Recognition Act

You are an American company. While you sell product or otherwise interact with Europe, and thereby collect personal information about European residents, you have no assets or facilities on that continent. Nonetheless, you are…more

Administrative Fines, Binding Corporate Rules, California Consumer Privacy Act (CCPA), Corporate Liability, Data Controller

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Illinois Joins a Host of States to Reduce and Later Ban the Use of PFAS in Firefighting Foam

Effective January 1, 2022, Illinois began phasing out Per-and Polyfluoradlkyl Substances (PFAS), which have been commonly used in firefighting foam for decades. PFAS are able to effectively repel oil and water, reduce friction,…more

Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Federal District Court Holds That Engagement Letter Limited Scope of Law Firm's Duties

The United States District Court for the Northern District of Illinois, Eastern Division, granted defendant law firm's motion to dismiss the complaint filed by plaintiff—Today's Growth Consultant Inc.—a former client of the…more

Attorney Malpractice, Engagement Letters, Law Practice Management, Professional Liability, Risk Management

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Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave…more

Accrual Requirements, Carryover Basis, City of Chicago, Compliance, Covered Employees

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U.S. EPA Publishes Final Rule Updating the Phase I Environmental Site Assessment Standard Under CERCLA

On December 15, 2022, the United States Environmental Protection Agency (EPA) published the Final Rule, entitled "Standards and Practices for All Appropriate Inquiries," updating the Phase I Environmental Site Assessment…more

ASTM, CERCLA, Contaminated Properties, Environmental Policies, Environmental Protection Agency (EPA)

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[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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In a Win for Mortgage Servicers, Massachusetts Supreme Court Finds Mandatory Notice of Right to Cure in Notice of Default is Not Potentially Deceptive

Massachusetts moved one step closer to resolving an ongoing debate over pre-foreclosure notices of default that started with the First Circuit's decision in Thompson v. JPMorgan Chase Bank back in February of 2019. Initially,…more

Borrowers, Contract Interpretation, Foreclosure, MA Supreme Judicial Court, Mortgages

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U.S. Supreme Court Substantially Devalues Design Patent Damages on Multicomponent Products: What Design Patent Holders Need to Know

The U.S. Supreme Court in a unanimous 8-0 opinion reversed and remanded to the U.S. Court of Appeals for the Federal Circuit an award to Apple, Inc. of $399 million of Samsung Electronics Co., Ltd.'s total profits on smartphones…more

Apple v Samsung, Article of Manufacture, Calculation of Damages, Cell Phones, Component Parts Doctrine

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New York Court Finds an Action is Timely in Some Circumstances in CPLR 205(a) Decision

The Appellate Division of the New York Supreme Court's First Department recently issued a decision addressing the calculation of the six-month timeframe permitted to file a new action, according to New York's Civil Practice Law…more

Appeals, CPLR, Financial Services Industry, Lenders, Litigation Strategies

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Ruling Concerning Series LLCs in Illinois Highlights Importance of Differentiating and Following Statutory Procedures

While the Illinois Limited Liability Company Act (IL LLC Act) has provided a statutory mechanism for establishing Series LLCs since 2005, the Illinois Fourth District Appellate Court only issued its first ruling concerning…more

Business Entities, Certificate of Designation, Civil Liability, Criminal Liability, Limited Liability Company (LLC)

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Illinois Appellate Court Rejects the Crime-Fraud Exception in a Defamation Claim

James MacDonald vs. Sally Wagenmaker, et.al., 2024 IL App (1st) 230089 (March 1, 2024) - Brief Summary - An Illinois appellate court reversed a discovery order compelling the defendant law firm to produce privileged…more

Attorney-Client Privilege, Crime-Fraud Exception, Defamation, Discovery, Document Productions

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Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints About Systemic Workplace Concerns

Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary…more

Employer Liability Issues, First Amendment, Hiring & Firing, Public Concern, Public Employees

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A Surge in Illinois Genetic Information Privacy Act (GIPA) Claims Poses Threat to Employers

The Illinois Genetic Information Privacy Act (“GIPA”) was enacted in 1998, and although minimal litigation followed in the years following its enaction, we are now seeing a significant surge in litigation similar to that…more

Biometric Information Privacy Act, Employer Liability Issues, Healthcare Facilities, Hiring & Firing, Illinois

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Federal Court Rules That CDC Exceeded its Authority with Nationwide Eviction Moratorium

On May 5, 2021, the U.S. District Court for the District of Columbia struck down the Centers for Disease Control and Prevention's nationwide eviction moratorium. According to the court, the CDC exceeded the scope of its…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, IRS

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Stepping Beyond the CARES Act: Massachusetts Expands Forbearance and Issues Sweeping Moratorium on Foreclosures and Evictions during COVID-19 Emergency

On April 20, 2020, Massachusetts Governor Charlie Baker signed H.4647 into law. The law establishes a moratorium on foreclosures and evictions for 120 days from the date of the enactment, or 45 days after the COVID-19 Emergency…more

CARES Act, Coronavirus/COVID-19, Eviction, Forbearance Agreements, Foreclosure

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Sixth Circuit Applies Recent SCOTUS Tax-Taking Decision to Affirm an Owner’s Right to Net Tax Lien Foreclosure Proceeds

We previously reported on the U.S. Supreme Court’s decision, Tyler v. Hennepin County, where the court concluded that the State of Minnesota violated a property owner’s constitutional rights by keeping the excess sale proceeds…more

Fair Market Value, Foreclosure, SCOTUS, Takings Clause, Tax Debt

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Illinois Appellate Court Rejects the Crime-Fraud Exception in a Defamation Claim

James MacDonald vs. Sally Wagenmaker, et.al., 2024 IL App (1st) 230089 (March 1, 2024) - Brief Summary - An Illinois appellate court reversed a discovery order compelling the defendant law firm to produce privileged…more

Attorney-Client Privilege, Crime-Fraud Exception, Defamation, Discovery, Document Productions

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Public Companies Must Accurately Disclose Material Cyber Breaches to Investors

On August 16, 2021, the Securities and Exchange Commission (SEC) announced a $1 million settlement with Pearson plc (Pearson) in connection with a 2018 "cyber intrusion" that resulted in the theft of millions of student records,…more

Cease and Desist Orders, Cybersecurity, Data Breach, Data Privacy, Disclosure Requirements

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[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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[Event] 21st Annual Legal Malpractice & Risk Management Conference (LMRM) - March 1st - 3rd, Chicago, IL

Please join us for the 21st Annual Legal Malpractice & Risk Management Conference (LMRM) for one-and-a-half days of practical and engaging panel sessions focused on current and important developments in the law, litigation of…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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[Webinar] Labor & Employment Regional Law Updates - January 10th, 12:00 pm - 1:00 pm PDT

Join us for Hinshaw’s Labor & Employment Regional Law Updates, two exclusive legal webinars on the latest trends in employment law for companies. As organizations of all sizes navigate an ever-evolving legal landscape,…more

Best Practices, Continuing Legal Education, Employer Liability Issues, Employment Policies, Federal Labor Laws

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Estate Planning Newsletter - December 2018

Welcome to the Hinshaw Estate Planning Newsletter, designed to help you stay up to date on current estate planning topics, as well as other relevant legal developments and trends…more

529 Plans, Asset Protection, Charitable Deductions, Digital Assets, Estate Planning

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FAQs: CMS Issues Emergency Regulation Mandating Workforce COVID-19 Vaccinations by Medicare/Medicaid-Certified Providers and Suppliers

On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an emergency regulation, requiring the workforce of Medicare- and Medicaid- certified providers and suppliers to be fully vaccinated against COVID-19…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Facilities, Healthcare Workers

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Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment

Flanigan v. Herman., 2024 Wash. App. LEXIS 44 (Wash. Ct. App. Jan. 11, 2024) - Brief Summary - The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the…more

Attorney Malpractice, Breach of Duty, Negligence, Proximate Cause, Summary Judgment

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FTC to Increase Enforcement Against Illegal Dark Patterns Targeting Consumers with Subscription Schemes

On October 28, 2021, the FTC issued an enforcement policy statement warning companies against utilizing illegal dark patterns that trick or trap consumers into subscription services. Dark patterns apply deceptive techniques that…more

Automatic Renewals, Enforcement Actions, Federal Trade Commission (FTC), Informed Consent, Policy Statement

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Estate Planning Newsletter - December 2018

Welcome to the Hinshaw Estate Planning Newsletter, designed to help you stay up to date on current estate planning topics, as well as other relevant legal developments and trends…more

529 Plans, Asset Protection, Charitable Deductions, Digital Assets, Estate Planning

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4 Key Takeaways for Privacy Professionals Taken From the IAPP 2024 Global Summit

We recently attended the International Association of Privacy Professionals (IAPP) 2024 Global Summit. The event provided great insights into privacy, artificial intelligence (AI), and regulatory issues, and we wanted to share…more

Artificial Intelligence, Compliance, Consumer Financial Protection Bureau (CFPB), Data Brokers, Data Privacy

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Review of Federal and State Immunity Laws in Response to COVID-19

In light of the ongoing COVID-19 public health crisis, the Secretary of the U.S. Department of Health and Human Services (HHS) signed a declaration providing immunity from suits involving the production and administration of…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Federal v State Law Application, Health Care Providers, Healthcare Facilities

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New York Appellate Court Reverses Foreclosure Judgement, Reaffirms Business Record Itself Must be Provided to Trigger Hearsay Exception

In Deutsche Bank Nat'l Trust Co. v. Ezeji, 2021 N.Y. App. Div. LEXIS 3313 (2d Dep't, May 19, 2021), New York's Appellate Division, Second Department, reversed a judgment of foreclosure and sale, finding that although the…more

Appellate Courts, Business Records, Evidence, Foreclosure, Hearsay

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California Court of Appeal Rules Alleged Contractor Misclassification Not Enough to Justify Class Action

On Friday, March 12, 2021, the California Court of Appeal issued a ruling in Wilson v. The La Jolla Group that addresses the appropriate scope of class treatment for employee misclassification under Dynamex Operations West, Inc…more

ABC Test, Employee Definition, Employer Liability Issues, Independent Contractors, Labor Regulations

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ADA Guidance for Dental Healthcare Providers Returning to Work

The novel coronavirus, COVID-19, has brought unprecedented challenges to all healthcare professionals, and dental healthcare providers are no exception. The practice of dentistry involves the generation of an aerosol containing…more

American Dental Association (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Dentists, Employee Training

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4 Key Takeaways for Privacy Professionals Taken From the IAPP 2024 Global Summit

We recently attended the International Association of Privacy Professionals (IAPP) 2024 Global Summit. The event provided great insights into privacy, artificial intelligence (AI), and regulatory issues, and we wanted to share…more

Artificial Intelligence, Compliance, Consumer Financial Protection Bureau (CFPB), Data Brokers, Data Privacy

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Florida Appellate Court Reverses Summary Judgment for Attorneys Where They Could Have Remedied Prior Counsel's Mistakes and Salvaged Plaintiff's Case

Baum v. Becker & Poliakoff, P.A., 47 Fla. L. Weekly D2374 (Fla. 5th DCA November 18, 2022) - Plaintiff sued her attorneys for malpractice, arguing that they failed to correct her previous attorneys' mistakes in order to…more

Appellate Courts, Attorney Malpractice, Probate Courts, Professional Liability, Service of Process

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Second Circuit Rules Homeowners Established Article III Standing for Statutory Damages Claim

On May 10, 2021, ruling on an issue of first impression, the U.S. Court of Appeals for the Second Circuit in Maddox v. Bank of New York Mellon Trust affirmed denial of BNY Mellon's motion for judgment on the pleadings, finding…more

Article III, Financial Services Industry, Mortgage Lenders, Mortgages, Standing

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Options for Conducting Annual Shareholder Meetings and Director Meetings During a Time of COVID-19 Shelter in Place Orders

As social distancing policies and mandates continue to take hold across the country, companies are grappling to understand the implications of these measures on their business. One compliance issue to resolve is that companies…more

Annual Meeting, Board Meetings, Board of Directors, Bylaws, Coronavirus/COVID-19

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The LHD/ERISA Advisor – June 2021: Second Circuit Issues Statute of Limitations Ruling Favorable to Healthcare Plan Administrators

Federal law does not supply a statute of limitations for a claim seeking equitable relief under ERISA, 29 U.S.C. 1132(a)(3), and therefore federal courts borrow the limitations period of the state-law cause of action to which…more

Amended Complaints, Declaratory Judgment Act, Employee Retirement Income Security Act (ERISA), Equitable Relief, Federal Rule 12(b)(6)

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The Hunstein Saga Ends at the Eleventh Circuit: Court Determines That Use of a Mail Vendor Did Not Inflict a Concrete Injury

On September 8, 2022, the Eleventh Circuit Court of Appeals gave its final word—after many twists and turns—in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434. The court issued an en banc opinion…more

Article III, Credit Reporting Agencies, Debt Collection, Debt Collectors, FDCPA

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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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Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act would…more

Insurance Industry, Negligence, New York, Proposed Legislation, Regulatory Agenda

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U.S. EPA Issues COVID-19 Enforcement Policy

Below is a link to the temporary policy issued March 26, 2020 by the United States Environmental Protection Agency (EPA), which explicitly provides a vehicle for companies and facilities to avoid penalties for non-compliance…more

Coronavirus/COVID-19, Enforcement Actions, Environmental Liability, Environmental Protection Agency (EPA), Relief Measures

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[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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CFPB Revises the Supervisory Appeals Process for Financial Institutions

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) issued its revised rule addressing how financial institutions can appeal their compliance ratings or adverse material findings by the Bureau. The rule is an…more

Compliance, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry, Regulatory Oversight

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Medical Litigation Newsletter - October 2016

When a Defensible Claim Goes Sour: Defending Spoliation of Evidence Claims - Let us assume you have a credible defense to the negligence allegations as to the care and treatment provided by a doctor, hospital, medical…more

Affordable Care Act, Damages, Duty to Preserve, Evidence, Fiduciary Rule

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FTC Announcement that it Plans to Ban Noncompetes Generates Employment Law Shockwave

The Federal Trade Commission (FTC) promulgated proposed rules on January 5, 2023, which would ban noncompete agreements on a nationwide basis. The 60-day period for public commentary has now begun, and the proposed rules will…more

Comment Period, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act would…more

Insurance Industry, Negligence, New York, Proposed Legislation, Regulatory Agenda

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The Texas Supreme Court Has Spoken: Mortgage Servicers May Rewind and Restart the Statute of Limitations Clock Within the Same Letter

Last week, the Texas Supreme Court answered the Fifth Circuit’s certified question as to whether simultaneous rescission and reacceleration can reset the limitations period under Texas Law by holding that “a rescission that…more

Acceleration, Compliance, Debt, Debtors, Deed of Trust

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Landmark New York Court of Appeals Decision Clarifying Calculation of Statute Of Limitations in Mortgage Foreclosure Actions

The New York Court of Appeals reversed four Appellate Division decisions and decided in favor of the mortgagees in a consolidated decision issued on February 18, 2021, ruling, inter alia, that..…more

Acceleration, Debt, Discontinuance, Financial Services Industry, Foreclosure

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[Webinar] LGBTQ+ Employment Law Roundup - June 28th, 12:00 pm PT

Join Hinshaw and the LGBTQ+ Lawyers Association of Los Angeles as we commemorate June Pride Month with a webinar featuring practical guidance on LGBTQ+ employment and workplace issues. This one-hour CLE program will cover legal…more

Anti-Discrimination Policies, Best Practices, Continuing Legal Education, Employer Liability Issues, Employment Discrimination

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[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to…more

Affirmative Action, Artificial Intelligence, Asbestos, Biden Administration, Biometric Information Privacy Act

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The LHD/ERISA Advisor - October 2020: Insurance Coverage During Involuntary Legal Holds Under California Law

Mental health patients are sometimes hospitalized under a legal hold allowing their temporary hospitalization. Medical providers seeking payments for services provided to patients subject to a legal hold argue, in both the…more

Arbitration, California, Denial of Insurance Coverage, Health Insurance, Involuntary Legal Holds

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CFPB Revises the Supervisory Appeals Process for Financial Institutions

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) issued its revised rule addressing how financial institutions can appeal their compliance ratings or adverse material findings by the Bureau. The rule is an…more

Compliance, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry, Regulatory Oversight

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A Surge in Illinois Genetic Information Privacy Act (GIPA) Claims Poses Threat to Employers

The Illinois Genetic Information Privacy Act (“GIPA”) was enacted in 1998, and although minimal litigation followed in the years following its enaction, we are now seeing a significant surge in litigation similar to that…more

Biometric Information Privacy Act, Employer Liability Issues, Healthcare Facilities, Hiring & Firing, Illinois

See all updates »

Medical Litigation Newsletter - October 2016

When a Defensible Claim Goes Sour: Defending Spoliation of Evidence Claims - Let us assume you have a credible defense to the negligence allegations as to the care and treatment provided by a doctor, hospital, medical…more

Affordable Care Act, Damages, Duty to Preserve, Evidence, Fiduciary Rule

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The LHD/ERISA Advisor: Ninth Circuit Joins Fourth Circuit in Holding that Equitable Estoppel is Barred Where Use Would Contradict Express Terms of an ERISA Plan

In Wong v. Flynn-Kerper, 999 F.3d 1205 (9th Cir. 2021), the Ninth Circuit barred the use of equitable estoppel to challenge the purchase price of company shares under an ERISA stock ownership plan when such use would contradict…more

Contract Terms, Employee Benefits, Employee Retirement Income Security Act (ERISA), Equitable Estoppel, ESOP

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[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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The 12 Days of California Labor and Employment Series – Day 12 "New Requirement for Workplace Violence Prevention Plan"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the twelfth and final day of our holiday series, my labor and…more

Cal-OSHA, California, Employee Training, Employment Policies, Enforcement

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H-1B Cap Season is Quickly Approaching!

With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization and gather the necessary…more

Foreign Nationals, Foreign Workers, H-1B, Immigration Procedures, USCIS

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Congress Provides New Copyright Office Forum To Resolve Small Claims For Copyright Infringement

On December 27, 2020, the Copyright Alternative in Small-Claims Enforcement Act (CASE Act) was signed into law as part of the COVID-19 stimulus relief and government-funding bill. The CASE Act revises the Copyright Act, 17…more

CASE Act, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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Informing Illinois Newsletter - July 2018

Informing Illinois recently published two alerts. The first considered a Fourth Circuit decision that opens the way for citizen suits over point source discharges to groundwater, a decision that could impact municipalities…more

Clean Water Act, Groundwater, Pipelines, Police, Unconstitutional Condition

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[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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Wisconsin and Minnesota Businesses Seek Coverage for COVID-19 Business Interruption Losses in State and Federal Class Actions

Over the last week, pandemic-related insurance lawsuits have continued to be filed nationwide. Several new notable class action filings were recently submitted in Wisconsin state and federal courts that seek business…more

Breach of Contract, Business Closures, Business Interruption, Class Action, Coronavirus/COVID-19

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A Surge in Illinois Genetic Information Privacy Act (GIPA) Claims Poses Threat to Employers

The Illinois Genetic Information Privacy Act (“GIPA”) was enacted in 1998, and although minimal litigation followed in the years following its enaction, we are now seeing a significant surge in litigation similar to that…more

Biometric Information Privacy Act, Employer Liability Issues, Healthcare Facilities, Hiring & Firing, Illinois

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[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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Hinshaw Insurance Law TV | Bad Faith Law

Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, is joined by Hilary Harmsworth and Sam Vardy of Howden Insurance Brokers to introduce a new fifty-state survey on U.S. bad faith law and to briefly…more

Bodily Injury, Emotional Distress Damages, Insurance Industry, Insurance Litigation, Punitive Damages

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Rhode Island Supreme Court Concludes that Door Hanger Left by Mortgage Servicer Prior to Foreclosure Satisfied HUD Face-to-Face Requirement

In Montaquila v. Flagstar Bank, the Rhode Island Supreme Court rejected a borrower's attempt to expand the plain language of the U.S. Department of Housing and Urban Development's (HUD) federal regulation requiring loan…more

Borrowers, Foreclosure, Lenders, Loan Servicer, Mortgage Servicers

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NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

On September 7, 2022 the National Labor Relations Board (NLRB or the Board) issued a new Proposed Rule governing joint employer status. The proposed rule seeks to change the standard for determining whether two collaborating…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Joint Employers, NLRA, NLRB

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Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance

Scott Seaman—Chicago-based partner and co-chair of Hinshaw's Global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the…more

Attorney's Fees, Bad Faith, Contingency Fees, Deductibles, First-Party Coverage

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Despite Acceleration of Debt Through Prior Dismissed Foreclosure Action, Bankruptcy Petition Tolls Statute of Limitations on Subsequent Action

In Lubonty v. U.S. Bank National Association, a mortgagor sought to void a mortgage loan claiming that the six-year statute of limitations to foreclose had expired. The mortgagor had commenced multiple bankruptcy proceedings…more

Banks, Commercial Bankruptcy, Foreclosure, Loans, Mortgages

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Federal Court Blocks Illinois Equal Pay Amendment: What Employers and Staffing Agencies Need to Know

A federal court in Chicago recently granted a preliminary injunction enjoining the Illinois Department of Labor from enforcing one of several amendments made in August 2023 to the Illinois Day Labor and Temporary Labor Services…more

Employee Retirement Income Security Act (ERISA), Equal Pay, Illinois, NLRA, Preliminary Injunctions

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New York Courts Will Allow Mortgagors to Continue Submitting Hardship Declarations to Extend the Stay of Residential Foreclosures

On May 24, 2021, Chief Administrative Judge Lawrence Marks issued Administrative Order 159/21 (AO/159/21) to extend the stay of residential foreclosure actions through August 31, 2021, for cases in which the mortgagor submits a…more

Administrative Orders, Coronavirus/COVID-19, Eviction, Foreclosure, Hardship Extensions

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[Event] 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 7th - 9th, Chicago, IL

Do you have plans for March 7-9? Join us at Hinshaw's 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) at The Ritz-Carlton Chicago. Register by January 27 to take advantage of the Early Bird Discount. Join us…more

Arbitration, Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events

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FAA’s Michael Whitaker Appointed Administrator Amidst Industrial & Bureaucratic Turbulence

FAA’s Michael Whitaker Appointed Administrator Amidst Industrial and Bureaucratic Turbulence - With a presidential election year on the horizon, a split Congress, and an aviation industry encumbered by labor shortages and…more

Administrative Appointments, Aviation Industry, Federal Aviation Administration (FAA), Federal Funding, Legislative Agendas

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Eleventh Circuit Rules Mandatory Meeting Prohibition of Florida's "Stop W.O.K.E. Act" Restricting Workplace Diversity Training is Unconstitutional

Earlier this month, the Eleventh Circuit affirmed the district court's preliminary order blocking enforcement of the Individual Freedom Act's provision banning mandatory workplace trainings endorsing certain viewpoints. The…more

Compliance, Constitutional Challenges, Discrimination, Diversity, Employee Training

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Consumer Financial Services Newsletter - May 2017

Southern District of California Denies Certification of Wrong Number TCPA Class - On March 28, 2017, the Southern District of California denied class certification in a case arising under the TCPA. Plaintiff alleged that…more

Article III, Debt Collectors, FDCPA, Financial Services Industry, Foreclosure Sales

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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

Appeals, Arbitration, Arbitration Agreements, Arbitration Fees, Attorney Malpractice

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[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

See all updates »

SEC Changes the Game for Private Fund Advisers – Summarizing the New "Restricted Activities Rule" and the "Preferential Treatment Rule"

In early 2022, the Securities and Exchange Commission (SEC) proposed a series of new rules and rule amendments aimed primarily at increasing transparency and protecting investors in private fund transactions. This August, the…more

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Eleventh Circuit Rules Mandatory Meeting Prohibition of Florida's "Stop W.O.K.E. Act" Restricting Workplace Diversity Training is Unconstitutional

Earlier this month, the Eleventh Circuit affirmed the district court's preliminary order blocking enforcement of the Individual Freedom Act's provision banning mandatory workplace trainings endorsing certain viewpoints. The…more

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The Texas Supreme Court Has Spoken: Mortgage Servicers May Rewind and Restart the Statute of Limitations Clock Within the Same Letter

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Illinois Workers' Compensation Commission Notice of Emergency Amendment Regarding COVID-19

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Florida Bar Advisory Opinion 24-1 Gives Green Light to Generative AI Use by Lawyers – With Four Ethical Caveats

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This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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