Hinshaw & Culbertson LLP

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One California Street
18th Floor
San Francisco, CA 94111, United States
Contact: Carrie Ephgrave, Marketing Practice Group Manager
Phone: 415-362-6000
Fax: 415-834-9070
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Class Action
  • Commercial Law & Contracts
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Taxation
  • Worker’s Compensation
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Florida
  • Illinois
  • Indiana
  • Massachusetts
  • Minnesota
  • Missouri
  • New York
  • Rhode Island
  • Wisconsin
Other Countries
  • United Kingdom
Number of Attorneys
400+ Attorneys

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

Joint Clients — Confidentiality — Right to See Clients' File - New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) - Risk Management Issue: In a joint client representation, if one…more

Attorney Malpractice, Confidential Information, Government Investigations, Hedge Funds, Inadvertent Disclosure

See all updates »

CMS Proposes Rule to Reverse Pre-Dispute Binding Arbitration Ban

On June 8, 2017, the Centers for Medicare & Medicaid Services ("CMS") published a proposed rule that would remove the ban on pre-dispute arbitration agreements instituted in an extensive final rule (The Reform of Requirements…more

Arbitration Agreements, CMS, Long Term Care Facilities, Pre-Dispute Arbitration

See all updates »

Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

See all updates »

EEOC Ordered to Reconsider What “Voluntary” Means for its Wellness Program Guidance

The long-running efforts of the Equal Employment Opportunity Commission to provide guidance on what constitutes a “voluntary” wellness program were called into question by the U.S. District Court for the District of Columbia, in…more

AARP, ADA, Affordable Care Act, EEOC, HIPAA

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Eighth Circuit Concludes that Post-Judgment Actions are not Subject to the FDCPA's Venue Provision and Equitable Tolling does not Apply to FDCPA's Statute of Limitations

Hageman v. Barton, No. 14-3665, 2016 WL 1212235 (8th Cir. Mar. 29, 2016) - In Hageman v. Barton, the U.S. Court of Appeals for the Eighth Circuit held that registration of a foreign judgment and related garnishment…more

Debt Collection, Debtors, Equitable Tolling, FDCPA, Post-Judgment Interest

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Seventh Circuit Upholds Tip Credit Pay for Related, Non-Tipped Duties

As those in the restaurant industry know well, federal and state law allow employers to pay tipped employees less than the required minimum wage with the expectation they will receive enough tips to make up the difference. This…more

DOL, Employee Handbooks, Job Duties, Minimum Wage, Tip Credit

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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

See all updates »

Court Holds that Restaurant Owner May Be Personally Liable for FLSA Violations

A new federal case out of Illinois demonstrates the extreme importance of complying with wage and hour laws, especially where the law provides for individual liability against those who control the terms and conditions of…more

Employer Liability Issues, FLSA, Minimum Wage, Personal Liability, Restaurant Industry

See all updates »

Credentials Materials Are Not Privileged Under the Health Care Professional Credentials Data Collection Act

The Illinois Supreme Court recently held in Klaine v. Southern Illinois Hospital Services, 2016 IL. 118217 that a physician’s application for hospital privileges, which included information obtained from the National…more

Confidential Information, Discovery, Hospitals, IL Supreme Court, NPDB

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CFPB Rule Bars the Use of Mandatory Arbitration Clauses to Prohibit Class Actions; Some Members of Congress Vow to Take Action to Reverse

This week, the Consumer Financial Protection Bureau (CFPB) adopted a final rule prohibiting a broad range of financial firms from using mandatory arbitration clauses to bar class action suits and received wide press coverage…more

Arbitration, Arbitration Agreements, CFPB, Consumer Financial Products, Consumer Protection Act

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ABA Clarifies Referral Fees Between Lawyers in Formal Ethics Opinion 474

On April 21, 2016, the American Bar Association ("ABA") Standing Committee on Ethics and Professional Responsibility released Formal Opinion 474, addressing referral fees under Model Rule 1.5(e) and the impact of conflicts of…more

American Bar Association (ABA), Conflicts of Interest, Legal Ethics, Referral Fees

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Minneapolis and St. Paul Sick and Safe Time Ordinances Set to Take Effect July 1st

The sick time ordinances passed by both the Minneapolis and St. Paul City Councils take effect July 1, 2017. The Minneapolis Sick and Safe Time ordinance requires all employers with six or more employees to provide paid sick…more

Earned Sick Time, Employer Liability Issues, Local Ordinance, Paid Leave, Paid Sick Leave Act

See all updates »

Tips for a Startup Manufacturer in Negotiating Vendor Contracts

As a startup manufacturer, vendor contracts are one of the most common types of agreements you are likely to encounter…more

Contract Negotiations, Entrepreneurs, Indemnification Clauses, Manufacturer Liability, Manufacturers

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Supreme Court Provides a Narrow Win for Defendant—With Chance for More—On "Actual Injury" Issue

Spokeo Inc. v. Thomas Robins et al., No. 13-1339 (2016) - On May 16, 2016, the U.S. Supreme Court, by a vote of 6-2, set aside a lower court decision on whether what might be a technical statutory violation gives a consumer…more

Article III, Background Checks, Class Action, FCRA, Injury-in-Fact

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A Missing Massachusetts Promissory Note's Outsized Potential Impact on Foreclosures

In Zullo v. HMC Assets, LLC, the Massachusetts Land Court has issued a judicial about-face in deciding that a mortgage holder lacks standing to foreclose if that holder never possessed the mortgagor's original promissory note –…more

Foreclosure, Mortgages, Standing, Uniform Commercial Code (UCC)

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Uncle Sam Wants You . . . To Tell Him a Little About Overtime

Under a 2016 Final Rule, the Department of Labor (DOL), under the Obama administration, pushed federal regulations under the Fair Labor Standards Act (FLSA) that would have more than doubled the “threshold” under which nearly…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time

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Illinois Hospital Licensing Act Regulations Reflect New Reality of Health System Governance

The Illinois Hospital Licensing Act regulations (Regulations) have been revised significantly to reflect the new reality of health system governance of hospitals. The revisions focus on the governance and medical staffs of…more

Health Care Providers, Hospitals, Licensing Rules

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

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

Aiding and Abetting, Attorney Malpractice, Attorney-Client Privilege, Background Checks, Conflicts of Interest

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Consumer Financial Services Newsletter - November 2016

D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second - The future of the Consumer Financial Protection Bureau (CFPB) is up for grabs following a landmark Court of Appeals Decision, PHH Corporation v. Consumer…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

See all updates »

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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Consumer Financial Services Newsletter - March 2017

A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class - Cholly v. The Uptain Group., et al, 1:15-cv-05030 - In Cholly v. The Uptain Group Inc., et al, the defendant debt collector…more

Article III, ATDS, Consumer Financial Products, Debt Collectors, Debtors

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Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (2016) - Brief Summary - The Massachusetts Supreme Court held that it is "protected activity" (i.e., conduct that an employee may engage in…more

Discovery, Electronically Stored Information, Employer Liability Issues, Employment Discrimination, Gender Discrimination

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Consumer Financial Services Newsletter - November 2016

D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second - The future of the Consumer Financial Protection Bureau (CFPB) is up for grabs following a landmark Court of Appeals Decision, PHH Corporation v. Consumer…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

See all updates »

Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

See all updates »

TransUnion Hit with Record $60 Million Dollar Verdict in FCRA Class Action

A California jury recently returned a large verdict in a Fair Credit Reporting Act ("FCRA") case which alleged that TransUnion's credit reporting confused the class consumer names with the names of criminals and terrorists on a…more

Credit Reports, FCRA, OFAC, TransUnion

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Latest Updates to Media Liability Insurance in California

Hinshaw & Culbertson LLP partner James Castle recently enhanced and updated the chapter on Media Liability Insurance for LexisNexis' California Insurance Law & Practice. Cases discussed include: ?S.B.C.C., Inc. v. St…more

Commercial General Liability Policies, Copyright Infringement, Defamation, Duty to Defend, Insurance Litigation

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Consumer Financial Services Newsletter - July 2017

Sixth Circuit Rings the Spokeo Bell in FDCPA Ruling Involving Discovery Statute Violation - In May 2016, the U.S. Supreme Court ruled on whether the Fair Credit Reporting Act ("FCRA") created a right confering Article III…more

Article III, Fair Housing Act (FHA), FCRA, FDCPA, Predatory Lending

See all updates »

The Lawyers' Lawyer Newsletter - Halloween Issue October 2016

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

Civil Monetary Penalty, Conflicts of Interest, Disgorgement, Disqualification, FDA

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Latest Updates to the California Inurance Holding Company Act

Hinshaw & Culbertson LLP attorney Suh Choi has updated and enhanced Chapter 5, The California Insurance Holding Company Act, for the LexisNexis California Insurance Law & Practice treatise. The latest update features a…more

Divestiture, Insurance Holding Company

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Illinois Federal Court Dismisses FDCPA Claims Focused on "Bounced Check" Language in Collection Letter

Recently, an Illinois federal court denied and dismissed two plaintiffs' Fair Debt Collection Practices Act (FDCPA) claims after the plaintiffs failed to present evidence sufficient to establish materiality…more

Consumer Credit Protection, Debt Collection, FDCPA

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The Second Circuit Gives Ex-Cons’ Wrongful Termination Suit A Second Chance

On May 31, 2017, the United States Court of Appeals for the Second Circuit gave two Ex-Cons a second chance at pursuing their wrongful termination suit against their employer’s client, after New York’s highest court weighed in,…more

Corporate Counsel, Criminal Background Checks, Employment Discrimination, Hiring & Firing, NYSHRL

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Avoiding Risks with Referring Physician Compensation Arrangements

The settlement described below highlights the importance of carefully structuring compensation arrangements with referring physicians, and the risk involved in trying to work backwards to achieve a desired level of compensation…more

Anti-Kickback Statute, Corporate Integrity Agreement, False Claims Act (FCA), Health Care Providers, Physician Compensation Arrangements

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In a…more

Attorney-Client Privilege, Confidentiality Agreements, Controlled Substances Act, Inadvertent Disclosure, Marijuana

See all updates »

Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

See all updates »

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2017

Fee Splitting – Enforcement of Undisclosed Agreements – Need for Specificity - Marin v. Constitution Realty, LLC, 2017 N.Y. Slip. Op. 01019, 2017 WL 521504 - Risk Management Issue: Is an attorney fee-splitting agreement…more

Confidential Information, Due Diligence, Fee-Splitting, Law Firm Ownership, Risk Management

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San Francisco Ordinance Prohibits Employer Salary History Inquiries

Beginning July 1, 2018, it will be illegal for San Francisco employers to ask job applicants to disclose their salary history. A number of similar laws have been enacted in cities and states across the country to address the…more

Employer Liability Issues, Fair Pay and Safe Workplaces, Job Applicants, Labor Code, Local Ordinance

See all updates »

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In a…more

Attorney-Client Privilege, Confidentiality Agreements, Controlled Substances Act, Inadvertent Disclosure, Marijuana

See all updates »

Health Insurance Premium Regulation Bid Draws Criticism

Barger & Wolen partners Richard De La Mora and Richard Hopkins were both quoted in a Nov. 14, 2013, Daily Journal article, Hospital insurance premium regulations bid draws criticism, about a proposed ballot initiative intended…more

Health Insurance, Healthcare, Hospitals, Premiums

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Employer Alert: EEO-1 Pay Data Collection on Hold

On Tuesday, August, 29, 2017, the Office of Management and Budget (OMB) issued a stay of the EEOC's collection of information on pay data on EEO-1 reports…more

Data Collection, EEO-1, EEOC, OMB, Reporting Requirements

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U.S. Supreme Court Decision Limits Extraterritorial Reach of U.S. Patents: What Manufacturers and Exporters Need to Know

The U.S. Supreme Court's decision on February 22, in Life Technologies Corp. v. Promega Corp. limits the ability of a U.S. patent to cover infringing activity abroad. In particular, the Court held that a single component of a…more

Component Parts Doctrine, Exporters, Extraterritoriality Rules, Life Technologies Corp v Promega Corp, Manufacturers

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Consumer Financial Services Newsletter - November 2016

D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second - The future of the Consumer Financial Protection Bureau (CFPB) is up for grabs following a landmark Court of Appeals Decision, PHH Corporation v. Consumer…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

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9th Circuit: Because of Simple Contract Oversight, Executive Must Arbitrate Separation Dispute

Most executive level employees have detailed employment agreements outlining the terms and conditions of their high-paying jobs. Putting such agreements in place is a really good idea for a number of reasons, even though it can…more

Arbitration, Breach of Contract, Employment Contract, Federal Arbitration Act, Hiring & Firing

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ERISA Fiduciary Standards Will Apply to IRAs Starting in June

On April 4, 2017 the U.S. Department of Labor issued an order effective April 9, 2017, stating that implementation of the so-called investor Fiduciary Rule applicable to Individual Retirement Accounts will go into effect June 9,…more

Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Rule, IRA

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Supreme Court: Ordinary Contract Principles Do Not Allow Inference of Vesting Rights Absent Clear and Express Language

In 2000, M&G Polymers purchased the Point Pleasant Polyester Plant in Apple Grove, WV. At that time, M&G entered into a collective-bargaining agreement and a related Pension, Insurance, and Service Award Agreement (P & I…more

CBAs, Employer Group Health Plans, Employer Healthcare Costs, Health Insurance, M&G Polymers v Tackett

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Small Breaches Matter Too: OCR Broadens HIPAA Breach Investigations

The Regional Offices of the Department of Health and Human Services Office for Civil Rights (OCR) already investigate every reported Health Insurance Portability and Accountability Act (HIPAA) breach affecting 500 or more…more

Cyber Attacks, Data Breach, Health Care Providers, HIPAA, HIPAA Breach

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Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

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Employment Practices Newsletter - April 2016

Is Labor Law Putting the Franchise Business Model at Risk? - Over the course of the last year, we have kept you abreast of National Labor Relations Board (NLRB) case law and Department of Labor (DOL) interpretive/…more

Anti-Retaliation Provisions, Ballot Measures, DOL, EEOC, Hormel

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Ninth Circuit Says Age Discrimination Laws Apply to Public Employers of Any Size

In Guido v. Mount Lemmon Fire District, the Ninth Circuit Court of Appeals held that the Age Discrimination in Employment Act (ADEA) applies to public employers of any size…more

ADEA, Age Discrimination, Hiring & Firing, Public Employers

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CMS Prioritizes Patient Care, Allows Flexibility with MACRA Implementation

CMS has given health care providers a little breathing room when it comes to the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) implementation. MACRA will take effect on January 1, 2017, and moves toward the CMS…more

Alternative Payment Models (APM), CMS, Health Care Providers, Medicare, Medicare Access and CHIP Reauthorization (MACRA)

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Attention Mortgage Loan Servicers: Highest Court in Massachusetts Attempts to Clarify When Default Notices Must Strictly Comply with Paragraph 22 of the Standard Mortgage

The Massachusetts Supreme Judicial Court (SJC) provided further guidance - up to a point - on mortgagees’ strict compliance with the notice of default provisions within paragraph 22 of the standard mortgage (or the equivalent)…more

Foreclosure, Mortgage Loan Servicing Standards, Mortgages, Strict Compliance

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The Dangers of Reimbursing Employees for Individual Health Insurance Premiums--and the Limited Relief for Small Employers

Prior to the passage of the Affordable Care Act ("ACA") in 2010, employers were able to reimburse their employees for the premiums those employees paid for individual health insurance. This long-standing practice was changed…more

Affordable Care Act, DOL, Employer Group Health Plans, IRS, Medical Reimbursement Plans

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6th Circuit: Telling Supervisor to Stop Harassing Conduct Is Protected Activity Under Title VII

A company cannot fire an employee in retaliation for complaining to supervisors about sexual harassment, the Sixth Circuit recently held in Equal Employment Opportunity Commission v. New Breed Logistics, No. 13-6250 (6th Cir…more

Civil Rights Act, EEOC, Hiring & Firing, Retaliation, Sexual Harassment

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Congress Takes a Significant Step Towards Replacing Dodd-Frank and Gutting the CFPB

On June 8, 2017, as we anticipated in a previous blog post, the House of Representatives voted along party lines to pass the Financial CHOICE ACT (“FCA”), which would repeal Dodd-Frank and strip the CFPB of its authority…more

CFPB, Dodd-Frank, Financial CHOICE Act, Financial Regulatory Reform, Pending Legislation

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Cost Caps on Medical Procedures Approved

Federal officials recently approved “reference pricing,” a new cost-control mechanism that allows insurers to put a dollar limit on the amount that health plans pay for some expensive medical procedures, such as knee and hip…more

Affordable Care Act, Fee Caps, Healthcare, Healthcare Reform, Medical Expenses

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In a…more

Attorney-Client Privilege, Confidentiality Agreements, Controlled Substances Act, Inadvertent Disclosure, Marijuana

See all updates »

Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

See all updates »

Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

See all updates »

All Partnerships Need to Adapt to the New Partnership Audit Rules Now

Historically, partnerships and multiple-member limited liability companies ("LLCs") taxed as partnerships generally have not had to pay income taxes at the partnership level. As a result of federal tax law changes effective…more

Audits, Bipartisan Budget Act, Business Taxes, Income Taxes, Limited Liability Company (LLC)

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New Jersey's Department of Labor Issues New Rules Regarding "Ban the Box"

On December 7, 2015, the New Jersey Department of Labor and Workforce Development (the “NJDOL”) promulgated a set of regulations to enforce and more specifically define the restrictions contained in the State's "Opportunity to…more

Ban the Box, Criminal Background Checks, Hiring & Firing, Job Applicants, State Labor Departments

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Obamacare Reform Watch: Reimbursement Strategies in an Environment of Growing Out-of-Pocket Costs and an Expanding Self-Pay Population

The increase in patient financial responsibility for health care costs in the past ten years has outpaced consumer growth in wages. This escalation of out-of-pocket costs represents a major revenue cycle challenge for health…more

Health Care Providers, Health Insurance, Healthcare Reform, Medicaid, Medical Reimbursement

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All Partnerships Need to Adapt to the New Partnership Audit Rules Now

Historically, partnerships and multiple-member limited liability companies ("LLCs") taxed as partnerships generally have not had to pay income taxes at the partnership level. As a result of federal tax law changes effective…more

Audits, Bipartisan Budget Act, Business Taxes, Income Taxes, Limited Liability Company (LLC)

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No Settlement Offer, No Bad Faith Liability for Insurer

On October 7, 2013, the California Court of Appeal for the Second Appellate District held in Reid v. Mercury Insurance Company that an insurer that acknowledged its insured’s liability for a third party’s injuries and recognized…more

Bad Faith, Insurance Industry, Policy Limits, Settlement

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Beginning next year, Florida’s minimum wage is going up

On January 1st, 2017, the minimum wage in Florida will increase from $8.05 an hour to $8.10 an hour. This represents the fifth-smallest hourly increase since Florida established a state minimum wage in 2005. For tipped…more

Consumer Price Index, Minimum Wage, Wage and Hour

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Informing Illinois Newsletter - January 2017

How to Protect Business Information From Disclosure Under Illinois' FOIA - Local governments often possess sensitive proprietary information of their vendors or of regulated businesses. Because the Illinois Freedom of…more

Confidential Information, FOIA, Non-Disclosure Agreement, State and Local Government, Trade Secrets

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CMS Proposes Rule to Reverse Pre-Dispute Binding Arbitration Ban

On June 8, 2017, the Centers for Medicare & Medicaid Services ("CMS") published a proposed rule that would remove the ban on pre-dispute arbitration agreements instituted in an extensive final rule (The Reform of Requirements…more

Arbitration Agreements, CMS, Long Term Care Facilities, Pre-Dispute Arbitration

See all updates »

EEOC Issues New Guidance on National Origin Discrimination

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

Civil Rights Act, EEOC, National Origin Discrimination, Race Discrimination, Title VII

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Consumer Financial Services Newsletter - May 2016

Debt Collection Letters Now Have a Safe Harbor In The Second Circuit - Avila v. Riexinger & Associates, LLC, 15-1548, --- F.3d ---- , 2016 WL 1104776 (2d Cir. March 22, 2016) - The U.S. Court of Appeals for the Second…more

Class Action, Class Representatives, Debt Collection, FDCPA, Homeowners Association (HOA)

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Ninth Circuit Takes Narrow View of ERISA Surcharge Remedy

In Gabriel v. Alaska Electrical Pension Fund, the Ninth Circuit ruled that a pension plan participant could not be “made whole” by using the equitable remedy of surcharge to recover pension benefits he was erroneously told he…more

CIGNA v Amara, Employee Benefits, Equitable Surcharge, ERISA, Pensions

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

Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions? - Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP,…more

Attorney Malpractice, Attorney-Client Privilege, Breach of Contract, Conflicts of Interest, Disqualification

See all updates »

Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

See all updates »

California Insurers Asked to Submit Diversity Information About Boards of Directors

The California Department of Insurance (“CDI”) has issued a notification to insurers with 2013 written premiums of $100 million or more in California to complete and submit the CDI’s Governing Board Diversity Survey…more

Board of Directors, Directors, Disclosure Requirements, Diversity

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Supreme Court Watch: Debt Collector Filing Bankruptcy Proof of Claim for Time-Barred Debt Avoids FDCPA Liability

What does the United States Supreme Court's decision issued earlier this week in Midland Funding, LLC v. Johnson mean for debt collectors? It means that debt collectors may file proofs of claim in a debtor's bankruptcy on…more

Bankruptcy Court, Debt Collection, Debt Collectors, FDCPA, Midland Funding v Johnson

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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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Health Insurance Premium Regulation Bid Draws Criticism

Barger & Wolen partners Richard De La Mora and Richard Hopkins were both quoted in a Nov. 14, 2013, Daily Journal article, Hospital insurance premium regulations bid draws criticism, about a proposed ballot initiative intended…more

Health Insurance, Healthcare, Hospitals, Premiums

See all updates »

Employee's Emotional Distress Claim Not Pre-empted but Not Actionable Emotional Distress Either

The United States Court of Appeals for the 7th Circuit recently addressed whether common law tort claims arising during the employment relationship are pre-empted by the Illinois Human Rights Act simply because they share…more

Bullying, Common Law Torts, Emotional Distress Damages, Human Rights Act, Sexual Harassment

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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

FTC, Health Care Providers, Hospital Mergers, Hospitals, Preliminary Injunctions

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New Form I-9 Released: Ensure You Are In Compliance By September 18th

U.S. Citizenship and Immigration Services ("USCIS") published the newest version of the Form I-9 on July 17. The new Form I-9 replaces the version previously released on November 14, 2016. While the changes to the form are…more

DHS, E-Verify, Eligibility, Employer Liability Issues, Employment Eligibility Verification

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Violation of GINA Leads to Significant Jury Verdict Against Employer

Have you ever had a mystery employee defecating around your warehouse, damaging goods? Have you ever considered asking employees to provide cheek cell samples to determine the identity of the defecator? Hopefully, the answer…more

Employer Liability Issues, GINA, Jury Verdicts, Retailers, Trucking Industry

See all updates »

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In a…more

Attorney-Client Privilege, Confidentiality Agreements, Controlled Substances Act, Inadvertent Disclosure, Marijuana

See all updates »

Illinois Plaintiffs May Have More Time to File Medical Malpractice Wrongful Death Cases

Summary of the Decision - The Illinois Supreme Court recently entered a decision captioned Moon v. Rhode that holds the more liberal discovery rule applies to trigger the time to file medical malpractice wrongful death and…more

Discovery Rule, Medical Malpractice, Medical Negligence, Time Extensions, Wrongful Death

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A Fool For a Client?

If you think you can fix that mistake, think again. As lawyers, taking matters into our own hands is dangerous and ill-advised. We are all familiar with Abe Lincoln's maxim: “The lawyer who represents himself has a fool for…more

Attorney Malpractice, Professional Liability Insurance

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Health Law Alert: Pharmacies and Prescription Drug Dispensers...Are You Ready for The March 1, 2016 DSCSA Compliance Deadline?

In order to improve drug security throughout the supply chain, and to facilitate drug recalls and to address drug importation, diversion, and counterfeiting, Congress passed the Drug Supply Chain Security Act (the "DSCSA"). The…more

Drug Distribution, DSCSA, FDA, Manufacturers, Pharmaceutical Industry

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FDCPA Claims Related to Venue of State Court Collection and Garnishment Action Barred by Statute of Limitations and Rooker-Feldman Doctrine

Michael Marienthal v. Asset Acceptance, LLC and Wright, Lerch, & Litow, LLP, No. 1:14-1636, 2016WL795902 (SD. Ind.) - The U.S. District Court for the Southern District of Indiana granted debt collector and law firm’s…more

Debt Collectors, FDCPA, Motion to Dismiss, Small Claims Court

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National Pharmacy Avoids TCPA Claim for Flu Shot Robocall under Health Care Rule Exemption

A judge in the Southern District of New York recently held that an automated, pre-recorded message sent on behalf of Rite Aid informing recipients to obtain a flu vaccine shot was exempted from the Telephone Consumer Protection…more

FCC, Flu Shot Rule, Pharmacies, Popular, Rite Aid

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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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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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Baby Bump to Pregnant Employee Rights: Massachusetts Enacts Pregnant Workers Fairness Act

In another effort to take aim at disparate treatment of women in the workforce, Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act on July 27, 2017. The new law takes effect on…more

Duty to Accommodate, Hiring & Firing, New Legislation, Pregnancy, Pregnancy Discrimination

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California Supreme Courts Holds that Borrowers Can State a Claim for Wrongful Foreclosure Based on a Void Assignment of the Loan; Declines to Decide Whether a Late Assignment Into a Securitized Trust Is Void Under New York Law

In recent years, the plaintiffs' bar for borrowers resisting foreclosures has pushed the theory that a claim can be stated for wrongful foreclosure where a loan was transferred into a securitized trust after the closing date set…more

Assignments, Borrowers, CA Supreme Court, Loan Servicer, Loans

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Local Services Providers Receive Clarification of Enterprise Coverage Under the FLSA

Earlier this week, the Eleventh Circuit issued rare guidance to local service providers as to which employees must be paid overtime under the Fair Labor Standards Act (FLSA). In doing so, the Court clarified the distinction…more

Covered Employer, Employer Liability Issues, FLSA, Over-Time, Wage and Hour

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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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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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Maine Court Holds That Expert Testimony is Required to Prove Causation in Legal Malpractice Action

Brooks v. Lemieux, 2017 WL 1056194 (Me. 2017) - Brief Summary - The Maine Supreme Judicial Court recently held that expert testimony based on supporting facts in the record was required to prove causation between an…more

Attorney Malpractice, Expert Testimony

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Supreme Court Watch: Cities CAN Sue Banks for Predatory Lending

Over the last ten years, cities like Miami, Florida have experienced a decrease in property tax revenues, an increase in demand for police, fire and other municipal services, and an increase in foreclosures and vacancies,…more

Fair Housing Act (FHA), FEHA, Miami, Mortgages, Predatory Lending

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Medical Litigation Newsletter - Spring 2016

Reducing Monetary Recovery in “Lost Chance Of [Medical] Recovery” Cases - In medical malpractice cases involving solely “iatrogenic” loss (e.g., harm of or relating to medical treatment), plaintiff bears the burden of proof…more

Burden of Proof, Damages, Hospitals, Independent Contractors, Medical Malpractice

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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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Assessing the Impact of President Obama's Immigration Actions on Employees and Employers

Last week, President Obama outlined his plans for Presidential action relating to U.S. immigration system reform. Setting aside the significant process and procedural controversies, following is a brief summary of some of the…more

Barack Obama, DACA, DAPA, Deportation, Executive Orders

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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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Indiana Product Liability Act's Statute of Repose Found Unconstitutional For Asbestos Cases

On March 2, 2016, Justice Brent E. Dickson of the Indiana Supreme Court ruled on three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. Myers v. Crouse-Hinds Division of Cooper…more

Asbestos Litigation, Disparate Treatment, IN Supreme Court, Privileges and Immunities, Product Defects

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's…more

Attorney Malpractice, Attorney-Client Privilege, Conflicts of Interest, Disclosure, Public Entities

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The Uncertain Future of Micro-Units Under The NLRA

The stage is set for reconsideration and possible reversal of the NLRB’s decision in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), which allows "micro-units" of employees to organize a union…more

Micro-Unions, NLRA, NLRB

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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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Maine Court Holds That Expert Testimony is Required to Prove Causation in Legal Malpractice Action

Brooks v. Lemieux, 2017 WL 1056194 (Me. 2017) - Brief Summary - The Maine Supreme Judicial Court recently held that expert testimony based on supporting facts in the record was required to prove causation between an…more

Attorney Malpractice, Expert Testimony

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Are Employee Wellness Programs OK Under the ADA? EEOC Says Yes, But...

Until recently, businesses looking to make sure that their employee wellness programs comply with the ADA were without much help from the EEOC—besides a series of surprisingly unhelpful opinion letters and a one-sentence answer…more

ADA, Benefit Plan Sponsors, EEOC, ERISA, Medical Examinations

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Mortgages or milk - do you need to check your expiration date?

There are borrowers out there who believe that the Massachusetts Obsolete Mortgage Statute, M.G.L. c. 260 sec. 33, relieves them of their repayment obligations. This statute, amended back in 2006, provides that five years after…more

Borrowers, HSBC, Loans, Mortgages

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Attorney Fees Are Improper Where The Services Were Not A Catalyst For Municipal Action Under CEQA

In Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa, 2015 DJDAR 7857, the California Court of Appeal for the Fourth Appellate District decided an interesting case under the California Environmental Quality Act…more

Attorney's Fees, CEQA, Contract Disputes, Land Developers, Land-Use Permits

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How has New York law on bad faith claims against insurers developed since the Bi-Economy and Panasia decisions?

R. Steven Anderson and Kyle M. Medley provide analysis and historical perspective of two 2008 decisions from New York’s highest court. The full article, Tempest in a Teapot: New York’s Bi-Economy Decision Five Years Later,…more

Bad Faith, Damages, Insurance Industry

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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2017

Fee Splitting – Enforcement of Undisclosed Agreements – Need for Specificity - Marin v. Constitution Realty, LLC, 2017 N.Y. Slip. Op. 01019, 2017 WL 521504 - Risk Management Issue: Is an attorney fee-splitting agreement…more

Confidential Information, Due Diligence, Fee-Splitting, Law Firm Ownership, Risk Management

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Colorado Supreme Court Upholds the "Strict Privity Rule" When Interpreting Attorney-Client Relationship

Baker v. Wood, Ris & Hames, Professional Corporation, 364 P. 3d 872 (January 16, 2016) - Brief Summary - Colorado Supreme Court, en banc, analyzed whether dissatisfied beneficiaries of a testator-client's estate have…more

Attorney Malpractice, Attorney-Client Privilege, CO Supreme Court, En Banc Review, Privity of Contract

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Third Circuit Rules that a Single Voicemail on a Cell Phone is Sufficient to Confer Standing for a TCPA Claim

In another court's journey into the murky waters of constitutional standing post-Spokeo, the Third Circuit Court of Appeals concluded that one single voicemail on a consumer's cell phone is sufficient to confer standing under…more

Article III, Standing, TCPA, Unsolicited Phone Calls, Voicemail

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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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Illinois Hospital Licensing Act Regulations Reflect New Reality of Health System Governance

The Illinois Hospital Licensing Act regulations (Regulations) have been revised significantly to reflect the new reality of health system governance of hospitals. The revisions focus on the governance and medical staffs of…more

Health Care Providers, Hospitals, Licensing Rules

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

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862 (Feb…more

Attorney Misconduct, Attorney-Client Privilege, Client Representation, Conflicts of Interest, Contract Terms

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Obama Administration Delays Another Provision of Affordable Care Act

The Obama administration will allow health insurers to continuing offering plans that fail to meet the Affordable Care Act’s (ACA) minimum requirements for another two years…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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SCOTUS DECIDES: Three-Year Contractual Limitations Period Enforceable in ERISA LTD Plan

In Heimeshoff v. Hartford Life & Acc. Ins. Co. the United States Supreme Court held that a contractual limitations period in an ERISA long-term disability plan was enforceable and began to accrue before the administrator had…more

ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., SCOTUS, Statute of Limitations

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Informing Illinois Newsletter - August 2016

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants to…more

Body Worn Cameras, DOJ, Email, FOIA, Law Enforcement

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Nurse's Poor Work Performance Outweighs Claims of Whistleblower Retaliation

Lisa Pedersen was a dialysis clinic nurse who was responsible for assessing patients, working with physicians, and administering medication to patients. Pedersen was counseled about aggression in the workplace and other…more

Adverse Employment Action, Employer Liability Issues, Nurses, Performance Reviews, Poor Job Performance

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Colorado Latest State to Define Debt Buyers as Debt Collectors; Will Others Soon Follow?

On June 1, 2017, just two weeks before the U.S. Supreme Court's unanimous decision in Henson v. Santander Consumer USA, Inc., Colorado Governor John Hickenlooper signed the revised Colorado Fair Debt Collection Practices Act to…more

Debt Buyers, Debt Collection, Debt Collectors, FDCPA

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New California Law Imposes Liability On Companies Where Labor Contractors Fail To Pay Wages Or Provide Workers’ Compensation Insurance

On Sunday, September 28, 2014, California Governor Jerry Brown signed into law AB 1897 (D-Hernandez), which imposes liability on companies who use subcontracted temporary labor if the temp company fails to pay wages or provide…more

Employer Liability Issues, New Legislation, Staffing Agencies, Subcontractors, Wage and Hour

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

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

Internet, Legal Ethics, Rules of Professional Conduct, Young Lawyers

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Tales of the FLSA: The Case of the Complaining Manager

What can you do when your boss won't listen to you, the Manager/Director of Human Resources? "Keep complaining," the Ninth Circuit said (not in those words). Complaints, Complaints, and More Complaints - In…more

Anti-Retaliation Provisions, FLSA, Job Duties, Managers, Termination

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Workers' Comp Plaintiff Attorneys Might Be Getting a Bigger Payday in Florida

On April 20, 2016, the 1st District Court of Appeals fired the most significant shot in years at controversial attorney fee restrictions in Florida. In 2003, the Florida State Workers' Compensation Statute placed strict…more

Appeals, Attorney's Fees, Contingency Fees, First Amendment, FL Supreme Court

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Case Reminds Insurance Agents to Review Process of Receiving Approval from Insureds Before Submitting Applications to Carriers

Schmidt v. Indiana Insurance Co., No. 22S01-1507-PL-412, Supreme Court of Indiana, December 2, 2015 - Plaintiff was the owner of a house in which he allowed his cousin to live from 2007 to 2009. When the cousin moved out,…more

Appeals, Bad Faith, Breach of Duty, Fiduciary Duty, Fire Insurance

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Medical Litigation Newsletter - December 2016

Defending Audits Before They Happen: A Practical Guide to Documenting to Sustain A Challenge to E/M Codes - Although many believe malpractice suits to be the primary risk-management issue facing healthcare providers, an…more

Attorney-Client Privilege, Audits, Billing, Documentation, Health Care Providers

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No Surrender: Massachusetts Appeals Court Preserves Foreclosure Challenges for Bankruptcy Petitioner

Like Bruce Springsteen, a Massachusetts bankruptcy debtor said "no surrender" when it came to his home. In EverBank v. Chacon, a panel of the Massachusetts Appeals Court issued a non-binding decision that a debtor's "surrender"…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 7, Foreclosure

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In-Firm Privilege: Lawyers Have Legal Problems Too

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

Attorney-Client Privilege, Legal Advice Privilege, Legal Ethics

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District Manager Correctly Classified as Independent Contractor … Not an Employee

The California Court of Appeal for the Second Appellate District (Division Three) recently issued its ruling in Beaumont-Jacques v. Farmers Group, Inc., et al., affirming the trial court’s determination on summary judgment that…more

Full-Time Employees, Independent Contractors, Insurance Industry, Managers

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Second Circuit Affirms Denial of Class Certification in FDCPA Action for De Minimus Recovery

Gallego v. Northland Grp. Inc., No. 15-1666-CV, 2016 WL 697383 (2d Cir. Feb. 22, 2016) - Debtor brought a class action against a debt collector alleging violations of the Fair Debt Collection Practices Act (FDCPA) by…more

De Minimis Claims, Debt Collection, FDCPA, Putative Class Actions, Subject Matter Jurisdiction

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EEOC Sues Illinois Employer for Refusing to Provide Disabled Employee Additional Leave

You have complied with the Family Medical Leave Act by allowing an employee with a serious medical condition 12 weeks of leave. You even provided a few additional weeks even though he has exhausted all available leave. When the…more

ADA, Corporate Counsel, EEOC, FMLA, Medical Leave

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Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC, a…more

Appeals, CFPB, Damages, Debt Collectors, Debtors

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Take Note: Employers are Helping Pay Student Loans and Consumer Advocates are Watching Closely

A growing number of employers are offering student loan repayment assistance as a means of attracting and retaining talent. Industries like tech, financial services, and health services are among the early adopters, offering…more

CFPB, Consumer Financial Products, Employee Benefits, Financial Services Industry, Loan Servicer

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Employer Beware: The Time to Use the New Form I-9 Is Now

On January 22, 2017 employers became obligated to use a new Form I-9, dated November 14, 2016. Prior versions of the I-9 form are no longer valid. Employers should continue to follow existing storage and retention rules…more

Employee Retention, Employment Eligibility Verification, Hiring & Firing, I-9, Immigration and Nationality Act

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Consumer Financial Services Newsletter - July 2017

Sixth Circuit Rings the Spokeo Bell in FDCPA Ruling Involving Discovery Statute Violation - In May 2016, the U.S. Supreme Court ruled on whether the Fair Credit Reporting Act ("FCRA") created a right confering Article III…more

Article III, Fair Housing Act (FHA), FCRA, FDCPA, Predatory Lending

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Consumer Financial Services Newsletter - June 2016

Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the United…more

Affidavits, Appeals, Borrowers, Consumer Bankruptcy, Debt Collectors

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Supervisor's "Hitler" Comment Not Enough to Create Hostile Work Environment

Does a single incident create a hostile work environment? Just this month, the U.S. Court of Appeals for the Fifth Circuit held that one offensive comment was insufficient to create a hostile work environment…more

Employer Liability Issues, Hostile Environment, Offensive Language

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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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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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California Labor Commissioner Delivers A Blow to the Ride Sharing Independent Contractor Concept

The decision to classify workers as independent contractors versus employees can be a costly one, but nevertheless, continues to be a decision many employers make quickly and without regard for the potential risks. In…more

Employer Liability Issues, Independent Contractors, Labor Commissioners, Misclassification, Uber

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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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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - February 2017

Joint Representation — Conflicts of Interest — Waiver - Foltz v. Columbia Casualty Company, 2016 WL 4734687 (W.D. Ok. 2016) - Risk Management Issue: Can client A's waiver, given with informed consent, permitting lawyer…more

Conflicts of Interest, Email, Informed Consent, Reporting Requirements, Risk Management

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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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Take Note: Employers are Helping Pay Student Loans and Consumer Advocates are Watching Closely

A growing number of employers are offering student loan repayment assistance as a means of attracting and retaining talent. Industries like tech, financial services, and health services are among the early adopters, offering…more

CFPB, Consumer Financial Products, Employee Benefits, Financial Services Industry, Loan Servicer

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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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Happiness is not a Fresh Baguette: Failure to Redact Expiration Date Insufficient to Create Standing under FACTA

Happiness is not a fresh baguette…at least not for one FACTA plaintiff. In Crupar-Weinmann v. Paris Baguette America, Inc., the Second Circuit, in line with the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, 136…more

Corporate Counsel, Debit and Credit Card Transactions, FACTA, Spokeo v Robins

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Florida Poised to Become Next State to Outlaw Pregnancy Discrimination

On April 24, 2015, the Florida Legislature passed a bill banning discrimination against pregnant women at work and in public places. While passing unanimously in the Florida Senate and receiving near-unanimous passage in the…more

Amended Legislation, Employer Liability Issues, Governor Scott, Pregnancy Discrimination

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Employer's "No Re-Hire" Provision May Violate California's Non-Compete Laws

Pretty much everyone knows that California courts do not favor covenants not to compete. We even have our own state laws that address this very issue (Business & Professions Code section 16600). But what about provisions in…more

Corporate Counsel, Employment Contract, Hiring & Firing, Non-Compete Agreements, Popular

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Concurrent Causation from "A Medley of Interesting Disability Cases"

Facts and holding: Rita Kruk (“Kruk”), a Human Resources Specialist, was a participant in an ERISA plan provided through her employment that provided disability benefits. Kruk’s Plan stated that if a disability was due to a…more

Causation, Concurrent Causation, Disability, Disability Benefits, Disability Discrimination

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's…more

Attorney Malpractice, Attorney-Client Privilege, Conflicts of Interest, Disclosure, Public Entities

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20 Days Left to File Your Annual HIPAA Breach Report

Did your organization experience a HIPAA breach involving fewer than 500 individuals in 2015? If so, remember to submit your mandatory report to the Secretary of HHS no later than February 29, 2016, through the online breach…more

Breach Notification Rule, Covered Entities, Filing Deadlines, HIPAA Breach, PHI

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Breaking News: U.S. Supreme Court Decides Whether Claims are Moot in Gomez

The Supreme Court affirmed the Ninth Circuit's ruling and held that Defendant's unaccepted settlement offer or offer of judgment did not moot Plaintiff's case. Campbell-Ewald Co. v. Gomez, — U.S.— (Jan. 20, 2016)…more

Article III, Campbell Ewald v Gomez, Class Action, Class Representatives, Injunctions

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U.S. Supreme Court Decision Limits Extraterritorial Reach of U.S. Patents: What Manufacturers and Exporters Need to Know

The U.S. Supreme Court's decision on February 22, in Life Technologies Corp. v. Promega Corp. limits the ability of a U.S. patent to cover infringing activity abroad. In particular, the Court held that a single component of a…more

Component Parts Doctrine, Exporters, Extraterritoriality Rules, Life Technologies Corp v Promega Corp, Manufacturers

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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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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In a…more

Attorney-Client Privilege, Confidentiality Agreements, Controlled Substances Act, Inadvertent Disclosure, Marijuana

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California Adds New Notice Requirement for Domestic Violence, Sexual Assault and Stalking Victims

Employers, another notice provision has taken effect in California. Beginning on July 1, 2017, employers with at least 25 employees must now provide written notice to new employees that explain the rights of victims of domestic…more

Domestic Violence, Employee Handbooks, Employee Rights, Employer Liability Issues, Labor Code

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Court Dismisses Case Filed Under the Defend Trade Secrets Act

Earlier this year, we notified you about the passage of the Defend Trade Secrets Act of 2016 (DTSA) and how it affects employers. On August 8, 2016, a U. S. District Judge in the Southern District of Florida dismissed one of…more

Confidential Information, Corporate Counsel, Defend Trade Secrets Act (DTSA), Dismissals, Duty to Protect

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Informing Illinois Newsletter - January 2017

How to Protect Business Information From Disclosure Under Illinois' FOIA - Local governments often possess sensitive proprietary information of their vendors or of regulated businesses. Because the Illinois Freedom of…more

Confidential Information, FOIA, Non-Disclosure Agreement, State and Local Government, Trade Secrets

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The Lawyers' Lawyer Newsletter - Halloween Issue October 2016

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

Civil Monetary Penalty, Conflicts of Interest, Disgorgement, Disqualification, FDA

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Consumer Financial Services Newsletter - July 2016

Eighth Circuit Holds That Filing Accurate Proof of Claim on Time-Barred Debt Does Not Violate the FDCPA - Nelson v. Midland Credit Mgmt., Inc., No. 15-2984, 2016 WL 3672073 *1 (8th Cir. July 11, 2016) - On July 11,…more

Auto-Dialed Calls, Chapter 13, Consumer Bankruptcy, Debt Collection, FDCPA

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Health Law Alert: Pharmacies and Prescription Drug Dispensers...Are You Ready for The March 1, 2016 DSCSA Compliance Deadline?

In order to improve drug security throughout the supply chain, and to facilitate drug recalls and to address drug importation, diversion, and counterfeiting, Congress passed the Drug Supply Chain Security Act (the "DSCSA"). The…more

Drug Distribution, DSCSA, FDA, Manufacturers, Pharmaceutical Industry

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Consumer Financial Services Newsletter - June 2016

Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the United…more

Affidavits, Appeals, Borrowers, Consumer Bankruptcy, Debt Collectors

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Absent a Fee-Sharing Agreement Signed by Client, Referring Attorney Cannot Recover Fees From Receiving Attorney

Naughton v. Pfaff, 2016 IL.App (2nd) 150360 - Brief Summary - A referring attorney sought to recover under an oral fee-sharing agreement with another attorney, alleging that their agreement constituted a joint venture…more

Attorney's Fees, Breach of Contract, Fee-Sharing, Fiduciary Duty, Joint Venture

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Consumer Financial Services Newsletter - November 2016

D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second - The future of the Consumer Financial Protection Bureau (CFPB) is up for grabs following a landmark Court of Appeals Decision, PHH Corporation v. Consumer…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

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Rhode Island Federal Court Refuses to Dismiss FDCPA Case against Law Firm Pursuing Mortgage Foreclosure

Should a law firm pursuing foreclosure on behalf of a mortgagee be considered a debt collector? That is a question at issue in a Rhode Island federal court case, in which borrower Lloyd Amesbury filed a class action lawsuit…more

Debt Collection, FDCPA, Foreclosure, Mortgages

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Forgiveness of Debt Can Prove Unforgiving, But a New Federal Court Decision Gives Cause for Optimism

A federal court in New Jersey recently dismissed a putative class action filed under the Fair Debt Collection Practices Act, which had argued that it was deceptive conduct for a debt collector to inform the debtor that…more

Debt Collectors, FDCPA, IRS, Putative Class Actions

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United States Seeks 'At Will' Removal of CFPB Director

Trump's Preferred Method of Scaling Back Consumer Financial Regulation is Appointment of New CFPB Director - As expected, the United States on Friday filed an amicus brief in PHH Corp. et al. v. Consumer Financial Protection…more

CFPB, Constitutional Challenges, PHH Corp. v CFPB, Removal At-Will, Removal For-Cause

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California Court Expands Going and Coming Rule

Craig Schultz was a drafter for a civilian company that had several buildings located on a large U.S. Air Force base. He drove his personal vehicle onto the base, and was permitted to travel around the base and use military…more

Employer Liability Issues, Going and Coming Rule, Military Service Members, U.S. Navy, Workplace Injury

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California Insurance-Related Bills Signed into Law

September 30, 2014, was the deadline for Governor Jerry Brown to take action on bills passed by the California Legislature during the 2014 regular legislative session. Here are summaries of noteworthy insurance-related bills…more

Insurance Holding Company, Insurance Industry, Insurance Reform

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New York Paid Family Leave: Tax Implications and Guidance

The New York State Department of Taxation and Finance (“Department”) recently released its guidance on the tax implications of the New York Paid Family Leave Benefits (“PLF”) law for New York employees, employers, and insurance…more

Paid Family Leave Law, Paid Leave, Wage and Hour

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Aching Joints: Franchisor Avoids Liability for Franchisee's Labor Disputes

Any time an employer is involved in a franchise relationship, there are bound to be unique issues when legal disputes arise, particularly in the employment context. It is no longer surprising to see the names of any and all…more

CNN, Employer Liability Issues, Franchise Agreements, Franchisee, Franchises

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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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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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NLRB's Marina Del Rey Decision Provides a Primer On Keeping Employees Out of the Workplace After Hours

In the day and age when employees are working longer hours than ever, would an employer want to ban employees from workplace premises after their shift is over? Marina Del Rey Hospital did, and implemented a policy preventing…more

Anti-Union Actions, Corporate Counsel, Employee Rights, Employer Liability Issues, NLRA

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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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Proposed Changes to Model Rule 8.4 (or Something Like Them) May Already Be in Effect in Your Jurisdiction

The ABA Standing Committee on Ethics and Professional Responsibility has recently proposed amending the ABA Model Rules of Professional Conduct to add to Rule 8.4 a prohibition against harassment or discrimination based on race,…more

American Bar Association (ABA), Anti-Discrimination Policies, Anti-Harassment Policies, Legal Ethics, Model Rules

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Securities Rules for Private Equity Financings

In order to sell securities (notes, common stock, preferred stock, membership interests in an LLC), a company must either register the sale under federal and state securities laws or find an exemption from such registration…more

Accredited Investors, Bad Actors, Crowdfunding, Exemptions, Private Equity

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A Federal Judge Said Some Really Nasty and Unfair Things About Me—Can I Appeal?

What standards apply in the federal circuit courts to appeal a finding that a lawyer acted improperly? One particularly confusing area of ethics practice is the test in federal circuit courts to appeal a “finding” that a…more

Appeals, Attorney Misconduct, Ethics, Legal Ethics, Sanctions

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Court Dismisses Case For No Diversity Jurisdiction 2 Days After Filing

In an unusual display of speedy discretion, federal District Judge Sheri Polster Chappell wasted no time in dismissing the complaint on a public works payment bond filed by Advance Industrial Coating, LLC in Advance Indus…more

Contractors, Diversity Jurisdiction, Federal Jurisdiction, Insurance Industry, Jurisdiction

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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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Estate Planning Newsletter - December 2016

Hinshaw’s Estate Planning Newsletter includes reports on opportunities and challenges that may impact your estate plan. This publication is designed to keep our clients and friends aware of certain opportunities and challenges…more

Estate Planning, Estate Tax, Exclusions, Gifts, Income Taxes

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In Unanimous Decision, SCOTUS Shields Debt Buyers From Reach of FDCPA But Important Questions Still Remain

Just two months after hearing argument in Henson v. Santander Consumer USA, Inc., the Supreme Court declined the opportunity to expand the Fair Debt Collection Practices Act ("FDCPA") to debt buyers. In an earlier blog post, we…more

Debt Buyers, Debt Collectors, FDCPA, Henson v Santander Consumer USA, SCOTUS

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's…more

Attorney Malpractice, Attorney-Client Privilege, Conflicts of Interest, Disclosure, Public Entities

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

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862 (Feb…more

Attorney Misconduct, Attorney-Client Privilege, Client Representation, Conflicts of Interest, Contract Terms

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U.S. Supreme Court Clarifies Standards for Free Appropriate Public Education

In a unanimous decision, the U.S. Supreme Court issued its decision today on the appropriate standard for determining what constitutes a Free Appropriate Public Education (FAPE) in Endrew F. v. Douglas Cty. Sch. Dist. RE-1, 580…more

ADA, Due Process, Endrew F. v Douglas County School District, Free Appropriate Public Education (FAPE), IDEA

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Trees Grow Back -- Paper Your File

Papering your file (or PDFing an electronic file) is an important, if underappreciated, method to protect both you and your clients. Regular memos to a file will help cut down time necessary to analyze a new development in your…more

Attorney Malpractice, Discovery, Document Review, Legal Project Management, Young Lawyers

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Consumer & Class Action Litigation Newsletter - January 2016

Plaintiff's Attempts to Turn Alleged "Clicking" and "Dead Air" into a TCPA Violation Rejected - Norman v. AllianceOne Receivables Mgmt., Inc., No. 15-1780, 2015 WL 9286778 (7th Cir. Dec. 22, 2015) - The Seventh Circuit…more

Class Action, Debt Collectors, FDCPA, Foreclosure, Homeowners Association (HOA)

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Florida Issues Ethics Guidance for Accountants Advising Marijuana Businesses

The Florida Board of Accountancy recently joined a small group of states in issuing guidance on whether providing accounting services to a marijuana related business violates an accountant's ethical requirements. The Board…more

Accounting, Accounting Standards, CPAs, Ethics, Marijuana

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Sony and Its Insurers Wrangle over Coverage for Data Breach

According to a Law360 report, Sony Corp.’s lawyers recently asked a New York appeals court to overturn a trial court’s ruling that a data breach did not involve the “publication” of private information within the meaning of…more

Class Action, Commercial General Liability Policies, Data Breach, Insurance Litigation, Personally Identifiable Information

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Ninth Circuit Holds That DOL May Expand Regulation of Employers’ Tip Pooling Practices

The restaurant and gaming industry lost a battle in the Ninth Circuit over whether employers that pay their workers at least the minimum wage are subject to Department of Labor regulations restricting tip pooling arrangements…more

DOL, FLSA, Gaming, Minimum Wage, Restaurant Industry

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Continuous Representation Rule Does Not Apply Merely Because Attorney Remains Counsel of Record

Moonlight Enterprise, LLC v. Mroz, 2017 WL 1237947 (Va. March 30, 2017) - Brief Summary - The Virginia Supreme Court held that the continuous representation rule does not apply to an attorney who ceases to perform legal…more

Attorney Malpractice, Statute of Limitations, VA Supreme Court

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Medical Litigation Newsletter - December 2016

Defending Audits Before They Happen: A Practical Guide to Documenting to Sustain A Challenge to E/M Codes - Although many believe malpractice suits to be the primary risk-management issue facing healthcare providers, an…more

Attorney-Client Privilege, Audits, Billing, Documentation, Health Care Providers

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Congress Takes a Significant Step Towards Replacing Dodd-Frank and Gutting the CFPB

On June 8, 2017, as we anticipated in a previous blog post, the House of Representatives voted along party lines to pass the Financial CHOICE ACT (“FCA”), which would repeal Dodd-Frank and strip the CFPB of its authority…more

CFPB, Dodd-Frank, Financial CHOICE Act, Financial Regulatory Reform, Pending Legislation

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Consumer Financial Services Newsletter - June 2016

Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the United…more

Affidavits, Appeals, Borrowers, Consumer Bankruptcy, Debt Collectors

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Settle and Pay? The California Supreme Court Says, “Yes.”

A plaintiff who voluntarily dismisses a lawsuit after entering into a monetary settlement may be a “prevailing party” entitled to costs and fees under California law. deSaulles v. Community Hospital of the Monterey…more

Corporate Counsel, Fee Awards, Litigation Fees & Costs, Prevailing Party, Settlement

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SEC Proposes to Add New Reporting Events to the Municipal Disclosure Rule

On March 15, 2017, the U.S. Securities and Exchange Commission (SEC) published for public comment proposed amendments to the Municipal Disclosure Rule, Rule 15c2-12 under the Securities Exchange Act of 1934. The proposed…more

Broker-Dealer, MSRB, Proposed Amendments, Public Comment, Rule 15c2-12

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Be Careful How, And With Whom, You Associate

Attorney associations are valuable means to reduce overhead and expenses, and provide support for sole practitioners. However, casually creating an association can give rise to issues, including increased exposure to vicarious…more

Legal Ethics, Limited Liability Company (LLC), Rules of Professional Conduct, Vicarious Liability, Young Lawyers

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Trump Administration Rescinds Guidance on Title IX and Transgender Students

On February 22, 2017, the U.S. Departments of Education and Justice published a Dear Colleague Letter (DCL) rescinding previous guidance that had sought to protect transgender students' rights. This rolling back of guidance…more

Dear Colleague Letter, Department of Energy (DOE), School Restrooms, Students, Title IX

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NY Strengthens Law Concerning Zombie Properties as Well as Good Faith Negotiations

New York Senate Bill S8159 - On June 23, 2016, the New York State Legislature passed a bill imposing new requirements upon mortgage servicers seeking to foreclose on defaulted home loans. The bill — S8159, dubbed the…more

Abandoned Property, Borrowers, Consumer Bill of Rights, Foreclosure, Good Faith

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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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