Hinshaw & Culbertson LLP

Doctor's Legal Malpractice Claim Tossed Based on Her Failure to Demonstrate "But For" Causation

Manveen Saluja, M.D. v. Honigman Miller Schwartz & Cohn, LLP, 2017 WL 1033751 (Mich. 2017) - Brief Summary - Summary judgment in favor of defendants was affirmed based on plaintiff's failure to establish that but for…more
| Civil Procedure, Professional Malpractice

Federal Contractors and Sub-contractors Win in Rollback of "Blacklisting" Rule

President Trump signed a Congressional Review Act resolution that rolled back the Fair Pay and Safe Workplaces Act, which would have required bidders for federal contracts to disclose their alleged labor and employment law…more
| Elections & Politics, Government Contracting, Labor & Employment Law

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
| Civil Rights, Constitutional Law, Education

SEC Charges More Public Companies for Confidentiality Agreements That Might Deter Whistleblowers

In the past two years, the SEC has charged six public companies with violating SEC Rule 21F-17, which prohibits confidentiality agreements that could impede employees from making whistleblower claims directly to the SEC. Since…more
| Commercial Law & Contracts, Labor & Employment Law, Privacy, Science, Computers, & Technology

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
| Civil Procedure, Constitutional Law, Consumer Protection

Communications Between Public Relations Firm and Counsel Held Not Privileged

Behunin v Superior Court, __ Cal. Rptr. 3d ___ 2017 WL 977095 (March 16, 2017) - Brief Summary - The Second District of the California Court of Appeal ruled that communications between counsel and a public relations firm…more
| Civil Procedure

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
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking, Science, Computers, & Technology

Three Things You Missed Since CFPB Received En Banc Hearing in PHH Case

All eyes are on the future of the CFPB as it fights for its existence in the D.C. Circuit Court of Appeals through the matter, PHH Corp. et al. v. Consumer Financial Protection Bureau. On February 16, the D.C. Circuit agreed to…more
| Administrative Law, Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking

State Court Lacks Jurisdiction Over Legal Malpractice Claim That Required Court To Resolve Federal Issues Relating To Scope, Validity Or Infringement Of Patent

Solar Dynamics, Inc. v. Buchanan Ingersoll & Rooney, P.C., 2017 WL 519314 (Fla. 2017) - Brief Summary - A Florida appellate court held that the trial court lacked jurisdiction over a legal malpractice action that…more
| Civil Procedure, Intellectual Property, Professional Malpractice

Supreme Cout Leaves Transgender Bathroom Issue Unresolved

Gavin Grimm is a transgender boy living in Virginia. Grimm attends school in the Gloucester County School District, which adopted a new policy requiring students to use the bathroom of their birth gender. Previously, Grimm had…more
| Civil Rights, Education

CMS Begins Enforcement of New State Surveyors Requirement-Resident Abuse through Photography

On August 5, 2016 CMS issued new guidance advising survey teams to request and review facility policies and procedures that prohibit staff from taking, keeping and/or distributing photographs and recordings that demean or…more
| Communications & Media Law, Health

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
| Civil Rights, Education, Elections & Politics

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
| Elections & Politics, Health

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
| Civil Procedure, Communications & Media Law, Science, Computers, & Technology
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