Hinshaw & Culbertson LLP

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

HHS Proposed Rule Signals Future of Obamacare May be Repair not Repeal

On Wednesday, February 15, 2017, the Health and Human Services Department (HHS) announced a proposed rule designed to help stabilize the Affordable Insurance Exchanges for the 2018 benefit year. The rule proposes several…more
| Health

Consumer Financial Services Newsletter - February 2017

Seventh Circuit Finds Bank's Response to RESPA Request "Almost Perfect" - Perron v. J.P. Morgan Chase Bank, N.A., Case No. 15-cv-2206 (7th Cir. 2017) - The United States Court of Appeals for the Seventh Circuit…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

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 Prior versions of the I-9 form are no longer valid.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
| Immigration Law, Labor & Employment Law

TREND WATCH: Philadelphia Becomes the First City in America to Ban Inquiries into a Job Applicant’s Wage History

On Monday, with the signing of the Philadelphia Wage Equity Ordinance, the city's Fair Practices Ordinance was amended to prohibit employers from asking about an applicant's wage history at any point during the hiring process,…more
| Labor & Employment Law

Retroactive Accommodations to Excuse Past Misconduct Not Required under the ADA

Envision a situation where you are about to terminate an employee for violating a work conduct rule. Sensing what is coming, the employee explains to you her disability caused her to violate the rule. Are you required to…more
| Civil Procedure, Labor & Employment Law

EEOC Seeks Public Input on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC issued Proposed Enforcement Guidance on Unlawful Harassment on January 10, 2017. It is designed to consolidate numerous agency guidelines into one document and addresses hostile work environment harassment prohibited by…more
| Civil Rights, Labor & Employment Law

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
| Business Organizations, Privacy, Science, Computers, & Technology

Mere Receipt Of A Collection Letter – Without More – Does Not Give Standing to Sue

The District of New Jersey, in Benali v. AFNI, granted summary judgment to creditor on Spokeo grounds, denied consumer’s motion for summary judgment and denied consumer’s class certification as moot in a claim involving a…more
| Civil Procedure, Constitutional Law, Finance & Banking

Seventh Circuit Affirms Dismissal of Malpractice Claim Based on Plaintiff's Failure to Plead "But For" Causation

West Bend Mutual Ins. Co. v. Schumacher, ___ F.3d ___, 2016 WL 7395708 (7th Cir. 2016) - Brief Summary - Plaintiff, a workers' compensation insurer, filed a legal malpractice action against former defense counsel,…more
| Civil Procedure, Labor & Employment Law, Professional Malpractice

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
| Taxation, Wills, Trusts, & Estate Planning

Consumer Financial Services Newsletter - December 2016

Seventh Circuit Dismisses Consumer's FACTA Case Pursuant to Spokeo - The Seventh Circuit remanded a Fair and Accurate Credit Transactions Act (FACTA) case, Jeremy Meyers v. Nicolet Restaurant of De Pere, LLC, instructing…more
| Civil Procedure, Constitutional Law, Finance & Banking

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
| Civil Procedure, Finance & Banking, Health, Professional Malpractice

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