Author Info for Hinshaw & Culbertson LLP

Kelechi Ajoku

Illinois Adopts AI-in-Employment Regulations: What Employers Must Know for 2026

Illinois recently expanded the state’s prohibitions on the use of artificial intelligence (AI) in employment. In 2020, Illinois enacted the Artificial Intelligence Video Interview Act (AIVIA), which regulates employers’ use of… more

Artificial Intelligence, Automated Decision Systems (ADS), Employer Responsibilities, Employment Discrimination, Hiring & Firing

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David Alfini

[Webinar] California Senior Living–2026 Legal, Regulatory, and Insurance Update - April 29th, 12:00 pm PT

Join legal and industry professionals on April 29, 2026, at 12:00 pm PT, for the California Senior Living–2026 Legal, Regulatory, and Insurance Update, a timely webinar designed to help administrators, owners, and operators… more

Assisted Living Facilities (ALFs), California, Continuing Care Retirement Communities, Continuing Legal Education, Elder Care

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Dustin Alonzo

FTC Finalizes Significantly Narrowed Junk Fees Rule – Initial Takeaways Applicable to the Auto Industry

On December 17, 2024, the Federal Trade Commission (FTC) issued its final trade regulation rule, "Rule on Unfair or Deceptive Fees," commonly referred to as the "Junk Fees Rule." We review the significance of the Final Rule as… more

Automotive Industry, Car Dealerships, CARS Rule, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC)

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Sarah Anderson

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

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

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

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Albert Angelo

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

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

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

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Anthony Antognoli

Seventh Circuit Rules Attempted Retirement Plan Beneficiary Change Failed Compliance Test

A recent decision from the US Court of Appeals for the Seventh Circuit involving the retirement plan account of a deceased participant usefully illustrates the importance of following plan procedures when updating beneficiary… more

Appeals, Beneficiaries, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Alexander Baggio

DOL Proposes Increases in Exempt Employee Salary and Annual Compensation Requirements

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

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

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Robert Bailey

Hinshaw Legal Team Secures First Appellate‑Level Decision in NY Sanctioning Misuse of Gen-AI in Litigation

In Deutsche Bank National Trust Company v. LeTennier, the Appellate Division, Third Department issued a significant published decision that not only affirms the challenged orders, leaving the foreclosure judgment in favor of the… more

Appellate Courts, Artificial Intelligence, Business Litigation, Financial Institutions, Financial Services Industry

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Amanda Becker

An Outline of Employer Obligations Under Minnesota’s New Paid Family and Medical Leave

Minnesota’s Paid Family and Medical Leave (“Paid Leave”) establishes a state-administered wage replacement program commencing on January 1, 2026. Employers with Minnesota-based employees should be aware of several decisions and… more

Compliance Dates, Employee Benefits, Employees, Employer Liability Issues, Employer Responsibilities

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V. Bensinger

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

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

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

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Mark Berhow

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

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

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

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Samuel Bodurtha

First Circuit Rules Rhode Island Interest-on-Escrow Law is Not Preempted by National Bank Act

A recent ruling by the US Court of Appeals for the First Circuit could signal heightened exposure for lenders and servicers to state escrow-on-interest statutes, along with greater litigation risk. Case Background- In… more

Appeals, Appellate Courts, Banking Sector, Breach of Contract, Class Action

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William Bogdan

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

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

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

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Robert Bohner

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

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

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

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Roy Bossen

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

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

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

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Dana Briganti

New York City Department of Consumer and Worker Protection Announced Another Delay to the Effective Date for its Final Rules Relating to Debt Collectors

In January 2025, the New York City Department of Consumer and Worker Protection (DCWP) issued a Notice of Change of Effective Date (Notice), further delaying the effective date for the final rules relating to debt collectors… more

City of New York, Consumer Financial Products, Debt Collection, Debt Collectors, Effective Date

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Robert Buchholz

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

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

Attorney Malpractice, Continuing Legal Education, Events, Law Firm Associates, Law Firm Partners

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Lisa Burman

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

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

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

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Lauren Campisi

FTC Finalizes Significantly Narrowed Junk Fees Rule – Initial Takeaways Applicable to the Auto Industry

On December 17, 2024, the Federal Trade Commission (FTC) issued its final trade regulation rule, "Rule on Unfair or Deceptive Fees," commonly referred to as the "Junk Fees Rule." We review the significance of the Final Rule as… more

Automotive Industry, Car Dealerships, CARS Rule, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC)

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Peter Carlson

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

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

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

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Curtis Carr Jr.

New York’s AVOID Act Impacts Third-Party Action Practice: Could it Do More Harm than Good?

“Aegrescit Medendo,” Virgil: Aeneid Book XII. That is: Sometimes healing makes the situation worse. On December 19, 2025, New York Governor Kathy Hochul signed the AVOID Act (“Avoiding Vexatious Overuse of Impleading to… more

Business Litigation, Commercial Litigation, CPLR, Filing Deadlines, Indemnification

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Mark Carter

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

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

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

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Mitchel Chargo

DEA's Decision to Reschedule Marijuana Represents a Massive Shift in U.S. Drug Policy, But Challenges for Cannabis Industry Remain

Earlier this week, we learned that the United States Drug Enforcement Administration (DEA) will likely reclassify marijuana under federal law from Schedule I to Schedule III of the Controlled Substances Act (CSA) based upon the… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Classification, Controlled Substances, Controlled Substances Act

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Katherine Cheng Arnold

Employers: Ensure You Are in Compliance with California’s New AI Anti-Discrimination Rules -Under the Fair Employment and Housing Act (FEHA)

California has made it clear that artificial intelligence (AI) utilization must conform to long-standing anti-discrimination laws under the Fair Employment and Housing Act (FEHA). Accordingly, the California Civil Rights Council… more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Automated Decision Systems (ADS), Bias

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David Cole

An In-House Compliance Guide for Responding to President Trump's Executive Order on Foreign Corrupt Practices Act Enforcement

As has widely been published, on February 10, 2025, President Trump signed Executive Order (EO) 14209, which paused all future investigations and enforcement actions under the Foreign Corrupt Practices Act (FCPA) for at least… more

Anti-Corruption, Corporate Counsel, Department of Justice (DOJ), Enforcement Actions, Executive Orders

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Daniel Conte

[Event] 24th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 4th - 6th, Chicago, IL

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

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

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Madeline Cook

Don’t Be Spooked by 2026 Privacy Compliance Regulations - View Our Treat of a Roadmap of New California and Colorado Requirements

As long as you are prepared, there is no need to fear complying with new privacy regulations going into effect in 2026 and beyond. The Halloween 2025 edition of Hinshaw’s Privacy, Cyber and AI Decoded covers the newly-approved… more

California, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Colorado, Consumer Privacy Rights

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Peter Cubita

Governor Hochul Signs Chapter Amendment to the New York FAIR Business Practices Act

In a prior Consumer Crossroads blog post, we reported that Governor Hochul had signed the Fostering Affordability and Integrity Through Reasonable Business Practices Act (the “FAIR Business Practices Act”) into law as Chapter… more

Enforcement Actions, New Legislation, New York, State Attorneys General, State Legislatures

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Steven Cutler

Use It or Lose It: Federal Gift and Estate Tax Exemption Set to Sunset at the End of 2025

The Tax Cuts and Jobs Act (TCJA) of 2017 nearly doubled the federal lifetime gift and estate tax exemption. In 2024, this act currently allows individuals to transfer up to $13.61 million per person and $27.22 million per… more

Estate-Tax Exemption, Gift-Tax Exemption, High Net-Worth, Income Taxes, Internal Revenue Code (IRC)

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David Ian Dalby

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

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

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

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Joseph De Hope Jr.

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

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

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

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Aimee Delaney

Illinois Joins Twelve Other Jurisdictions in Adopting a Medical Aid in Dying Law

On December 12, 2025, Governor J.B. Pritzker signed Senate Bill 1950 into law, making Illinois the 13th US jurisdiction to authorize medical aid in dying for terminally ill residents. The legislation, also known as Deb’s Law,… more

Advance Directives, End-of-Life-Care, Healthcare, Healthcare Facilities, Hospice

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John DeLascio

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

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

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

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Marissa Delinks

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

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

Attorney Malpractice, Continuing Legal Education, Events, Law Firm Associates, Law Firm Partners

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Patrick Devine

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

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

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

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Michael Dowell

Are You Beyond the Red Line? Mastering Your FQHC’s Scope of Project to Avoid Noncompliance

Ensuring compliance with Scope of Project requirements is one of the most critical—and frequently misunderstood—obligations for Federally Qualified Health Centers (FQHCs)… more

Federal Funding, Federal Tort Claims Act (FTCA), FQHC, Health Care Providers, Healthcare

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Bonnie Dye

How Should Entities Prepare for California’s Digital Financial Assets Law Licensing Requirement?

On March 18, 2026, the Nationwide Multistate Licensing System (NMLS) began accepting applications for a brand new license created by California’s Digital Financial Assets Law (DFAL), which was signed into law in 2023. Unless… more

California, Cryptocurrency, Department of Financial Protection and Innovation (DFPI), Digital Assets, Filing Deadlines

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Lily Elkwood

Compliance Considerations for GDPR Consent in Biotech Clinical Research - How One EU Framework Can Lead to Divergent Data Strategies

Biotech and digital health teams working in Europe sometimes find that the hardest General Data Protection Regulation (GDPR) question in clinical research is not whether the law applies (it does), but how the different views of… more

Biotechnology, Clinical Trials, Consent, Data Privacy, Data Protection

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Ameneh Ernst

California Law Prohibits No-Rehire Provisions in Settlement Agreements

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

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

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Camille Evans

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

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

Attorney Malpractice, Continuing Legal Education, Events, Law Firm Associates, Law Firm Partners

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Jordan Evans

2025 Key Insurance Developments and Trends for 2026

In 2025, Hinshaw’s global insurance services team authored several resources on key developments and decisions that impacted the US insurance industry. From our timely commentary just published in Mealey’s to the third edition… more

Artificial Intelligence, Bad Faith, Business Interruption, Construction Defects, Cybersecurity

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Rebecca Fahndrich

Illinois Joins Twelve Other Jurisdictions in Adopting a Medical Aid in Dying Law

On December 12, 2025, Governor J.B. Pritzker signed Senate Bill 1950 into law, making Illinois the 13th US jurisdiction to authorize medical aid in dying for terminally ill residents. The legislation, also known as Deb’s Law,… more

Advance Directives, End-of-Life-Care, Healthcare, Healthcare Facilities, Hospice

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Peter Felsenfeld

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

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

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

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Kyle Ferachi

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

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

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

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Matthew Ferlazzo

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

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

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

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Barbara Fernandez

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

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

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

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Robert Finley

New York’s AVOID Act Impacts Third-Party Action Practice: Could it Do More Harm than Good?

“Aegrescit Medendo,” Virgil: Aeneid Book XII. That is: Sometimes healing makes the situation worse. On December 19, 2025, New York Governor Kathy Hochul signed the AVOID Act (“Avoiding Vexatious Overuse of Impleading to… more

Business Litigation, Commercial Litigation, CPLR, Filing Deadlines, Indemnification

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Kyle Fonjemie

Texas Judge Issues Preliminary Nationwide Injunction Against Corporate Transparency Act

On December 3, 2024, Judge Amos L. Mazzant III of the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction in the case of Texas Top Cop Shop, Inc. et al. v. Garland, halting the… more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Sara Franks

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

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

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

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Sabrina Geisler

Lack of Expert Testimony Results in $1.4 Million Legal Malpractice Verdict Being Overturned

Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related to… more

Appellate Courts, Attorney Malpractice, Client Representation, Damages, Expert Testimony

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Paris Glazer

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

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

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

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Rebekah González

Critical New Compliance Updates on Employment Authorization Terminations for Employers of Foreign Nationals

Recent changes in U.S. immigration policy, including the revocation and termination of several humanitarian parole programs and Temporary Protected Status (TPS) designations, have created new compliance challenges for employers… more

Compliance, Employer Liability Issues, Employer Responsibilities, Employment Authorization Documents (EAD), Federal Labor Laws

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Andrew Gordon

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

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

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

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Michael Guerrero

The CFPB’s Proposed Disparate Impact Amendments to Regulation B

Earlier this year, President Trump issued Executive Order 14281 (the “Executive Order”) directing a review of existing federal regulations and guidance documents that impose disparate impact liability (sometimes referred to as… more

Comment Period, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Disparate Impact, ECOA

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Adam Guetzow

Illinois Joins Twelve Other Jurisdictions in Adopting a Medical Aid in Dying Law

On December 12, 2025, Governor J.B. Pritzker signed Senate Bill 1950 into law, making Illinois the 13th US jurisdiction to authorize medical aid in dying for terminally ill residents. The legislation, also known as Deb’s Law,… more

Advance Directives, End-of-Life-Care, Healthcare, Healthcare Facilities, Hospice

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Jeffrey Hall

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

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

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

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David Hayek

[Event] 24th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 4th - 6th, Chicago, IL

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

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

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David Heiss

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

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

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

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Matthew Henderson

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

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

Attorney Malpractice, Continuing Legal Education, Events, Law Firm Associates, Law Firm Partners

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Pedro Hernandez

2025 Key Insurance Developments and Trends for 2026

In 2025, Hinshaw’s global insurance services team authored several resources on key developments and decisions that impacted the US insurance industry. From our timely commentary just published in Mealey’s to the third edition… more

Artificial Intelligence, Bad Faith, Business Interruption, Construction Defects, Cybersecurity

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Glen Hisani

Ask and You Shall Receive a Recurring Subscription: FTC Sues a Web Q&A Service for Deceptive Negative Option

Two weeks into the new year, the Federal Trade Commission (“FTC”) sued JustAnswer LLC and its CEO (together, “JustAnswer”), alleging they deceived consumers into enrolling in monthly recurring subscriptions without obtaining… more

Automatic Renewals, Consumer Protection Laws, Disclosure Requirements, Federal Trade Commission (FTC), FTC Act

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Christy Hoop

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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Linda Horras

Illinois Employers Now Required to Permit Use of Company Devices for Recording Crimes of Violence

The Illinois Victims’ Economic Security and Safety Act (VESSA) provides leave benefits for victims of violent crime, including domestic, sexual, and gender violence. Under the law, leave is also available to employees whose… more

Crime Victims, Employee Privacy Rights, Employee Rights, Employer Responsibilities, Employment Policies

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Jeffrey Hoskins

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

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

Citizen Suits, Clean Water Act, Groundwater, Pipelines

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Peter Isola

California Appellate Court Permits Debt Collection Suit against Mortgage Loan Servicer

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

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

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Anthony Jacob

[Event] Business Owners Strategy Summit (BOSS) - April 16th, Chicago, IL

You’ve built a successful business, and with that comes opportunity - but also complexity. Our invitation-only event features a collection of attorneys, M&A professionals, CPAs, and investment advisors, together with a select… more

Acquisitions, Business Development, Business Entities, Business Ownership, Business Strategies

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Sabrina Janeiro

6 Key Takeaways From the IAPP 2026 Global Summit for Privacy Compliance Professionals

The International Association of Privacy Professionals’ (IAPP) 2026 Global Summit brought together regulators, in‑house counsel, privacy officers, and technologists to discuss a complete spectrum of modern privacy issues… more

Artificial Intelligence, Consent, Cookies, COPPA, Data Privacy

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Noah Jussim

Responding to State Board of Pharmacy Licensing and Regulatory Proceedings

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

Pharmaceutical Industry, Pharmacies, Pharmacist, State Boards

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Jennifer Kalas

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

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

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

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James Keeling

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

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

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

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Joseph Kern

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

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

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

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John Kimble

How Should Entities Prepare for California’s Digital Financial Assets Law Licensing Requirement?

On March 18, 2026, the Nationwide Multistate Licensing System (NMLS) began accepting applications for a brand new license created by California’s Digital Financial Assets Law (DFAL), which was signed into law in 2023. Unless… more

California, Cryptocurrency, Department of Financial Protection and Innovation (DFPI), Digital Assets, Filing Deadlines

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Sarah King

What Does the CFPB’s New Public Registry to Detect Repeat Offenders Mean for Your Business?

On June 3, 2024, the Consumer Financial Protection Bureau (CFPB) issued the Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders Final Rule (“the Final Rule”)… more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Due Diligence, Enforcement

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Ian King, II

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

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

Attorney Malpractice, Continuing Legal Education, Events, Law Firm Associates, Law Firm Partners

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Spencer Kook

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

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

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

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Schuyler Kraus

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

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

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

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Philip Kujawa

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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Lauren Kus

Illinois Appellate Decision Signals Employers Risk Losing Workers’ Comp Protection from Coworker Violence Suits

An Illinois appellate court’s unpublished decision in Kamil Kordas v. Bob’s All Bright Electric, Inc., and Thomas Clarizio, 2025 IL App (3d) 240482, illustrates that, while workplace assaults are generally covered exclusively by… more

Appeals, Appellate Courts, Assault, Civil Liability, Employees

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Evan Kwarta

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

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

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

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Stephanie Laird Tolson

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

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

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

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Gar Lauerman

2025 Updated Primer On PFAS/Forever Chemical Claims Regulation, Litigation, & Insurance Coverage Issues

Per and polyfluoroalkyl substances (“PFAS”) represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide and numerous large settlements have already been reached. Insurers are… more

Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA), Insurance Litigation, Liability

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Steven Lehner

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

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

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

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Edward Lenci

Wu v. Uber Tech., Inc.: New York State's Highest Court Issues a Veritable Instruction Manual for Drafting Enforceable Clickwrap Agreements to Arbitrate

Just before the 2024 holiday season, in Wu v. Uber Tech., Inc.,[i] New York State's Court of Appeals, the state's highest court, issued a veritable instruction manual for those involved in the online provision of consumer… more

Arbitration Agreements, Binding Arbitration, Class Action, Class Action Arbitration Waivers, Clickwrap Agreements

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Leah Lenz

Are Your 90-Day Pre-Foreclosure Notices in New York Compliant With the Latest Law Change?

What’s Happened? On October 16, 2025, New York Governor Kathy Hochul signed a new law based on Assembly Bill A3470 (companion Senate Bill S7413)… more

Condominiums, Foreclosure, Homeowners Association (HOA), New Legislation, New York

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David Levitt

GDPR and the Uniform Foreign Country Money Judgments Recognition Act

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

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

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Craig Liljestrand

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

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

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

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Tom Luetkemeyer

How Employers Will Be Impacted by President Trump's Executive Order Revoking Long-standing Affirmative Action Obligations of Federal Contractors

On January 21, 2025, President Donald Trump signed an Executive Order titled "Ending Illegal Discrimination And Restoring Merit-Based Opportunity" (Order). The Order revoked several previous Executive Orders, including Executive… more

Affirmative Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employment Discrimination, Equal Opportunities

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Thomas Lupo

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

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

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

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Barry MacEntee

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

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

Attorney Malpractice, Continuing Legal Education, Events, Law Firm Associates, Law Firm Partners

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David Mahoney

Expanded Sick and Safe Time Benefits on the Horizon for NYC Employees

Employees who work in New York City enjoy some of the most expansive sick and safe leave benefits in the nation. On February 22, 2026, those benefits will become even better for workers… more

Earned Sick and Safe Time Act, Employee Rights, Employer Responsibilities, Human Resources Professionals, Labor Regulations

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Ross Manella

[Event] Business Owners Strategy Summit (BOSS) - April 16th, Chicago, IL

You’ve built a successful business, and with that comes opportunity - but also complexity. Our invitation-only event features a collection of attorneys, M&A professionals, CPAs, and investment advisors, together with a select… more

Acquisitions, Business Development, Business Entities, Business Ownership, Business Strategies

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Kevin Manganaro

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

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

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

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Brisa Martinez

Presidential Executive Order Seeks to Eliminate Disparate Impact Liability: Here’s What Employers Need to Know

On April 23, 2025, President Trump signed an Executive Order titled Restoring Equality of Opportunity and Meritocracy (the “EO”), marking a significant shift in federal civil rights enforcement… more

Civil Rights Act, Department of Justice (DOJ), Disparate Impact, Employer Responsibilities, Employment Discrimination

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Roger Masson

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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Victor Matthews

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

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

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

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Megan Mathias

Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026

The US Customs and Border Protection (CBP) has announced its long-awaited functionality allowing importers of record (IORs) or customs brokers (CBs) filing the Consolidated Administration and Processing of Entries (CAPE) to… more

Constitutional Challenges, Customs and Border Protection, Filing Requirements, Importers, Imports

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Frank Mazzagatti Ph.D.

Healthcare Compliance Considerations as New York Adopts Medical Aid in Dying Law

Governor Kathy Hochul signed the Medical Aid in Dying Act on February 6, 2026, permitting medical aid in dying for terminally ill New York adult residents with a prognosis of death within six months. The law becomes… more

Compliance, Employee Training, End-of-Life-Care, Health Care Providers, Healthcare

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Terrence McAvoy

Do Illinois Attorneys Have a Duty to Assess Their Client's Mental Competence?

In a legal malpractice action arising out of revisions to a client's estate plan, the appellate court considered whether an attorney has a duty to evaluate a client's mental capacity and, if so, whether the plaintiff alleged… more

Appeals, Appellate Courts, Assessment, Client Services, Estate Planning

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Ambrose McCall

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

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

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

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Patrick McDonald

No Note? No Problem: Rhode Island Supreme Court Decides that Mortgagees Can Foreclose Without One

The Rhode Island Supreme Court has strengthened the hand of foreclosing mortgage lenders who do not possess the original promissory note. Before the Court’s recent decision in Porch Swing Holdings, LLC v. Wayne A. Mallory,… more

Borrowers, Foreclosure, Judicial Foreclosure Process, Lenders, Loans

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Liam McGing

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

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

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

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Brian McGrath

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

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

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

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Maura McKelvey

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

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

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

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Michael McKleroy

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

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

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

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John McPherson

NYSDFS Issues Final Circular for Insurers on Artificial Intelligence and External Data Use

On July 11, 2024, the New York State Department of Financial Services (NYSDFS) adopted a final circular about the "Use of Artificial Intelligence ("AI") Systems and External Consumer Data and Information Sources in Insurance… more

Algorithms, Artificial Intelligence, Automation Systems, Corporate Governance, Data Use Policies

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Leslie Meredith

The OCC Weighs in on Contentious Seventh Circuit Appeal of Illinois’ “Swipe-Fee” Law

Just five weeks after the United States District Court for the Northern District of Illinois largely upheld the Illinois Interchange Fee Prohibition Act (IFPA), on March 16, 2026, the Office of the Comptroller of Currency (OCC)… more

Amicus Briefs, Appeals, Banks, Illinois, Interchange Fees

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Jenna Miller

Illinois Joins Twelve Other Jurisdictions in Adopting a Medical Aid in Dying Law

On December 12, 2025, Governor J.B. Pritzker signed Senate Bill 1950 into law, making Illinois the 13th US jurisdiction to authorize medical aid in dying for terminally ill residents. The legislation, also known as Deb’s Law,… more

Advance Directives, End-of-Life-Care, Healthcare, Healthcare Facilities, Hospice

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Geoffrey Milne

Mortgage Lender Insights: Exploring the Impact of Surrendering Collateral in Bankruptcy on Foreclosure Litigation

A debtor’s statement of intention to surrender collateral under 11 U.S.C. 521(a)(2) in bankruptcy may impact their ability to contest foreclosure, primarily due to the application of judicial estoppel. This blog post explores… more

Bankruptcy Code, Bankruptcy Court, Chapter 7, Creditors, Debtors

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Caroline Mondschean

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

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

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

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Concepcion Montoya

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

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

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

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Kevin Moore

Estate Planning Newsletter - December 2018

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

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

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Stephen Moore

Healthcare Compliance Considerations as New York Adopts Medical Aid in Dying Law

Governor Kathy Hochul signed the Medical Aid in Dying Act on February 6, 2026, permitting medical aid in dying for terminally ill New York adult residents with a prognosis of death within six months. The law becomes… more

Compliance, Employee Training, End-of-Life-Care, Health Care Providers, Healthcare

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Rowan Moriarty

[Event] 24th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 4th - 6th, Chicago, IL

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

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

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Marcia Mueller

Estate Planning Newsletter - December 2018

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

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

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Cathy Mulrow-Peattie

The February Compliance Love Edition of our Privacy, Cyber, and AI Compliance Alert

While Valentine’s Day has come and gone, love for regulatory compliance remains in the air with the February edition of Hinshaw’s Privacy, Cyber, & AI Decoded alert!… more

Artificial Intelligence, Biometric Information, COPPA, Cybersecurity, Data Privacy

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Jill Munson

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

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

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

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Ashley Newman

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

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

Appellate Courts, Business Records, Evidence, Foreclosure, Hearsay

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Thomas O'Carroll

ADA Guidance for Dental Healthcare Providers Returning to Work

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

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

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Jason Oliveri

6 Key Takeaways From the IAPP 2026 Global Summit for Privacy Compliance Professionals

The International Association of Privacy Professionals’ (IAPP) 2026 Global Summit brought together regulators, in‑house counsel, privacy officers, and technologists to discuss a complete spectrum of modern privacy issues… more

Artificial Intelligence, Consent, Cookies, COPPA, Data Privacy

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Ellis Oster

Hinshaw Legal Team Secures First Appellate‑Level Decision in NY Sanctioning Misuse of Gen-AI in Litigation

In Deutsche Bank National Trust Company v. LeTennier, the Appellate Division, Third Department issued a significant published decision that not only affirms the challenged orders, leaving the foreclosure judgment in favor of the… more

Appellate Courts, Artificial Intelligence, Business Litigation, Financial Institutions, Financial Services Industry

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Matthew Pagano

[Event] 24th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 4th - 6th, Chicago, IL

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

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

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Ronald Park

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

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

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

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Dean Parker

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

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

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

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Peter Pederson

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

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

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

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Justin Penn

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

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

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

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John Pierce

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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Nicholas Ponzo

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

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

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

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Richard Porter

U.S. EPA Issues COVID-19 Enforcement Policy

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

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

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Steven Puiszis

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

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

Attorney Malpractice, Continuing Legal Education, Events, Law Firm Associates, Law Firm Partners

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Maria Quintero

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

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

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

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Vaishali Rao

[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection

In a debut V-log on Consumer Crossroads, Hinshaw partners Vaishali Rao and Joe Sanders sit down to discuss the changing regulatory landscape under the New York City Department of Consumer and Worker Protection (DCWP), now that… more

Consumer Protection Laws, Enforcement Priorities, Federal Trade Commission (FTC), Fees, New Regulations

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Russell Reed

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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Justyna Regan

Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026

The US Customs and Border Protection (CBP) has announced its long-awaited functionality allowing importers of record (IORs) or customs brokers (CBs) filing the Consolidated Administration and Processing of Entries (CAPE) to… more

Constitutional Challenges, Customs and Border Protection, Filing Requirements, Importers, Imports

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Marcos Reilly

FTC Votes to Approve Rules Banning Noncompete Employment Agreements Nationwide

Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts. The… more

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

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Brent Reitter

New York’s AVOID Act Impacts Third-Party Action Practice: Could it Do More Harm than Good?

“Aegrescit Medendo,” Virgil: Aeneid Book XII. That is: Sometimes healing makes the situation worse. On December 19, 2025, New York Governor Kathy Hochul signed the AVOID Act (“Avoiding Vexatious Overuse of Impleading to… more

Business Litigation, Commercial Litigation, CPLR, Filing Deadlines, Indemnification

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Jessica Riley

New Law May Require Texas Homeowners to Renew Homestead Exemptions

Texas property taxes and the general residential homestead exemptions have been all over the news this past year due to the passing of Proposition 4 in November 2023. This law increased the annual Texas homestead tax exemption… more

Escrow Accounts, Homeowners, Homestead Exemption, Mortgage Servicers, Property Tax

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Fernando Rivera-Maissonet

Takeaways From Oral Argument in the New York Court of Appeals Review of FAPA Retroactivity

Recently, the New York Court of Appeals heard arguments on the consolidated appeal of two cases that are expected to significantly impact the landscape for mortgage foreclosures in New York. It was certainly a “hot bench” of… more

Appellate Courts, Estoppel, Foreclosure, Mortgages, New Legislation

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Vincent Rizzo

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

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

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

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Sharonda Roberson

Keep Calm and Prepare to Gobble On a New Feast of Privacy, Cyber and AI Laws

In this November edition of Hinshaw’s Privacy, Cyber and AI Decoded, in celebration of the U.S. Thanksgiving holiday, we are recommending that our readers Keep Calm as they are faced with a new surge of legal requirements,… more

Artificial Intelligence, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Compliance Dates, Cybersecurity

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Lisa Roccanova

Key Insurance Decisions, Trends, and Developments in 2024 and a Look Ahead to 2025

Introduction - As 2025 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2024 and provide a forecast of potential trends and developments for… more

Business Interruption, Consumer Insurance Products, D&O Insurance, Defense Strategies, Exhaustion Doctrine

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Constantine Rodriguez

Minnesota Appellate Court Broadly Defines “Collection Agency” Under State Licensing Law

A recent Minnesota appellate court decision underscores how broadly courts—and regulators—can construe licensing statutes. Background - • In this case, a Utah company challenged a cease-and-desist order issued by the… more

Appellate Courts, Business Licenses, Collection Agencies, Consumer Protection Laws, Creditors

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Dennis Rolstad

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

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

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

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Marisa Roman

The OCC Weighs in on Contentious Seventh Circuit Appeal of Illinois’ “Swipe-Fee” Law

Just five weeks after the United States District Court for the Northern District of Illinois largely upheld the Illinois Interchange Fee Prohibition Act (IFPA), on March 16, 2026, the Office of the Comptroller of Currency (OCC)… more

Amicus Briefs, Appeals, Banks, Illinois, Interchange Fees

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John Ryan

US Supreme Court to Resolve Who Qualifies as a "Consumer" Under Video Privacy Protection Act

The US Supreme Court has granted certiorari in Salazar v. Paramount Global, No. 25-459, to decide a consequential question at the intersection of privacy litigation and digital media: who qualifies as a “consumer” under the… more

Certiorari, Class Action, Consumer Privacy Rights, Consumer Protection Laws, Data Privacy

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Megan Ryan

Business Compliance Checklist: Massachusetts Enforces New Consumer Protection Regulations on “Junk Fees” and Deceptive Pricing

Effective September 2, 2025, the Massachusetts Attorney General implemented new regulations prohibiting “junk fees” and deceptive pricing. This new regulation establishes standards for governing the imposition of fees in… more

Advertising, Consumer Contracts, Consumer Protection Laws, Contract Terms, Disclosure Requirements

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Dawn Sallerson

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

See all updates »

Joseph Sanders

[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection

In a debut V-log on Consumer Crossroads, Hinshaw partners Vaishali Rao and Joe Sanders sit down to discuss the changing regulatory landscape under the New York City Department of Consumer and Worker Protection (DCWP), now that… more

Consumer Protection Laws, Enforcement Priorities, Federal Trade Commission (FTC), Fees, New Regulations

See all updates »

James Sandy

After Arbitration, Does a District Court Have Jurisdiction to Confirm or Vacate an FAA Award?

Last week, a deeply skeptical US Supreme Court heard oral argument in Jules v. Andre Balazs Properties, where the court was asked to decide whether a district court that compelled a lawsuit to arbitration still has jurisdiction… more

Appeals, Appellate Courts, Arbitration, Arbitration Awards, Commercial Litigation

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M. Annie Santos

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

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

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

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Paulette Sarp

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

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

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

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Mellissa Schafer

The California Version of the NLRB [Day 12 of 12 Days of California Labor and Employment: 2025 Year in Review]

The end of something is always the beginning of something else. That always rings true for years’ end and new employment laws. It is time, once again, for all employers to sit down, buckle up, and get ready for the 2026… more

California, Collective Bargaining, Collective Bargaining Agreements (CBA), Enforcement Actions, Labor Regulations

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William Schiller

Critical New Compliance Updates on Employment Authorization Terminations for Employers of Foreign Nationals

Recent changes in U.S. immigration policy, including the revocation and termination of several humanitarian parole programs and Temporary Protected Status (TPS) designations, have created new compliance challenges for employers… more

Compliance, Employer Liability Issues, Employer Responsibilities, Employment Authorization Documents (EAD), Federal Labor Laws

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Charles Schmadeke

Informing Illinois Newsletter - July 2018

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

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

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Katherine Schnake

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

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

Attorney Malpractice, Continuing Legal Education, Events, Law Firm Associates, Law Firm Partners

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Thomas Schrimpf

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

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

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

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David Schultz

Navigating Standing Considerations in Data Breach Class Actions

The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that… more

Article III, Class Action, Consumer Privacy Rights, Data Breach, Data Security

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Jason Schulze

Allocation of Losses in Complex Insurance Coverage Claims

Allocation is a fundamental issue impacting every society and transcending virtually every major sector and function within a society. Economists sometimes describe this concept as society's allocation of its resources between… more

Insolvency, Insurance Claims, Insurance Industry, Insurance Litigation, Liability

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Scott Seaman

2025 Key Insurance Developments and Trends for 2026

In 2025, Hinshaw’s global insurance services team authored several resources on key developments and decisions that impacted the US insurance industry. From our timely commentary just published in Mealey’s to the third edition… more

Artificial Intelligence, Bad Faith, Business Interruption, Construction Defects, Cybersecurity

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Donald Seeley Jr.

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

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

Borrowers, Foreclosure, Lenders, Loan Servicer, Mortgage Servicers

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Daniel Shatz

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

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

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

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Han Sheng Beh

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

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

Banks, Commercial Bankruptcy, Foreclosure, Loans, Mortgages

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Mitra Singh

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

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

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

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Emily Smith

Seventh Circuit Ruling Provides Employers With Greater Leverage to Challenge Collective Actions and Limit Exposure

The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co., 2025 U.S. App. LEXIS 19667 (7th Cir. 2025) significantly changes how federal courts within the circuit will handle collective actions under the Fair Labor… more

ADEA, Age Discrimination, Appellate Courts, Class Action, Collective Actions

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Stephanie Soprani

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

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

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

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Morgan Spector

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

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

Compliance, Constitutional Challenges, Discrimination, Diversity, Employee Training

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Claire Standish

The February Compliance Love Edition of our Privacy, Cyber, and AI Compliance Alert

While Valentine’s Day has come and gone, love for regulatory compliance remains in the air with the February edition of Hinshaw’s Privacy, Cyber, & AI Decoded alert!… more

Artificial Intelligence, Biometric Information, COPPA, Cybersecurity, Data Privacy

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Todd Stelter

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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Hayley Sukienik

Use It or Lose It: Federal Gift and Estate Tax Exemption Set to Sunset at the End of 2025

The Tax Cuts and Jobs Act (TCJA) of 2017 nearly doubled the federal lifetime gift and estate tax exemption. In 2024, this act currently allows individuals to transfer up to $13.61 million per person and $27.22 million per… more

Estate-Tax Exemption, Gift-Tax Exemption, High Net-Worth, Income Taxes, Internal Revenue Code (IRC)

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Peter Sullivan

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

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

Attorney Malpractice, Continuing Legal Education, Events, Law Firm Associates, Law Firm Partners

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Timothy Sullivan

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

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

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

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Lauren Swanson

What is Considered Compensable Work Time Under the Fair Labor Standards Act?

In a significant decision for employers–particularly those that rely on staffing agencies, labor halls, or mobile workforces–the Eleventh Circuit recently clarified important limits on what qualifies as compensable work time… more

Appellate Courts, Compensation & Benefits, Employer Responsibilities, Employment Litigation, Employment Policies

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Corey Swinick

The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees

The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis of… more

Department of Labor (DOL), Economic Realities Test, Employee Benefits, Employee Definition, Gig Economy

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C. Charles Townsend

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

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

Acceleration, Compliance, Debt, Debtors, Deed of Trust

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April Toy

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, Chicago, IL

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

Attorney Malpractice, Continuing Legal Education, Events, Law Firm Associates, Law Firm Partners

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Brian Turetsky

Governor Hochul Signs Chapter Amendment to the New York FAIR Business Practices Act

In a prior Consumer Crossroads blog post, we reported that Governor Hochul had signed the Fostering Affordability and Integrity Through Reasonable Business Practices Act (the “FAIR Business Practices Act”) into law as Chapter… more

Enforcement Actions, New Legislation, New York, State Attorneys General, State Legislatures

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Amanda Tzivas

Understanding Illinois’ New NICU Leave Law: Key Takeaways for Employers

With the passage of the Family Neonatal Intensive Care Leave Act (the “Act”), Illinois employers must comply with new obligations when supporting employees during a critical time—the hospitalization of a newborn in a neonatal… more

Employee Rights, Employer Responsibilities, Employment Policies, Family and Medical Leave Act (FMLA), Illinois

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April Villaverde

NYSDFS Issues Final Circular for Insurers on Artificial Intelligence and External Data Use

On July 11, 2024, the New York State Department of Financial Services (NYSDFS) adopted a final circular about the "Use of Artificial Intelligence ("AI") Systems and External Consumer Data and Information Sources in Insurance… more

Algorithms, Artificial Intelligence, Automation Systems, Corporate Governance, Data Use Policies

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Joshua Vincent

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

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

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

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Ian Wagreich

DHS Memo Outlines Plan to Use Administrative Warrants for ICE Home Arrests

A May 2025 Department of Homeland Security (DHS) memorandum recently became public, indicating that DHS intends to rely on its own administrative warrants—known as a Form I‑205—to arrest individuals without legal immigration… more

Arrest Warrants, Constitutional Challenges, Department of Homeland Security (DHS), Enforcement Actions, Fourth Amendment

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Matthew Walsh II

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

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

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

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Lucy Wang

New Year, Same Bar License Oath—But Attorney Civility Means More in 2026

Beginning in 2026, California attorneys will face a new requirement during the annual license renewal: the obligation to re-attest each year to a civility oath. The oath—simple in language yet significant in purpose—states:… more

American Bar Association (ABA), Attorney Misconduct, California, Disciplinary Proceedings, Ethical Standards

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Jennifer Weller

Seventh Circuit Awards Legal Costs and Implements a Major Reduction in Plaintiff's Requested Attorneys' Fees in a FCRA and FDCPA Claim

In Paz v. Portfolio Recovery Associates, a debtor sued for violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Within a month of filing suit, the creditor invoked Rule 68 in making a formal… more

Attorney's Fees, Creditors, Debtors, Fair Credit Reporting Act (FCRA), FDCPA

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Akeela White

DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

On February 23, 2026, the United States Department of Justice (DOJ) entered into a settlement agreement with CarMax, Inc., resolving allegations that the car retailer violated the Servicemembers Civil Relief Act (SCRA) by… more

Automotive Industry, Borrowers, Car Dealerships, Civil Monetary Penalty, Consumer Protection Laws

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Joel Wiegert

$6 Million Phishing Loss Does not Trigger Coverage Under Crime Policies

A federal district court in Dallas, Texas has held that an insured's commercial crime policies were not triggered by a $6 million phishing loss where the insured did not "hold" the stolen funds. The case is RealPage Inc. v… more

Commercial Crime Insurance Polices, Cyber Attacks, Cyber Insurance, Cybersecurity, Phishing Scams

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Palma Yanni

Critical New Compliance Updates on Employment Authorization Terminations for Employers of Foreign Nationals

Recent changes in U.S. immigration policy, including the revocation and termination of several humanitarian parole programs and Temporary Protected Status (TPS) designations, have created new compliance challenges for employers… more

Compliance, Employer Liability Issues, Employer Responsibilities, Employment Authorization Documents (EAD), Federal Labor Laws

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Kenneth Yeadon

DHS Memo Outlines Plan to Use Administrative Warrants for ICE Home Arrests

A May 2025 Department of Homeland Security (DHS) memorandum recently became public, indicating that DHS intends to rely on its own administrative warrants—known as a Form I‑205—to arrest individuals without legal immigration… more

Arrest Warrants, Constitutional Challenges, Department of Homeland Security (DHS), Enforcement Actions, Fourth Amendment

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Todd Young

[Event] Business Owners Strategy Summit (BOSS) - April 16th, Chicago, IL

You’ve built a successful business, and with that comes opportunity - but also complexity. Our invitation-only event features a collection of attorneys, M&A professionals, CPAs, and investment advisors, together with a select… more

Acquisitions, Business Development, Business Entities, Business Ownership, Business Strategies

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Sam Zabaneh

Massachusetts District Court Sides With Insurer Because of Insured’s Failure to Provide Timely Notice of the Claim

Brief Summary - The United States District Court for the District of Massachusetts held that the insured failed to comply with the notice provisions of a claims-made policy. Whether the insurer had actual notice of the claim… more

Anti-Discrimination Policies, Breach of Contract, Indemnification, Insurance Industry, Malpractice Insurance

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Anthony Zeoli

FinCEN Confirms U.S. Companies and U.S. Persons are Exempt from CTA Compliance

In a significant development, the Financial Crimes Enforcement Network (FinCEN) recently issued an interim final rule (the IFR) that dramatically changes who is subject to the Corporate Transparency Act (CTA) and its reporting… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Michael Zhang

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

Brief Summary - The Florida Bar has concluded that a lawyer may utilize generative artificial intelligence (AI) so long as the lawyer can reasonably guarantee compliance with the lawyer's ethical obligations… more

Artificial Intelligence, Compliance, Confidential Information, Legal Costs, Legal Ethics

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