Document(s) published by this organization: 56
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|October 1 Deadline Approaching for Employers, Including Schools, to Issue "Notice of Coverage Options" to Employees|
Anthony E. Antognoli; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 19, 2013The Affordable Care Act (ACA) imposes on employers various new obligations that are to take effect over the next several years. Employers received some measure of relief with the surprise announcement of a one-year delay in the enforcement of the employer mandate until January 1, 2015. Other...
|Court Rejects Bona Fide Error Defense by Landlord Law Firm|
Terrence P. McAvoy, Concepcion A. Montoya; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 16, 2013In a case brought by plaintiff tenant under the Fair Debt Collection Practices Act (FDCPA), the U.S. District Court for the Southern District of New York recently denied defendant law firm's bona fide error defense arising from an unintentional misrepresentation by the law firm's client of the...
|Reargument in K2 May Provide the New York Court of Appeals with an Opportunity for a Correction|
Sina Bahadoran, Todd M. Davis; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 20, 2013In K2 Inv. Grp., LLC v. Am. Guarantee & Liab. Ins. Co., 21 N.Y.3d 384 (N.Y. June 11, 2013), the New York Court of Appeals announced that once an insurer breaches its duty to defend, it loses its right to assert exclusions on indemnity. Essentially, the insurer is penalized for its wrongful...
|Florida's 2d District Court of Appeals Creates Conflict by Using Efficient Proximate Cause Doctrine|
Kristina L. Marsh; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 23, 2013The Florida Second District Court of Appeals recently held that in a first-party property case where the damage was caused by more than one peril, an efficient proximate cause theory should be applied to determine whether the damage is covered. American Home Assurance Co., Inc. v. Sebo, No....
|The Third Circuit Holds TCPA Permits Revocation of Prior Express Consent at Any Point After It Is Given|
Hinshaw Culbertson LLP;
September 26, 2013, previously published on September 16, 2013The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to hold that the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227 et al., permits a consumer to revoke prior express consent to be contacted on his or her cellular telephone line via an...
|I'm Sorry Laws: A Multistate Analysis|
Charles A. Egner, Tammy S. Warden; Hinshaw & Culbertson LLP;
August 23, 2013, previously published on August 2013There is anecdotal evidence and a number of studies suggesting that improvements in bedside manner and development of communication skills can play a role in preventing litigation against health care providers. Tension exists, however, regarding communications with patients and family members after...
|Bank Entitled to Recover Counterfeit Check Amount From Attorney's Client Trust Account|
Noah D. Fiedler, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
August 23, 2013, previously published on August 21, 2013A lawyer scammed by a fake check scheme attempted unsuccessfully to sue his client trust account bank for negligence. The court dismissed the case, holding that although the bank accepted a counterfeit check for deposit into the trust account, the bank had no liability and was entitled to charge...
|Fewer Than 90 Days and Counting . . . Are You Ready for the HIPAA Compliance Deadline?|
Hinshaw Culbertson LLP;
August 23, 2013, previously published on August 2013Covered entities and business associates have fewer than 90 days, or until September 23, 2013, to come into full compliance with the HIPAA Omnibus Final Rule (the "HIPAA Final Rule"). The HIPAA Final Rule details several new requirements for covered entities and business associates and...
|Law Firm Not Entitled to Summary Judgment After Failing to Advise CEO of Unauthorized Loans by CFO|
Terrence P. McAvoy, David L. Winnett; Hinshaw & Culbertson LLP;
August 20, 2013, previously published on August 7, 2013Plaintiff client brought a legal malpractice action against defendant, its outside counsel, due to counsel’s failure to notify it about unauthorized loans made by the client's chief financial officer (CFO). Counsel moved for summary judgment on the grounds that because the client knew of the...
|Defendants Failed to Meet Burden to Show That Citizens Participation Act Warranted Dismissal of Plaintiff's Claim|
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
August 19, 2013, previously published on August 14, 2013Defendants failed to demonstrate that plaintiff's claim was meritless and to meet their burden to warrant dismissal based on Illinois' anti-SLAPP (strategic lawsuit against public participation) statute, the Citizens Participation Act.