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Legal Articles: Hinshaw & Culbertson LLP

 







Document(s) published by this organization: 19


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HTMLTwo Early New Year's Gifts from CMS and the OIG Concerning the Donation of Electronic Health Records
Carol D. Scott; Hinshaw & Culbertson LLP;
Legal Alert/Article
January 10, 2014, previously published on January 7, 2014
In 2006, the Centers for Medicare and Medicaid Services (CMS) of the Department of Health and Human Services (DHHS) published a Final Rule that provided an exception to the Stark Physician Self-Referral Law (42 USC Section 1395nn, Section 1877 of the Social Security Act) for the donation of...

 

HTMLCourt Finds that Statute Eliminated the Distinction Between Agents and Brokers
Donald A. O'Brien; Hinshaw & Culbertson LLP;
Legal Alert/Article
January 6, 2014, previously published on December 30, 2013
Plaintiffs brought an action against an insurance agent and the insurance carrier seeking damages for the agent's negligence in procuring automobile insurance that did not name the insured's girlfriend and her son as insureds. When the girlfriend's son was struck by a vehicle while riding his...

 

HTMLUnder Maine Law, Advice to Seek Independent Counsel Is Unnecessary When an Engagement Agreement Contains a Clear Arbitration Clause
Patricia Lynch Franklin, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
December 27, 2013, previously published on December 23, 2013
The United States First Circuit Court of Appeals, considering Maine law, determined that an arbitration clause in an attorney-client engagement letter was enforceable. The attorneys were not required to advise the client to obtain the advice of independent counsel, and were not required to discuss...

 

HTMLIs Section 2-622 a Dead Letter After Gauto?
Jason K. Winslow; Hinshaw & Culbertson LLP;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
On September 5, 2013, the Illinois Appellate Court, Fifth District, published a written opinion in Rickie Fox and Ruth Fox v. Suzanne Gauto, Executor of the Estate of Nelson Gauto, deceased, a medical malpractice case. The Gauto Court grappled with the issue of what standard applies when...

 

HTMLPlaintiffs Beware - Case Law Updates
Dawn A. Sallerson; Hinshaw & Culbertson LLP;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
Two decisions out of the Illinois Appellate Court, First District, are significant medical malpractice cases for physicians, hospitals, risk managers, insurance carriers and their counsel, one decision reflecting the importance of diligent opposition to plaintiff's late expert disclosures and the...

 

HTMLMarital Trust Allocation Formulas Should Be Updated Now in Illinois and Minnesota
Hinshaw Culbertson LLP;
Legal Alert/Article
December 13, 2013, previously published on December 11, 2013
Because the federal estate tax tax-free amount exceeds the Illinois and Minnesota estate tax exemption amounts, the decoupling of Illinois and Minnesota estate taxes from the federal estate tax has created significant complexities in the estate plans of married couples residing in those states.

 

HTMLTrustees of Irrevocable Life Insurance Trusts Need to Beware
Hinshaw Culbertson LLP;
Legal Alert/Article
December 13, 2013, previously published on December 11, 2013
Being the trustee of an irrevocable life insurance may come with personal liability if the trustee is unaware of his or her duties and breaches such duties as a result. Unless liability is limited in the respective trust agreement and such restrictions are enforceable under state law, a trustee can...

 

HTMLNegligent Attorney Not Entitled to Setoff For His Attorney's Fees
Noah D. Fiedler, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
December 13, 2013, previously published on December 4, 2013
In its review of two questions of first impression, the Iowa Supreme Court: 1) accepted the majority view that no setoff is available to a negligent lawyer; and 2) court awarded interest to the legal malpractice plaintiff from the likely date of the judgment in the underlying case.

 

HTMLCMS, ONC Propose Adjustments to Meaningful Use Implementation for EHR Incentive Program
Paige J. Dowdakin; Hinshaw Culbertson LLP;
Legal Alert/Article
December 13, 2013, previously published on December 12, 2013
On December 6, 2013, federal officials announced that the Centers for Medicare & Medicaid Services (CMS) has proposed changes to the timeline for the implementation of meaningful use for the Medicare and Medicaid Electronic Health Record (EHR) Incentive Program, and the Office of the National...

 

HTMLRejecting Res Judicata Argument, Sixth Circuit Reverses Judgment for Debt Collector, But Finds that Debtor Lacks Standing
Marka Belinfanti, Elizabeth K. Devine; Hinshaw & Culbertson LLP;
Legal Alert/Article
December 13, 2013, previously published on November 14, 2013
Plaintiff sued debt collector, defendant DH Capital Management ("DHC"), alleging that DHC violated the FDCPA and Kentucky's usury laws by attempting to collect a debt to which it was not legally entitled.

 


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