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Document(s) published by this organization: 181
Show: results per page Sort by:  | Personal Jurisdiction in the Wake of J. McIntyre Machinery, Ltd. v. Nicastro: Your Product Ending Up There Is Not Enough
Russell S. Ponessa; Hinshaw & Culbertson LLP;
Legal Alert/Article May 25, 2012, previously published on May 24, 2012 For more than thirty years, the courts have issued widely divergent and often result-oriented decisions regarding the exercise of personal jurisdiction over product liability defendants. The "stream of commerce" metaphor first announced in the 1980 United States Supreme Court decision in...
|  | Second Circuit Affirms Sanctions Against Law Firm Entity Under Section 1927
Roy E. Pulvers; Hinshaw & Culbertson LLP;
Legal Alert/Article May 25, 2012, previously published on May 24, 2012 The U.S. Court of Appeals for the Second Circuit affirmed sanctions against a law firm under 28 U.S.C. § 1927, although the statute applies by its terms to an “attorney or other person admitted to conduct cases.” The court also affirmed that the district court acted within its...
| | JOBS Act—SEC Guidance on Scaled Disclosure and Other EGC Issues
Michael D. Morehead, Timothy M. Sullivan; Hinshaw & Culbertson LLP;
Legal Alert/Article May 22, 2012, previously published on May 22, 2012 On April 5, 2012, President Obama signed the JOBS Act—a package of six bills designed to boost access to capital.
| | CMS Issues Two Final Rules Modifying Hospital Conditions of Participation and Updating Other Provisions
Angela M. Rust; Hinshaw & Culbertson LLP;
Legal Alert/Article May 18, 2012, previously published on May 16, 2012 After conducting a retrospective review of existing federal regulations, the Centers for Medicare & Medicaid Services (CMS) has issued two final rules aimed at eliminating regulations on hospitals and other health care providers that have become unnecessary, obsolete or overly burdensome. These...
| | Failure to Demand a Jury is Too Speculative to Support Legal Malpractice Claims
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article May 17, 2012, previously published on May 16, 2012 The U.S. District Court for the Eastern District of Louisiana held that defendant lawyers’ alleged failure to demand a jury was too speculative to support plaintiff client’s legal malpractice claims, and those claims were thus dismissed with prejudice.
| | 7th Circuit Holds That "Called Party" Means Current Subscriber of Cell Phone When Determining "Consent" Under the TCPA
David M. Schultz, James C. Vlahakis; Hinshaw & Culbertson LLP;
Legal Alert/Article May 14, 2012, previously published on May 11, 2012 The U.S. Court of Appeals for the Seventh Circuit today issued its opinion in Soppet vs. Enhanced Recovery Company LLC, No. 11-1389, a case involving the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. The TCPA prohibits automated telephone calls to cell phones where the...
| | Ninth Circuit Rejects Selective Waiver of Attorney-Client Privilege
Roy E. Pulvers; Hinshaw & Culbertson LLP;
Legal Alert/Article May 11, 2012, previously published on May 9, 2012 A lawyer disclosed attorney-client privileged documents to aid in a government investigation and then sought to enforce the privilege as to nongovernmental third parties (i.e., selective waiver). The U.S. Court of Appeals for the Ninth Circuit rejected the selective waiver doctrine because, inter...
| | FACTA Truncation—Which Credit Card Numbers Can Be Redacted?
Stephanie A. Broder; Hinshaw & Culbertson LLP;
Legal Alert/Article May 11, 2012, previously published on May 9, 2012 The Fair and Accurate Credit Transactions Act (FACTA) requires truncation of credit card numbers on electronic receipts, specifically providing that the receipt must not display “more than the last 5 digits of the card number.” In Straaten v. Shell Oil Products Company LLC, No. 09 C...
| | CFPB Plans for Administration of FDCPA
Katherine H. Tresley; Hinshaw Culbertson LLP;
Legal Alert/Article May 11, 2012, previously published on May 9, 2012 On March 20, 2012, the Consumer Financial Protection Bureau (CFPB) released a report outlining its plans for the administration of the Fair Debt Collection Practices Act (FDCPA). In its report, the CFPB explains the agency’s intention to establish the first federal supervision program for...
| | Arizona Law Limits Asbestos Successor Corporation Liability
Craig T. Liljestrand; Hinshaw & Culbertson LLP;
Legal Alert/Article May 10, 2012, previously published on May 8, 2012 Arizona has just provided successor corporations that find themselves sitting as defendants in the asbestos litigation with some welcome news. Recently signed into law by Governor Jan Brewer, the new legislation limits the cumulative liability of a successor corporation for asbestos claims.
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