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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...

 

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...

 

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...

 

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...

 

Adobe PDFSEC Proposes Crowdfunding Rules Under JOBS Act
Michael D. Morehead, Timothy M. Sullivan; Hinshaw & Culbertson LLP;
Legal Alert/Article
December 13, 2013, previously published on December 11, 2013
Congress enacted the JOBS Act in April of 2012. The JOBS Act added Sections 4(a)(6) and 4A to the Securities Act of 1933 (the “1933 Act”). These provisions directed the SEC to adopt rules to exempt crowdfunding offerings from registration under the securities laws. The SEC released its...

 

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.

 

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.

 

HTMLSelling to an ESOP May be a Possible Exit Strategy for a Closely-Held Business Owner
Hinshaw Culbertson LLP;
Legal Alert/Article
December 13, 2013, previously published on December 11, 2013
Transitioning a closely-held company is not easy. An owner of a closely-held company often wants to convert a portion of his or her shares into cash to reduce investment risk. An owner who is evaluating complete exit strategies should consider selling his or her shares to an ESOP among the possible...

 


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