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|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...
|Creating a PPACA Mandatory Compliance Program|
Wroten Associates Inc.;
September 17, 2013, previously published on Summer 2013Skilled nursing facilities (SNFs), organizations already heavy-laden with oversight and regulatory requirements, are the first health care providers targeted by HHS / OIG to incorporate a mandatory compliance program. The Patient Protection and Affordable Care Act of 2010 (PPACA) catapulted a...
|Who Is A Supervisor? The Supreme Court Provides Clarity|
Wroten Associates Inc.;
September 17, 2013, previously published on Summer 2013As is often the case the U.S. Supreme Court finished up its term this year with several high profile cases. Lost in the shuffle was an important employment case, Vance v. Ball State University, No. 11-556, which clarified the meaning of the word "supervisor" for the purposes of vicarious...
|HITECH: Ignore at Your Peril|
Wroten Associates Inc.;
September 17, 2013, previously published on Summer 2013There has been much discussion lately about data security and the new obligations imposed by the adoption of the final rules related to the Health Information Technology for Economic and Clinical Health Act (HITECH) and the September 23, 2013 implementation date. For those who are already working...
|Uncharted Jurisprudential Waters: Attorney-Client Privilege and In-House Communications|
Scott D. Budnick, Richard H.C. Clay; Dinsmore & Shohl LLP;
September 12, 2013, previously published on September 10, 2013Many law firms today create in-house general counsel positions to advise the firm on various ethical, regulatory and risk-management issues, including malpractice claims. These individuals do not actively represent the firm’s clients. Instead, they advise the firm (and its lawyers) on...
|A Legal Analysis of the Impact of the U.S. Sanctions on International Commercial Transactionsof Neighboring Countries: The Turkish Example|
Gönenç Gürkaynak; ELIG Attorneys-at-Law;
August 26, 2013, previously published by AI Global Media Ltd.The article is an analysis of the sanctions imposed by the United States, on the states, to whose neighbors the sanctions are imposed, especially from the axis of Turkey - Iran relations.
|Controversies Concerning the Company Registration Practices of Loss Companies|
Teresa Huang; Lee Tsai Partners Attorneys-at-Law;
August 26, 2013In the general recessionary environment, companies, who are market participants, can better appreciate the importance of developing new revenue streams and saving unnecessary expenditures. However, facing unpredictable economic cycles, even enterprises with an excellent and healthy structure may...
|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...
|What Should an Employer Say (If Anything) in a Termination Letter?|
Todd A. Leeson; Gentry Locke Rakes & Moore, LLP;
August 17, 2013, previously published on August 14, 2013As a management employment lawyer, I am often asked to provide legal advice to a Virginia company as to a termination decision. If the company decides to terminate an employee, we typically then discuss how the decision will be communicated, including whether the company should notify the employee...
|Is It the Packaging or Something Deeper?|
Michael R. Josephs; The Josephs Law Firm;
August 15, 2013, previously published by The Professional. A publication of the Henry Latimer Center for Professionalism of the Florida Bar on Winter 2006I had the occasion to review the most recent Florida Bar survey and as with every poll or survey, there is good and bad news. One’s particular perspective seems to be the determining analytical factor.
From my perspective, it is heartening that of those polled, the majority feel...