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HTMLAttorney Owes Duty to Next of Kin in Wrongful Death Action Despite Lack of Direct Retention of Attorney
Terrence P. McAvoy, Katherine G. Schnake; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 15, 2013, previously published on October 10, 2013
A court-appointed public guardian brought professional negligence claims against a variety of lawyers and law firms that were involved in litigating the underlying wrongful death action. The trial court dismissed the complaint on the basis that there was no direct attorney-client relationship...

 

Adobe PDFHow to Get the Best Advice From Your Outside Counsel - From Someone Who Has Been on the Inside
Julianne R. Davis; Lane Powell PC;
Legal Alert/Article
October 7, 2013, previously published on October 2, 2013
In-house lawyers rely heavily on their outside counsel to give them legal advice that is concise, clear and up to the minute, making the relationship one of great importance. Indeed, it is outside counsel’s job to do his or her best to make the in-house lawyers look good in the eyes of...

 

HTMLInsurer Owes No Coverage Due to Lawyer's Failure to Report a Potential Claim
Terrence P. McAvoy, Katherine G. Schnake; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 4, 2013, previously published on October 2, 2013
Plaintiff, an insured attorney, filed a complaint against defendant, his professional liability insurer, seeking a declaratory judgment and damages arising from its alleged breach of its contractual duty to defend him and of Pennsylvania's bad faith statute. The insured moved for summary judgment,...

 

HTMLE-Mails Showing Leisure Travel & Continued Practice of Law Support Carrier Terminating Attorney’s Disability Benefits
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
October 3, 2013, previously published on September 24, 2013
The Fifth Circuit recently reversed a district court’s decision that an attorney’s disability benefits were improperly cancelled holding the disability plan administrator was within its bounds to rely on a series of e-mails sent to the plan administrator by a former romantic partner of...

 

HTMLTwo-Year Statute of Limitations Not Limited to Legal Malpractice Claims by Clients
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 18, 2013
The Illinois First District Appellate Court held that Illinois' two-year statute of limitations in 735 ILCS 5/13-214.3(b) applies to legal malpractice claims but is not restricted to those claims, and applies to actions arising out of provision of legal services.

 

HTMLCourt Rejects Bona Fide Error Defense by Landlord Law Firm
Terrence P. McAvoy, Concepcion A. Montoya; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 16, 2013
In 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...

 

Adobe PDFWho Is A Supervisor? The Supreme Court Provides Clarity
Wroten Associates Inc.;
Legal Alert/Article
September 17, 2013, previously published on Summer 2013
As 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...

 

Adobe PDFHITECH: Ignore at Your Peril
Wroten Associates Inc.;
Legal Alert/Article
September 17, 2013, previously published on Summer 2013
There 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...

 

Adobe PDFCreating a PPACA Mandatory Compliance Program
Wroten Associates Inc.;
Legal Alert/Article
September 17, 2013, previously published on Summer 2013
Skilled 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...

 

HTMLUncharted Jurisprudential Waters: Attorney-Client Privilege and In-House Communications
Scott D. Budnick, Richard H.C. Clay; Dinsmore & Shohl LLP;
Legal Alert/Article
September 12, 2013, previously published on September 10, 2013
Many 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...

 


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