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|E-Mails Showing Leisure Travel & Continued Practice of Law Support Carrier Terminating Attorney’s Disability Benefits|
Martin Disiere Jefferson Wisdom L.L.P.;
October 3, 2013, previously published on September 24, 2013The 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...
|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...
|Two-Year Statute of Limitations Not Limited to Legal Malpractice Claims by Clients|
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 18, 2013The 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.
|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...
|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...
|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...
|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...
|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...
|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.
|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...