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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 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...

 

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 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...

 

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...

 

Adobe PDFA 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;
Legal Alert/Article
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.

 

HTMLControversies Concerning the Company Registration Practices of Loss Companies
Teresa Huang; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
August 26, 2013
In 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...

 

HTMLLaw 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;
Legal Alert/Article
August 20, 2013, previously published on August 7, 2013
Plaintiff 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...

 

HTMLWhat Should an Employer Say (If Anything) in a Termination Letter?
Todd A. Leeson; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
August 17, 2013, previously published on August 14, 2013
As 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...

 


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