Author Info for Hinshaw & Culbertson LLP

Kelechi Ajoku

Reel Shorts | Labor & Employment: Navigating AI Compliance Risks in Recruiting

In this Reel Shorts | Labor & Employment video, Kelechi Ajoku guides employers through the latest regulations on artificial intelligence (AI) use in recruitment processes. Learn essential tips to ensure your AI hiring practices…more

Artificial Intelligence, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Hiring & Firing

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David Alfini

[Webinar] Offering Culturally Appropriate Care and Services to LGBTQ+ Seniors - June 26th, 12:30 pm - 1:30 pm PST

David Alfini to Present a Hinshaw-Sponsored Webinar on Culturally Appropriate Care and Services to LGBTQ+ Seniors - Hinshaw is pleased to present "Offering Culturally Appropriate Care and Services to LGBTQ+ Seniors" as a…more

Continuing Legal Education, Elder Care, Elder Issues, LGBTQ, Senior Housing

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Dustin Alonzo

Utah Governor Cox Signs Bill to Repeal Collection Agency Registration Requirements

Effective May 3, 2023, Utah House Bill 20 (Collection Agency Amendments) will repeal a majority of Utah's collection agency statutes located in Title 12 of the Utah Code. Signed by Utah Governor Spencer Cox on March 13, 2023,…more

Collection Agencies, Consumer Financial Products, Debt Collectors, Financial Services Industry, Registration Requirement

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Sarah Anderson

West Virginia v. EPA: Insurers Should Consider How Big of a Bite the U.S. Supreme Court Took Out of the "E" in ESG

We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua…more

Biden Administration, Clean Air Act, Clean Power Plan, Climate Change, Commercial General Liability Policies

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Albert Angelo

Illinois Civil Procedure Amendment Imposes 6% Prejudgment Interest in Personal Injury and Wrongful Death Actions

On May 28, 2021, Illinois Governor J.B. Pritzker signed an amendment to the Illinois Code of Civil Procedure, 735 ILCS 5/2-1303, that applies a 6% prejudgment interest rate on all damages awarded in personal injury and wrongful…more

Bodily Injury, Damages, Governor Pritzker, Litigation Strategies, New Legislation

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Anthony Antognoli

Reviewing Employer Health Plan Coverages in the Post-Roe Era

With the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, employers should review their employee benefit plans and assess their options and obligations in offering group health plan…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Assistance Programs, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Alexander Baggio

DOL Proposes Increases in Exempt Employee Salary and Annual Compensation Requirements

On August 30, 2023, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to update and revise the salary requirements under the Fair Labor Standards Act (FLSA) for exemptions from minimum wage and…more

Compensation, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Wage and Hour

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V. Brette Bensinger

Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave…more

Accrual Requirements, Carryover Basis, City of Chicago, Compliance, Covered Employees

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Mark Berhow

Attention Minnesota Employers: Duluth Set to Implement New Earned Sick and Safe Time Leave Requirements

On January 1, 2020, the city of Duluth will join Minneapolis and St. Paul in imposing new sick and safe time leave requirements on employers. Specifically, employers with five or more employees—regardless of where those…more

Earned Sick Time, Paid Leave, Paid Time Off (PTO), Sick Leave, Sick Pay

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Samuel Bodurtha

Maine Supreme Court Revisits Reverses its Controversial 2017 One-and-Done Foreclosure Decision

A highly contested and controversial legal defense to residential foreclosures in Maine resurfaced earlier this month with the Maine Supreme Judicial Court's decision in Finch v. U.S. Bank, N.A. Finch renewed the legal question…more

Borrowers, Financial Services Industry, Foreclosure, Judicial Foreclosure Process, Mortgage Lenders

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William Bogdan

[Webinar] Labor & Employment Regional Law Updates - January 10th, 12:00 pm - 1:00 pm PDT

Join us for Hinshaw’s Labor & Employment Regional Law Updates, two exclusive legal webinars on the latest trends in employment law for companies. As organizations of all sizes navigate an ever-evolving legal landscape,…more

Best Practices, Continuing Legal Education, Employer Liability Issues, Employment Policies, Federal Labor Laws

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Robert Bohner

The LHD/ERISA Advisor: District Court Holds that Plan Administrator Was ERISA Fiduciary

In Technibilt Grp. Ins. Plan & Technibilt, Ltd v. Blue Cross & Blue Shield of North Carolina (W.D. N.C., Feb. 3, 2020), a North Carolina district court held that a plan administrator was an ERISA fiduciary for the purpose of…more

Breach of Duty, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Fiduciary Duty, Health Insurance

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Roy Bossen

FAQs: CMS Issues Emergency Regulation Mandating Workforce COVID-19 Vaccinations by Medicare/Medicaid-Certified Providers and Suppliers

On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an emergency regulation, requiring the workforce of Medicare- and Medicaid- certified providers and suppliers to be fully vaccinated against COVID-19…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Facilities, Healthcare Workers

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Dana Briganti

New York City Department of Consumer and Worker Protection Issues Proposed Amendments to its Rules Relating to Debt Collectors

In September, the New York City Department of Consumer and Worker Protection (DCWP) requested comment on proposed amendments to its rules relating to debt collectors, which could significantly change the requirements and…more

City of New York, Credit Reporting Agencies, Debt Collection, Disclosure Requirements, Medical Debt

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Robert Buchholz

Fee Sharing Between Lawyers Under ABA Rule 1.5(e): How to Protect Yourself and the Client

I. Introduction - When done correctly, fee-sharing arrangements between lawyers can be lucrative for lawyers while simultaneously maximizing the quality of legal representation for the client without increasing the cost…more

American Bar Association (ABA), Client Representation, Fee Agreements, Fee-Sharing, Legal Ethics

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Lisa Burman

New Tax Law Provides Employer Tax Credit for Compensation Paid to Employees While on Family and Medical Leave

The new federal tax law, signed by President Trump in December, contains a number of provisions that will impact the workplace and employers. In a previous alert, we described how the new tax law eliminated the ability to claim…more

Family and Medical Leave Act (FMLA), Medical Leave, Tax Credits

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Lauren Campisi

Unpacking the U.S. Supreme Court's Unanimous Facebook Decision Narrowing the TCPA's Autodialer Definition

A unanimous United States Supreme Court (SCOTUS) on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted…more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, FCC, Random or Sequential Number Generator

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Peter Carlson

Illinois Workers' Compensation Commission Notice of Emergency Amendment Regarding COVID-19

On April 13, 2020, the Illinois Workers' Compensation Commission adopted an emergency rule stating that First Responders and employees in a broad range of industries who develop COVID-19 are "rebuttably presumed" to have…more

Amended Rules, Coronavirus/COVID-19, First Responders, Infectious Diseases, Rebuttable Presumptions

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Mark Carter

[Webinar] Insights and Practical Considerations for Business Owners and Lenders Navigating the COVID-19 Pandemic - March 31st, 2:00 pm ET

Businesses across the U.S. are being forced to "figure it out as they go" during this unprecedented COVID-19 pandemic. We want to help. This webinar will provide targeted insights and suggestions aimed at helping you navigate…more

Business Ownership, Coronavirus/COVID-19, Default, Employee Benefits, Filing Deadlines

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Mitchel C. Chargo

DEA's Decision to Reschedule Marijuana Represents a Massive Shift in U.S. Drug Policy, But Challenges for Cannabis Industry Remain

Earlier this week, we learned that the United States Drug Enforcement Administration (DEA) will likely reclassify marijuana under federal law from Schedule I to Schedule III of the Controlled Substances Act (CSA) based upon the…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Classification, Controlled Substances, Controlled Substances Act

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Katherine Cheng Arnold

US Supreme Court Ruling Allows California Employers to Enforce Arbitration Agreements and Limit PAGA Claims

The United States Supreme Court's recent decision in Viking River Cruises v. Moriana, No. 20–1573 (June 15, 2022) benefits California employers as it will make it easier for them to enforce arbitration agreements related to…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Preemption, Private Attorneys General Act (PAGA)

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Daniel Conte

[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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Steven Cutler

Use It or Lose It: Federal Gift and Estate Tax Exemption Set to Sunset at the End of 2025

The Tax Cuts and Jobs Act (TCJA) of 2017 nearly doubled the federal lifetime gift and estate tax exemption. In 2024, this act currently allows individuals to transfer up to $13.61 million per person and $27.22 million per…more

Estate-Tax Exemption, Gift-Tax Exemption, High Net-Worth, Income Taxes, Internal Revenue Code (IRC)

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David Ian Dalby

[Virtual Program] Labor & Employment Regional Law Update - July 26th, 1:00 pm - 2:00 pm EDT

Join us for Hinshaw's Labor & Employment Regional Law Update. Our practical and engaging virtual program will examine the most pressing issues affecting employers today…more

Continuing Legal Education, Employer Liability Issues, Employment Policies, Federal Labor Laws, Hiring & Firing

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Joseph J. De Hope, Jr.

Practical Tips to Mitigate the Risk of Being Hacked by Fake IRS or Google Voice Scams

Risk Management Question - What are some of the newest hacking scams that may affect law firms and other businesses? The Issue - On October 27, 2021, the Federal Trade Commission (FTC) issued warnings to be on alert for…more

Cybersecurity, Data Protection, Data Security, Data Theft, Federal Trade Commission (FTC)

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Aimee Delaney

Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave…more

Accrual Requirements, Carryover Basis, City of Chicago, Compliance, Covered Employees

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John DeLascio

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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Marissa Delinks

[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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Patrick Devine

[Webinar] Defending the Traumatic Brain Injury (“TBI”) Case – The Objective vs. The Subjective - October 12th, 1:30 pm - 2:30 pm EST

Hinshaw is pleased to partner with the American Educational Institute and Society of Claim Law Associates for a presentation on Defending the Traumatic Brain Injury ("TBI") Case - The Objective vs. The Subjective. Hinshaw…more

Continuing Legal Education, Defense Strategies, Evidence, Insurance Claims, Insurance Industry

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Edward Donohue III

The Ghosts of Clients Past – Financial Elder Abuse Claims Against Estate Planners

In states with Financial Elder Abuse statutes, legal malpractice claims by seniors invoking those statutes are common. These laws are generally understood to address the conversion of property of elderly or dependent adults…more

Elder Abuse, Elder Issues, Estate Planning, Financial Abuse, Testamentary Capacity

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Michael Dowell

Don’t Jeopardize Your License: Ensure Compliance With California State Board of Pharmacy Notification and Reporting Obligations

Pharmacies, wholesalers, third-party logistics providers, outsourcing facilities, clinics, and pharmacists must obtain the California State Board of Pharmacy’s (the “Board”) approval or otherwise notify the Board about changes…more

Business Entities, California, Change of Ownership, Compliance, Licensees

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Bonnie Dye

3 Key Takeaways and Collection Agency Industry Insights from the NACARA Conference

Last week, the North American Collection Agency Regulatory Association (NACARA) hosted its annual conference at the California Department of Financial Protection and Innovation’s Sacramento office. The event served as a platform…more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors

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Ameneh Ernst

California Law Prohibits No-Rehire Provisions in Settlement Agreements

California law typically frowns on contracts that restrict a person's ability to engage in trade for their chosen profession. In keeping with this philosophy, the California legislature has passed AB 749, which was recently…more

Employer Liability Issues, No-Hire/No-Solicitation Agreements, Settlement Agreements

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Peter Felsenfeld

The LHD/ERISA Advisor: ERISA Exhaustion Requirement Not Satisfied by Verbal Appeal When Plan Required Written Appeal

In Ligotti v. United Healthcare Services, 2021 U.S. Dist. LEXIS 106992 (S.D. Fla., June 8, 2021), a Florida district court held that a health care provider challenging claim denials on behalf of his patients cannot satisfy…more

Additional Discovery, Administrative Remedies, Appeals, Discovery, Employee Benefits

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Kyle Ferachi

[Virtual Program] Labor & Employment Regional Law Update - July 26th, 1:00 pm - 2:00 pm EDT

Join us for Hinshaw's Labor & Employment Regional Law Update. Our practical and engaging virtual program will examine the most pressing issues affecting employers today…more

Continuing Legal Education, Employer Liability Issues, Employment Policies, Federal Labor Laws, Hiring & Firing

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Matthew Ferlazzo

Excess D&O Policy Not Triggered by Vizio's Smart TV Litigation Claim

An excess D&O insurer had no obligation to contribute to Vizio's settlement with its primary general liability insurer for liabilities arising from the Smart TV Litigation, a California federal district court has held. See…more

Commercial General Liability Policies, Covenant of Good Faith and Fair Dealing, D&O Insurance, Denial of Insurance Coverage, Equitable Contribution

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Barbara Fernandez

Eleventh Circuit Orders En Banc Rehearing of Hunstein Case and Vacates Opinion

Today, Hunstein took another unique—but favorable—turn for the debt collection industry. The Eleventh Circuit Court of appeals issued an order vacating its last opinion in Hunstein vs. Preferred Collection & Management Services,…more

Debt Collection, Debt Collectors, En Banc Review, FDCPA, Financial Services Industry

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Robert Finley

Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act would…more

Insurance Industry, Negligence, New York, Proposed Legislation, Regulatory Agenda

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Kyle Fonjemie

SEC Changes the Game for Private Fund Advisers – Summarizing the New "Restricted Activities Rule" and the "Preferential Treatment Rule"

In early 2022, the Securities and Exchange Commission (SEC) proposed a series of new rules and rule amendments aimed primarily at increasing transparency and protecting investors in private fund transactions. This August, the…more

Final Rules, Investment Adviser, Investors, New Amendments, New Rules

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Sara Franks

Deciphering Forum Non-Conveniens: Global Law Firm Headquarters’ Location Deemed a Convenient Forum

Lehram Capital Investments, Ltd., et al. v. Baker & McKenzie International, et al., 2024 IL App (1st) 230095 (Feb. 14, 2024) - Brief Summary Plaintiffs Lehram Capital Investments (“Lehram”) and Daniel Rodriguez (“Rodriguez”)…more

Attorney Malpractice, Dispute Resolution, Forum, Forum Non Conveniens, Forum Selection

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Sabrina Geisler

Lack of Expert Testimony Results in $1.4 Million Legal Malpractice Verdict Being Overturned

Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related to…more

Appellate Courts, Attorney Malpractice, Client Representation, Damages, Expert Testimony

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Paris Glazer

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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Margarita Gokhberg

The LHD/ERISA Advisor: Court Rules LTD Benefits Properly Terminated After Plaintiff Failed to Undergo Recommended Surgery for Disability

In Hall v. Aetna Life Ins. Co., 2021 U.S. Dist. LEXIS 117331 (N.D. Cal. June 23, 2021), a California district court held that an ERISA claim administrator properly terminated long-term disability (LTD) benefits after the…more

Disability, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Long Term Disability Insurance

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Rebekah González

A Guide to Immigration Eligibility for the Department of Homeland Security's "Parole in Place" Application

The Department of Homeland Security (DHS) has announced that on August 19, 2024, they will begin accepting applications for its new Parole in Place process, which is intended to promote family unity and stability. The Parole in…more

Department of Homeland Security (DHS), Documentation, Eligibility, Immigrants, Immigration Procedures

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Andrew Gordon

[Webinar] Labor & Employment Regional Law Updates - January 10th, 12:00 pm - 1:00 pm PDT

Join us for Hinshaw’s Labor & Employment Regional Law Updates, two exclusive legal webinars on the latest trends in employment law for companies. As organizations of all sizes navigate an ever-evolving legal landscape,…more

Best Practices, Continuing Legal Education, Employer Liability Issues, Employment Policies, Federal Labor Laws

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Jason S. Greenfield

Is Your Business Prepared to Comply With New York's Retail Worker Safety Act?

On September 4, 2024, Governor Kathy Hochul signed the Retail Worker Safety Act (the "Act") into law. The Act, which takes effect on March 3, 2025, requires retail employers to develop and implement programs to prevent…more

Compliance, Department of Labor (DOL), Employee Training, Employer Responsibilities, New York

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David Grossbaum

Sharing Fees Between Lawyers – Lawyers' Lawyer Newsletter - Do it Right or Pay the Price

The recent case of Edelson, P.C. v. Girardi, et al.[i] shows what can happen when a fee-sharing agreement goes bad. Edelson, P.C. claims that it acted as Illinois local co-counsel for California law firm Girardi Keese under an…more

Attorney's Fees, Client Services, Consent, Fee-Sharing, Law Firm Ownership

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Adam Guetzow

California Expands Non-Economic Damages In Survival Actions

Effective January 1, 2022, plaintiffs in survival actions in California will be able to obtain damages for predeath pain, suffering, or disfigurement. This marks a dramatic change in California law that will likely impact the…more

Elder Abuse, Elder Care, Medical Malpractice, Negligence, New Legislation

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Jeffrey Edward Hall

California Supreme Court Expands Protections for Employees Claiming to be "Whistleblowers"

On January 27, 2022, the California Supreme Court issued its Opinion in Lawson v. PPG Architectural Finishes, No. S266001, __ Cal. 5th ___, 2022 Cal. Lexis 312 (Jan. 27, 2022) regarding the proof paradigm in California…more

Affirmative Defenses, Burden of Persuasion, CA Supreme Court, Corporate Counsel, Employer Liability Issues

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David Heiss

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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Matthew Henderson

Law Firm Best Practices to Mitigate the Increasing Risk of Attorney Disqualification Motions

It seems as though every day, there is a story in the legal news about a well-known law firm facing a disqualification motion. While disqualification motions are being filed more frequently, that is only half the story. Such…more

Client Services, Conflicts of Interest, Disqualification, Firm Leadership, Legal Ethics

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Taylor Hennington

Buy Now Pay Later Lender Licensing Legislation Still Under Consideration in New York

The Buy Now Pay Later ("BNPL") legislation introduced by New York Governor Kathy Hochul officially died last week. However, BNPL legislation introduced last month by New York Assemblymember Pamela Hunter remains active and,…more

Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Lenders, Credit Reports, Fees

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Pedro Hernandez

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to…more

Affirmative Action, Artificial Intelligence, Asbestos, Biden Administration, Biometric Information Privacy Act

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Christy Hoop

Have your clients had their legal checkup?

In August 2014, the ABA's Commission on the Future of Legal Services set out to improve the delivery of, and access to, legal services in the United States. (Report on the Future of Legal Service in the United States, p.4)…more

American Bar Association (ABA), Client Services, Low-Income Issues, Pro Bono

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Linda Horras

PUMP Act Makes Employers Liable for Violations of Break Times or Private Spaces for Nursing Mothers

Hopefully, employers are already providing a private space for nursing mothers to express milk and sufficient break time to do so as required by the Fair Labor Standards Act (FLSA). The Providing Urgent Maternal Protections for…more

Breastfeeding, Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA), Lactation Accommodation

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Jeffrey Hoskins

CWA Liability Expanded to Include Migrating Groundwater Contamination with a "Direct Hydrologic Connection" to Jurisdictional Surface Waters

On April 12, 2018, the Fourth Circuit Court of Appeals held that the Clean Water Act (CWA) regulates point source discharges through groundwater with a "direct hydrologic connection" to the surface water. The Court's 2-1…more

Citizen Suits, Clean Water Act, Groundwater, Pipelines

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Michael Iasparro

Federal Trade Commission Suffers Setback in Major Hospital Merger Case

On Tuesday, June 14, 2016, U.S. District Judge Jorge Alonso of the Northern District of Illinois declined to grant the Federal Trade Commission (FTC) a preliminary injunction to temporarily stop a merger between Downers Grove,…more

Federal Trade Commission (FTC), Health Care Providers, Hospital Mergers, Hospitals, Preliminary Injunctions

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Peter Isola

California Appellate Court Permits Debt Collection Suit against Mortgage Loan Servicer

Acknowledging a split of authority among the many federal courts reviewing whether a mortgage loan servicer falls within the FDCPA's definition of a "debt collector," one California appellate court has revived a putative class…more

Debt Collectors, FDCPA, Mortgage Servicers, Mortgages, Split of Authority

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Anthony Jacob

Options for Conducting Annual Shareholder Meetings and Director Meetings During a Time of COVID-19 Shelter in Place Orders

As social distancing policies and mandates continue to take hold across the country, companies are grappling to understand the implications of these measures on their business. One compliance issue to resolve is that companies…more

Annual Meeting, Board Meetings, Board of Directors, Bylaws, Coronavirus/COVID-19

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Sabrina Janeiro

Strategic Privacy Planning Alert: A State Law Regulatory Roadmap for 2024–2025 Compliance

As January 2025 privacy strategy planning ramps up this fall, our Privacy, Security, & Artificial Intelligence team has put together a planning alert for 2024–2025. In this installment, we review the following nine state privacy…more

Compliance, Consent, Consumer Privacy Rights, Data Privacy, Data Protection Impact Assessments (DPIAs)

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Colleen Jarrott

U.S. EPA Grants Louisiana Primacy for Class VI Geologic Sequestration Wells: What's Next?

Recently, the United States Environmental Protection Agency ("EPA") signed a final rule granting the State of Louisiana's request for primary responsibility for the permitting, compliance, and enforcement of Class VI (deep…more

Carbon Capture and Sequestration, Carbon Emissions, Drinking Water, Energy Projects, Environmental Justice

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Noah Jussim

Responding to State Board of Pharmacy Licensing and Regulatory Proceedings

State Boards of Pharmacy are responsible for protecting the health, safety and welfare of the public by regulating the legal distribution of prescription drugs in their respective states, and ensuring the quality of all drugs…more

Pharmaceutical Industry, Pharmacies, Pharmacist, State Boards

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Jennifer Kalas

The LHD/ERISA Advisor: Texas District Court Upholds Denial of LTD Benefits Because Claimant Did Not Prove Functional Limitations Within Benefit Waiting Period

In Calkin v. United States Life Ins. Co., 2021 U.S. Dist. LEXIS 82110 (S.D. TX., April 29, 2021), a Texas district court affirmed the insurer’s denial of LTD benefits, holding that while a claimant established diagnoses, he…more

Denial of Insurance Coverage, Disability, Employee Benefits, Employee Retirement Income Security Act (ERISA), Long Term Disability Insurance

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Peter Kanaris

As COVID-19 Coverage Law Suits Are Filed, New Jersey Legislature Considers Mandated COVID-19 Business Interruption Coverage

The first COVID-19-related insurance coverage cases are now being filed. In Louisiana, a declaratory judgment action was brought against Certain Underwriters at Lloyd's, asking the court to rule that an all-risk policy provides…more

All-Risks Insurance, Business Interruption, Coronavirus/COVID-19, Corporate Counsel, Declaratory Judgments

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James Keeling

SBA Provides Additional Guidance on Review of Economic Uncertainty Certifications Made by PPP Loan Applicants

In the past few weeks, the U.S. Department of Treasury and Small Business Administration (SBA) have raised issues concerning the economic uncertainty certification made by both public and private companies in FAQs #31 and #37,…more

Borrowers, CARES Act, Certification Requirements, Coronavirus/COVID-19, Good Faith

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Joseph Kern

Lack of Standing Is Not Dead as a Defense to TCPA Actions

The Eleventh Circuit, in Salcedo v. Hanna, has concluded that receipt of a single unsolicited text, allegedly sent in violation of the Telephone Consumer Protection Act (the "TCPA"), does not constitute a sufficient "concrete…more

Article III, Constitutional Challenges, Split of Authority, Standing, TCPA

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Sarah King

What Does the CFPB’s New Public Registry to Detect Repeat Offenders Mean for Your Business?

On June 3, 2024, the Consumer Financial Protection Bureau (CFPB) issued the Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders Final Rule (“the Final Rule”)…more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Due Diligence, Enforcement

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Ian King II

Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent

Bryan Dick-Ipsen v. Humphrey, Farrington & McClain, P.C., et al., 2024 IL App (1st) 241043 - Brief Summary - The First District Appellate Court in Illinois affirmed the trial court's denial of a defendant law firm's motion to…more

Arbitration, Attorney Malpractice, Client Representation, Discovery, Mandatory Arbitration Clauses

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Spencer Kook

Governor Newsom Issues Executive Order Creating Rebuttable Presumption of Workers' Compensation Compensability for COVID-19 Work-Place Related Illnesses

On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which provides that an employee's COVID-19 related illness "shall be presumed to arise out of and in the course of the employment for purposes of awarding workers'…more

Coronavirus/COVID-19, Employer Responsibilities, Executive Orders, Governor Newsom, Rebuttable Presumptions

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Schuyler Kraus

Second Circuit Rules Homeowners Established Article III Standing for Statutory Damages Claim

On May 10, 2021, ruling on an issue of first impression, the U.S. Court of Appeals for the Second Circuit in Maddox v. Bank of New York Mellon Trust affirmed denial of BNY Mellon's motion for judgment on the pleadings, finding…more

Article III, Financial Services Industry, Mortgage Lenders, Mortgages, Standing

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Philip Kujawa

PERS Company Prevails at Trial of Wrongful Death Suit

A recent case involving a PERS (Personal Emergency Response System) was decided in the Appellate Court of Connecticut, Theodore v. Lifeline Sys. Co., 173 Conn. App. 291, 2017 Conn. App. LEXIS 211 (Conn. App. Ct. May 23, 2017)…more

Emergency Response, Negligence, Product Defects, Proximate Cause, Wrongful Death

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Lauren Kus

Don't Let Hackers Have a Holiday with Your Information

Risk Management Question - As the 2019 holiday season quickly approaches, you can expect a flood of holiday-themed scams. Malicious actors are ready and waiting to exploit the goodwill of the holiday season by trying to trick…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Hackers

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Evan Kwarta

FAA’s Michael Whitaker Appointed Administrator Amidst Industrial & Bureaucratic Turbulence

FAA’s Michael Whitaker Appointed Administrator Amidst Industrial and Bureaucratic Turbulence - With a presidential election year on the horizon, a split Congress, and an aviation industry encumbered by labor shortages and…more

Administrative Appointments, Aviation Industry, Federal Aviation Administration (FAA), Federal Funding, Legislative Agendas

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Stephanie Laird Tolson

A Primer on Changes Made to the Texas Mechanic’s and Materialman’s Liens Act, Effective January 1, 2022

In early June 2021, Governor Abbott signed into law House Bill 2237 (the Bill) that makes substantial changes to the law that establishes the requirement for mechanic’s and materialmen’s liens and bond claims in Texas. We…more

Construction Industry, Construction Liens, Governor Abbott, Liens, Materialman's Lien

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Hale Yazicioglu Lake

First Circuit Bankruptcy Panel Affirms “Gavel Rule” as Determinative of When a Bankruptcy Debtor’s Right of Redemption Terminates

The Bankruptcy Appellate Panel for the First Circuit has affirmed an earlier decision that concluded a borrower’s right to redeem terminates when the gavel falls at a foreclosure auction, and not when a deed is recorded. In…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Court, Consumer Bankruptcy, Debtors, Deeds

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Gar Lauerman

[Commentary] An Updated Primer on PFAS/Forever Chemical Claims: Regulation, Litigation, Large Losses, and Insurance Coverage Issues

Per- and poly-fluoroalkyl substances ("PFAS") represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide, and numerous large settlements have already been reached. Insurers are…more

Choice-of-Law, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Forum Selection

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Steven Lehner

The LHD/ERISA Advisor: District Court Finds Reduction in Monthly LTD Benefit Due to IRA Rollover Appropriate Under Plan Terms

In DeBold v. Liberty Life Assur. Co. of Bos., 2021 U.S. Dist. LEXIS 120153 (D. Mass, June 28, 2021), a district court held that an ERISA plan administrator could reduce an insured's monthly long-term disability (LTD) benefit…more

Breach of Duty, De Novo Standard of Review, Denial of Benefits, Disability Benefits, Employee Benefits

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Edward Lenci

The Second Circuit May Well Reconsider Reverse-Preemption of The New York Convention by the McCarran-Ferguson Act

A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act ("MFA")…more

Appeals, Arbitration, Commerce Clause, Dodd-Frank, Federal Arbitration Act

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Leah Lenz

Tips on Using a Settlement Conference RJI to Show CPLR 3215(c) Compliance in New York Foreclosure Actions

In New York civil actions, where a defendant fails to answer the complaint, the next step is usually a motion for a default judgment pursuant to CPLR 3215. However, in residential mortgage foreclosure actions, the plaintiff is…more

Banks, Borrowers, CPLR, Default Judgment, Foreclosure

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David Levitt

GDPR and the Uniform Foreign Country Money Judgments Recognition Act

You are an American company. While you sell product or otherwise interact with Europe, and thereby collect personal information about European residents, you have no assets or facilities on that continent. Nonetheless, you are…more

Administrative Fines, Binding Corporate Rules, California Consumer Privacy Act (CCPA), Corporate Liability, Data Controller

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Craig Liljestrand

Illinois Joins a Host of States to Reduce and Later Ban the Use of PFAS in Firefighting Foam

Effective January 1, 2022, Illinois began phasing out Per-and Polyfluoradlkyl Substances (PFAS), which have been commonly used in firefighting foam for decades. PFAS are able to effectively repel oil and water, reduce friction,…more

Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Erin Lindberg

Absolute Litigation Privilege Bars Claims Stemming From Communications Related to Litigation

Michael Qualizza v. Neil D. Freeman, et al., 2024 IL App (1st) 231534-U (July 26, 2024) - Brief Summary - The First District Appellate Court in Illinois reaffirmed the broad scope of the absolute litigation privilege in claims…more

Absolute Privilege, Defamation, Judicial Proceedings, Litigation Privilege, Testimonial Statements

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Tom Luetkemeyer

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but…more

Contract Terms, Employees, Employer Liability Issues, Employment Contract, Hiring & Firing

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Thomas Lupo

U.S. EPA Publishes Final Rule Updating the Phase I Environmental Site Assessment Standard Under CERCLA

On December 15, 2022, the United States Environmental Protection Agency (EPA) published the Final Rule, entitled "Standards and Practices for All Appropriate Inquiries," updating the Phase I Environmental Site Assessment…more

ASTM, CERCLA, Contaminated Properties, Environmental Policies, Environmental Protection Agency (EPA)

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Barry MacEntee

[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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Kevin Manganaro

In a Win for Mortgage Servicers, Massachusetts Supreme Court Finds Mandatory Notice of Right to Cure in Notice of Default is Not Potentially Deceptive

Massachusetts moved one step closer to resolving an ongoing debate over pre-foreclosure notices of default that started with the First Circuit's decision in Thompson v. JPMorgan Chase Bank back in February of 2019. Initially,…more

Borrowers, Contract Interpretation, Foreclosure, MA Supreme Judicial Court, Mortgages

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Roger Masson

U.S. Supreme Court Substantially Devalues Design Patent Damages on Multicomponent Products: What Design Patent Holders Need to Know

The U.S. Supreme Court in a unanimous 8-0 opinion reversed and remanded to the U.S. Court of Appeals for the Federal Circuit an award to Apple, Inc. of $399 million of Samsung Electronics Co., Ltd.'s total profits on smartphones…more

Apple v Samsung, Article of Manufacture, Calculation of Damages, Cell Phones, Component Parts Doctrine

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Victor L. Matthews II

New York Court Finds an Action is Timely in Some Circumstances in CPLR 205(a) Decision

The Appellate Division of the New York Supreme Court's First Department recently issued a decision addressing the calculation of the six-month timeframe permitted to file a new action, according to New York's Civil Practice Law…more

Appeals, CPLR, Financial Services Industry, Lenders, Litigation Strategies

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Megan Lopp Mathias

[Event] Deal Maker Economic Forum - July 24th, Chicago, IL

Hinshaw is excited to bring together a distinguished panel of business leaders for our annual Deal Maker Economic Forum on Wednesday, July 24, 2024. Co-sponsored by Hinshaw’s Women’s Affinity Network, the forum aims to provide a…more

Business Development, Business Opportunities, CEOs, Entrepreneurs, Events

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Connie Mayer

[Event] Deal Maker Economic Forum - July 24th, Chicago, IL

Hinshaw is excited to bring together a distinguished panel of business leaders for our annual Deal Maker Economic Forum on Wednesday, July 24, 2024. Co-sponsored by Hinshaw’s Women’s Affinity Network, the forum aims to provide a…more

Business Development, Business Opportunities, CEOs, Entrepreneurs, Events

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Terrence McAvoy

Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent

Bryan Dick-Ipsen v. Humphrey, Farrington & McClain, P.C., et al., 2024 IL App (1st) 241043 - Brief Summary - The First District Appellate Court in Illinois affirmed the trial court's denial of a defendant law firm's motion to…more

Arbitration, Attorney Malpractice, Client Representation, Discovery, Mandatory Arbitration Clauses

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Ambrose McCall

Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints About Systemic Workplace Concerns

Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary…more

Employer Liability Issues, First Amendment, Hiring & Firing, Public Concern, Public Employees

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Liam McGing

A Surge in Illinois Genetic Information Privacy Act (GIPA) Claims Poses Threat to Employers

The Illinois Genetic Information Privacy Act (“GIPA”) was enacted in 1998, and although minimal litigation followed in the years following its enaction, we are now seeing a significant surge in litigation similar to that…more

Biometric Information Privacy Act, Employer Liability Issues, Healthcare Facilities, Hiring & Firing, Illinois

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Brian McGrath

Federal Court Rules That CDC Exceeded its Authority with Nationwide Eviction Moratorium

On May 5, 2021, the U.S. District Court for the District of Columbia struck down the Centers for Disease Control and Prevention's nationwide eviction moratorium. According to the court, the CDC exceeded the scope of its…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, IRS

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Maura McKelvey

Stepping Beyond the CARES Act: Massachusetts Expands Forbearance and Issues Sweeping Moratorium on Foreclosures and Evictions during COVID-19 Emergency

On April 20, 2020, Massachusetts Governor Charlie Baker signed H.4647 into law. The law establishes a moratorium on foreclosures and evictions for 120 days from the date of the enactment, or 45 days after the COVID-19 Emergency…more

CARES Act, Coronavirus/COVID-19, Eviction, Forbearance Agreements, Foreclosure

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Michael McKleroy

Sixth Circuit Applies Recent SCOTUS Tax-Taking Decision to Affirm an Owner’s Right to Net Tax Lien Foreclosure Proceeds

We previously reported on the U.S. Supreme Court’s decision, Tyler v. Hennepin County, where the court concluded that the State of Minnesota violated a property owner’s constitutional rights by keeping the excess sale proceeds…more

Fair Market Value, Foreclosure, SCOTUS, Takings Clause, Tax Debt

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John McPherson

NYSDFS Issues Final Circular for Insurers on Artificial Intelligence and External Data Use

On July 11, 2024, the New York State Department of Financial Services (NYSDFS) adopted a final circular about the "Use of Artificial Intelligence ("AI") Systems and External Consumer Data and Information Sources in Insurance…more

Algorithms, Artificial Intelligence, Automation Systems, Corporate Governance, Data Use Policies

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Samantha Millar

Public Companies Must Accurately Disclose Material Cyber Breaches to Investors

On August 16, 2021, the Securities and Exchange Commission (SEC) announced a $1 million settlement with Pearson plc (Pearson) in connection with a 2018 "cyber intrusion" that resulted in the theft of millions of student records,…more

Cease and Desist Orders, Cybersecurity, Data Breach, Data Privacy, Disclosure Requirements

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Geoffrey Milne

Tips for Loan Servicers on Defending Consumer Claims in Federal Court and Making Successful Article III Standing Challenges

Loan servicers and their counsel are often sued by consumers during contested mortgage foreclosure proceedings. The United States Supreme Court’s opinions in Spokeo, Inc. v. Robins and TransUnion v. Ramirez continue to be an…more

Article III, FDCPA, Financial Services Industry, Foreclosure, Injury-in-Fact

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Cheryl Mondi

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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Caroline Mondschean

[Event] 21st Annual Legal Malpractice & Risk Management Conference (LMRM) - March 1st - 3rd, Chicago, IL

Please join us for the 21st Annual Legal Malpractice & Risk Management Conference (LMRM) for one-and-a-half days of practical and engaging panel sessions focused on current and important developments in the law, litigation of…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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Concepcion Montoya

[Webinar] Labor & Employment Regional Law Updates - January 10th, 12:00 pm - 1:00 pm PDT

Join us for Hinshaw’s Labor & Employment Regional Law Updates, two exclusive legal webinars on the latest trends in employment law for companies. As organizations of all sizes navigate an ever-evolving legal landscape,…more

Best Practices, Continuing Legal Education, Employer Liability Issues, Employment Policies, Federal Labor Laws

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Kevin Moore

Estate Planning Newsletter - December 2018

Welcome to the Hinshaw Estate Planning Newsletter, designed to help you stay up to date on current estate planning topics, as well as other relevant legal developments and trends…more

529 Plans, Asset Protection, Charitable Deductions, Digital Assets, Estate Planning

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Stephen Moore

FAQs: CMS Issues Emergency Regulation Mandating Workforce COVID-19 Vaccinations by Medicare/Medicaid-Certified Providers and Suppliers

On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an emergency regulation, requiring the workforce of Medicare- and Medicaid- certified providers and suppliers to be fully vaccinated against COVID-19…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Facilities, Healthcare Workers

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Rowan Moriarty

Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment

Flanigan v. Herman., 2024 Wash. App. LEXIS 44 (Wash. Ct. App. Jan. 11, 2024) - Brief Summary - The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the…more

Attorney Malpractice, Breach of Duty, Negligence, Proximate Cause, Summary Judgment

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Trevor Mosby

FTC to Increase Enforcement Against Illegal Dark Patterns Targeting Consumers with Subscription Schemes

On October 28, 2021, the FTC issued an enforcement policy statement warning companies against utilizing illegal dark patterns that trick or trap consumers into subscription services. Dark patterns apply deceptive techniques that…more

Automatic Renewals, Enforcement Actions, Federal Trade Commission (FTC), Informed Consent, Policy Statement

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Marcia Mueller

Estate Planning Newsletter - December 2018

Welcome to the Hinshaw Estate Planning Newsletter, designed to help you stay up to date on current estate planning topics, as well as other relevant legal developments and trends…more

529 Plans, Asset Protection, Charitable Deductions, Digital Assets, Estate Planning

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Cathy Mulrow-Peattie

Strategic Privacy Planning Alert: A State Law Regulatory Roadmap for 2024–2025 Compliance

As January 2025 privacy strategy planning ramps up this fall, our Privacy, Security, & Artificial Intelligence team has put together a planning alert for 2024–2025. In this installment, we review the following nine state privacy…more

Compliance, Consent, Consumer Privacy Rights, Data Privacy, Data Protection Impact Assessments (DPIAs)

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Jill Munson

Review of Federal and State Immunity Laws in Response to COVID-19

In light of the ongoing COVID-19 public health crisis, the Secretary of the U.S. Department of Health and Human Services (HHS) signed a declaration providing immunity from suits involving the production and administration of…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Federal v State Law Application, Health Care Providers, Healthcare Facilities

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Ashley Newman

New York Appellate Court Reverses Foreclosure Judgement, Reaffirms Business Record Itself Must be Provided to Trigger Hearsay Exception

In Deutsche Bank Nat'l Trust Co. v. Ezeji, 2021 N.Y. App. Div. LEXIS 3313 (2d Dep't, May 19, 2021), New York's Appellate Division, Second Department, reversed a judgment of foreclosure and sale, finding that although the…more

Appellate Courts, Business Records, Evidence, Foreclosure, Hearsay

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Thomas O'Carroll

ADA Guidance for Dental Healthcare Providers Returning to Work

The novel coronavirus, COVID-19, has brought unprecedented challenges to all healthcare professionals, and dental healthcare providers are no exception. The practice of dentistry involves the generation of an aerosol containing…more

American Dental Association (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Dentists, Employee Training

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Jason Oliveri

Strategic Privacy Planning Alert: A State Law Regulatory Roadmap for 2024–2025 Compliance

As January 2025 privacy strategy planning ramps up this fall, our Privacy, Security, & Artificial Intelligence team has put together a planning alert for 2024–2025. In this installment, we review the following nine state privacy…more

Compliance, Consent, Consumer Privacy Rights, Data Privacy, Data Protection Impact Assessments (DPIAs)

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Matthew L. Pagano

Florida Appellate Court Reverses Summary Judgment for Attorneys Where They Could Have Remedied Prior Counsel's Mistakes and Salvaged Plaintiff's Case

Baum v. Becker & Poliakoff, P.A., 47 Fla. L. Weekly D2374 (Fla. 5th DCA November 18, 2022) - Plaintiff sued her attorneys for malpractice, arguing that they failed to correct her previous attorneys' mistakes in order to…more

Appellate Courts, Attorney Malpractice, Probate Courts, Professional Liability, Service of Process

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Ronald Park

Second Circuit Rules Homeowners Established Article III Standing for Statutory Damages Claim

On May 10, 2021, ruling on an issue of first impression, the U.S. Court of Appeals for the Second Circuit in Maddox v. Bank of New York Mellon Trust affirmed denial of BNY Mellon's motion for judgment on the pleadings, finding…more

Article III, Financial Services Industry, Mortgage Lenders, Mortgages, Standing

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Dean Parker

Options for Conducting Annual Shareholder Meetings and Director Meetings During a Time of COVID-19 Shelter in Place Orders

As social distancing policies and mandates continue to take hold across the country, companies are grappling to understand the implications of these measures on their business. One compliance issue to resolve is that companies…more

Annual Meeting, Board Meetings, Board of Directors, Bylaws, Coronavirus/COVID-19

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J. Michael Paulino

Strategic Privacy Planning Alert: A State Law Regulatory Roadmap for 2024–2025 Compliance

As January 2025 privacy strategy planning ramps up this fall, our Privacy, Security, & Artificial Intelligence team has put together a planning alert for 2024–2025. In this installment, we review the following nine state privacy…more

Compliance, Consent, Consumer Privacy Rights, Data Privacy, Data Protection Impact Assessments (DPIAs)

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Peter Pederson

The LHD/ERISA Advisor – June 2021: Second Circuit Issues Statute of Limitations Ruling Favorable to Healthcare Plan Administrators

Federal law does not supply a statute of limitations for a claim seeking equitable relief under ERISA, 29 U.S.C. 1132(a)(3), and therefore federal courts borrow the limitations period of the state-law cause of action to which…more

Amended Complaints, Declaratory Judgment Act, Employee Retirement Income Security Act (ERISA), Equitable Relief, Federal Rule 12(b)(6)

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Justin Penn

The Hunstein Saga Ends at the Eleventh Circuit: Court Determines That Use of a Mail Vendor Did Not Inflict a Concrete Injury

On September 8, 2022, the Eleventh Circuit Court of Appeals gave its final word—after many twists and turns—in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434. The court issued an en banc opinion…more

Article III, Credit Reporting Agencies, Debt Collection, Debt Collectors, FDCPA

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John Pierce

Consumer Class Action Fee Request Slashed By Judge

A Northern California federal judge has significantly slashed attorney fees and hourly rates sought by plaintiffs’ lawyers in a consumer class action. His final order reduced fees down from the requested $2.5 million to…more

Attorney's Fees, Class Action

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Nicholas Ponzo

Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act would…more

Insurance Industry, Negligence, New York, Proposed Legislation, Regulatory Agenda

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Richard Porter

U.S. EPA Issues COVID-19 Enforcement Policy

Below is a link to the temporary policy issued March 26, 2020 by the United States Environmental Protection Agency (EPA), which explicitly provides a vehicle for companies and facilities to avoid penalties for non-compliance…more

Coronavirus/COVID-19, Enforcement Actions, Environmental Liability, Environmental Protection Agency (EPA), Relief Measures

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Steven Puiszis

[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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Maria Quintero

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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Vaishali Rao

CFPB Publishes Filing Instructions for its New Nonbank Registry for Repeat Offenders

On August 23, the Consumer Financial Protection Bureau (CFPB) issued its Filing Instructions Guide ("Guide") for Nonbank Registration pursuant to its Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders…more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Final Rules, Financial Institutions

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Russell Reed

Medical Litigation Newsletter - October 2016

When a Defensible Claim Goes Sour: Defending Spoliation of Evidence Claims - Let us assume you have a credible defense to the negligence allegations as to the care and treatment provided by a doctor, hospital, medical…more

Affordable Care Act, Damages, Duty to Preserve, Evidence, Fiduciary Rule

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Justyna Regan, Ph.D.

Q&A: How Businesses Must Comply with a New Minnesota State Privacy Law

On May 24, 2024, Senate Bill 4757, containing a comprehensive Minnesota Consumer Data Privacy Act (MCDA), was signed into law by Minnesota Governor Tim Walz. It will take effect on July 31, 2025…more

Consumer Privacy Rights, Data Collection, Data Controller, Data Privacy, Data Processors

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Marcos Reilly

FTC Votes to Approve Rules Banning Noncompete Employment Agreements Nationwide

Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts. The…more

Competition, Employer Liability Issues, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Brent Reitter

Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act would…more

Insurance Industry, Negligence, New York, Proposed Legislation, Regulatory Agenda

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Jessica Riley

New Law May Require Texas Homeowners to Renew Homestead Exemptions

Texas property taxes and the general residential homestead exemptions have been all over the news this past year due to the passing of Proposition 4 in November 2023. This law increased the annual Texas homestead tax exemption…more

Escrow Accounts, Homeowners, Homestead Exemption, Mortgage Servicers, Property Tax

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Fernando Rivera-Maissonet

Landmark New York Court of Appeals Decision Clarifying Calculation of Statute Of Limitations in Mortgage Foreclosure Actions

The New York Court of Appeals reversed four Appellate Division decisions and decided in favor of the mortgagees in a consolidated decision issued on February 18, 2021, ruling, inter alia, that..…more

Acceleration, Debt, Discontinuance, Financial Services Industry, Foreclosure

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Vincent Rizzo

[Webinar] LGBTQ+ Employment Law Roundup - June 28th, 12:00 pm PT

Join Hinshaw and the LGBTQ+ Lawyers Association of Los Angeles as we commemorate June Pride Month with a webinar featuring practical guidance on LGBTQ+ employment and workplace issues. This one-hour CLE program will cover legal…more

Anti-Discrimination Policies, Best Practices, Continuing Legal Education, Employer Liability Issues, Employment Discrimination

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Lisa Roccanova

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to…more

Affirmative Action, Artificial Intelligence, Asbestos, Biden Administration, Biometric Information Privacy Act

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Dennis Rolstad

The LHD/ERISA Advisor - October 2020: Insurance Coverage During Involuntary Legal Holds Under California Law

Mental health patients are sometimes hospitalized under a legal hold allowing their temporary hospitalization. Medical providers seeking payments for services provided to patients subject to a legal hold argue, in both the…more

Arbitration, California, Denial of Insurance Coverage, Health Insurance, Involuntary Legal Holds

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Emilia Rubin

CFPB Publishes Filing Instructions for its New Nonbank Registry for Repeat Offenders

On August 23, the Consumer Financial Protection Bureau (CFPB) issued its Filing Instructions Guide ("Guide") for Nonbank Registration pursuant to its Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders…more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Final Rules, Financial Institutions

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John Ryan

A Surge in Illinois Genetic Information Privacy Act (GIPA) Claims Poses Threat to Employers

The Illinois Genetic Information Privacy Act (“GIPA”) was enacted in 1998, and although minimal litigation followed in the years following its enaction, we are now seeing a significant surge in litigation similar to that…more

Biometric Information Privacy Act, Employer Liability Issues, Healthcare Facilities, Hiring & Firing, Illinois

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Dawn Sallerson

Medical Litigation Newsletter - October 2016

When a Defensible Claim Goes Sour: Defending Spoliation of Evidence Claims - Let us assume you have a credible defense to the negligence allegations as to the care and treatment provided by a doctor, hospital, medical…more

Affordable Care Act, Damages, Duty to Preserve, Evidence, Fiduciary Rule

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M. Annie Santos

The LHD/ERISA Advisor: Ninth Circuit Joins Fourth Circuit in Holding that Equitable Estoppel is Barred Where Use Would Contradict Express Terms of an ERISA Plan

In Wong v. Flynn-Kerper, 999 F.3d 1205 (9th Cir. 2021), the Ninth Circuit barred the use of equitable estoppel to challenge the purchase price of company shares under an ERISA stock ownership plan when such use would contradict…more

Contract Terms, Employee Benefits, Employee Retirement Income Security Act (ERISA), Equitable Estoppel, ESOP

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Paulette Sarp

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

See all updates »

Mellissa Schafer

The 12 Days of California Labor and Employment Series – Day 12 "New Requirement for Workplace Violence Prevention Plan"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the twelfth and final day of our holiday series, my labor and…more

Cal-OSHA, California, Employee Training, Employment Policies, Enforcement

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William Schiller

A Guide to Immigration Eligibility for the Department of Homeland Security's "Parole in Place" Application

The Department of Homeland Security (DHS) has announced that on August 19, 2024, they will begin accepting applications for its new Parole in Place process, which is intended to promote family unity and stability. The Parole in…more

Department of Homeland Security (DHS), Documentation, Eligibility, Immigrants, Immigration Procedures

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Jane Schlicht

Congress Provides New Copyright Office Forum To Resolve Small Claims For Copyright Infringement

On December 27, 2020, the Copyright Alternative in Small-Claims Enforcement Act (CASE Act) was signed into law as part of the COVID-19 stimulus relief and government-funding bill. The CASE Act revises the Copyright Act, 17…more

CASE Act, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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Charles Schmadeke

Informing Illinois Newsletter - July 2018

Informing Illinois recently published two alerts. The first considered a Fourth Circuit decision that opens the way for citizen suits over point source discharges to groundwater, a decision that could impact municipalities…more

Clean Water Act, Groundwater, Pipelines, Police, Unconstitutional Condition

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Katherine Schnake

[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

See all updates »

Thomas Schrimpf

Wisconsin and Minnesota Businesses Seek Coverage for COVID-19 Business Interruption Losses in State and Federal Class Actions

Over the last week, pandemic-related insurance lawsuits have continued to be filed nationwide. Several new notable class action filings were recently submitted in Wisconsin state and federal courts that seek business…more

Breach of Contract, Business Closures, Business Interruption, Class Action, Coronavirus/COVID-19

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David Schultz

A Surge in Illinois Genetic Information Privacy Act (GIPA) Claims Poses Threat to Employers

The Illinois Genetic Information Privacy Act (“GIPA”) was enacted in 1998, and although minimal litigation followed in the years following its enaction, we are now seeing a significant surge in litigation similar to that…more

Biometric Information Privacy Act, Employer Liability Issues, Healthcare Facilities, Hiring & Firing, Illinois

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Jason Schulze

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Emerging Issues in Coverage for Cyber and Privacy Incidents - April 29th, 12:00 pm - 1:00 pm CT

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics in…more

Continuing Legal Education, Cyber Insurance, Cybersecurity, Data Breach, Data Management

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Scott Seaman

[Commentary] An Updated Primer on PFAS/Forever Chemical Claims: Regulation, Litigation, Large Losses, and Insurance Coverage Issues

Per- and poly-fluoroalkyl substances ("PFAS") represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide, and numerous large settlements have already been reached. Insurers are…more

Choice-of-Law, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Forum Selection

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Donald Seeley Jr.

Rhode Island Supreme Court Concludes that Door Hanger Left by Mortgage Servicer Prior to Foreclosure Satisfied HUD Face-to-Face Requirement

In Montaquila v. Flagstar Bank, the Rhode Island Supreme Court rejected a borrower's attempt to expand the plain language of the U.S. Department of Housing and Urban Development's (HUD) federal regulation requiring loan…more

Borrowers, Foreclosure, Lenders, Loan Servicer, Mortgage Servicers

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Jack Shadid

NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

On September 7, 2022 the National Labor Relations Board (NLRB or the Board) issued a new Proposed Rule governing joint employer status. The proposed rule seeks to change the standard for determining whether two collaborating…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Joint Employers, NLRA, NLRB

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Daniel Shatz

Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance

Scott Seaman—Chicago-based partner and co-chair of Hinshaw's Global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the…more

Attorney's Fees, Bad Faith, Contingency Fees, Deductibles, First-Party Coverage

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Han Sheng Beh

Despite Acceleration of Debt Through Prior Dismissed Foreclosure Action, Bankruptcy Petition Tolls Statute of Limitations on Subsequent Action

In Lubonty v. U.S. Bank National Association, a mortgagor sought to void a mortgage loan claiming that the six-year statute of limitations to foreclose had expired. The mortgagor had commenced multiple bankruptcy proceedings…more

Banks, Commercial Bankruptcy, Foreclosure, Loans, Mortgages

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Fernando Silva

Federal Court Blocks Illinois Equal Pay Amendment: What Employers and Staffing Agencies Need to Know

A federal court in Chicago recently granted a preliminary injunction enjoining the Illinois Department of Labor from enforcing one of several amendments made in August 2023 to the Illinois Day Labor and Temporary Labor Services…more

Employee Retirement Income Security Act (ERISA), Equal Pay, Illinois, NLRA, Preliminary Injunctions

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Mitra Singh

New York Courts Will Allow Mortgagors to Continue Submitting Hardship Declarations to Extend the Stay of Residential Foreclosures

On May 24, 2021, Chief Administrative Judge Lawrence Marks issued Administrative Order 159/21 (AO/159/21) to extend the stay of residential foreclosure actions through August 31, 2021, for cases in which the mortgagor submits a…more

Administrative Orders, Coronavirus/COVID-19, Eviction, Foreclosure, Hardship Extensions

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Gary Sonnenfeld

What Businesses Must Know About the New Federal Trade Commission Amendments on the Safeguards Rule

The recent Federal Trade Commission (FTC) amendment adds a new security breach reporting requirement to the Gramm–Leach–Bliley Act (GLBA) Safeguards Rule. The Safeguards Rule is a regulatory framework that mandates financial…more

Data Security, Federal Trade Commission (FTC), Financial Services Industry, GLBA Privacy, Gramm-Leach-Blilely Act

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Stephanie Soprani

[Event] 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 7th - 9th, Chicago, IL

Do you have plans for March 7-9? Join us at Hinshaw's 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) at The Ritz-Carlton Chicago. Register by January 27 to take advantage of the Early Bird Discount. Join us…more

Arbitration, Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events

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Evan Soyer

FAA’s Michael Whitaker Appointed Administrator Amidst Industrial & Bureaucratic Turbulence

FAA’s Michael Whitaker Appointed Administrator Amidst Industrial and Bureaucratic Turbulence - With a presidential election year on the horizon, a split Congress, and an aviation industry encumbered by labor shortages and…more

Administrative Appointments, Aviation Industry, Federal Aviation Administration (FAA), Federal Funding, Legislative Agendas

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Morgan Spector

Eleventh Circuit Rules Mandatory Meeting Prohibition of Florida's "Stop W.O.K.E. Act" Restricting Workplace Diversity Training is Unconstitutional

Earlier this month, the Eleventh Circuit affirmed the district court's preliminary order blocking enforcement of the Individual Freedom Act's provision banning mandatory workplace trainings endorsing certain viewpoints. The…more

Compliance, Constitutional Challenges, Discrimination, Diversity, Employee Training

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Todd Stelter

Consumer Financial Services Newsletter - May 2017

Southern District of California Denies Certification of Wrong Number TCPA Class - On March 28, 2017, the Southern District of California denied class certification in a case arising under the TCPA. Plaintiff alleged that…more

Article III, Debt Collectors, FDCPA, Financial Services Industry, Foreclosure Sales

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Linda Streeter

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the…more

Appeals, Arbitration, Arbitration Agreements, Arbitration Fees, Attorney Malpractice

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Hayley Sukienik

Use It or Lose It: Federal Gift and Estate Tax Exemption Set to Sunset at the End of 2025

The Tax Cuts and Jobs Act (TCJA) of 2017 nearly doubled the federal lifetime gift and estate tax exemption. In 2024, this act currently allows individuals to transfer up to $13.61 million per person and $27.22 million per…more

Estate-Tax Exemption, Gift-Tax Exemption, High Net-Worth, Income Taxes, Internal Revenue Code (IRC)

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Peter Sullivan

[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,…more

Attorney Malpractice, Continuing Legal Education, Corporate Counsel, Events, Law Firm Associates

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Timothy Sullivan

SEC Changes the Game for Private Fund Advisers – Summarizing the New "Restricted Activities Rule" and the "Preferential Treatment Rule"

In early 2022, the Securities and Exchange Commission (SEC) proposed a series of new rules and rule amendments aimed primarily at increasing transparency and protecting investors in private fund transactions. This August, the…more

Final Rules, Investment Adviser, Investors, New Amendments, New Rules

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Lauren Swanson

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but…more

Contract Terms, Employees, Employer Liability Issues, Employment Contract, Hiring & Firing

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Corey Swinick

The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees

The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis of…more

Department of Labor (DOL), Economic Realities Test, Employee Benefits, Employee Definition, Gig Economy

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Amanda Teske

U.S. Department of Labor Issued its Final Rule on Classifying Workers as Employees or Independent Contractors

Earlier this week, the United States Department of Labor (DOL) issued a "final rule" providing guidance on the proper classification of employees and independent contractors under the Fair Labor Standards Act (FLSA). The final…more

Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA), Final Rules, Independent Contractors

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C. Charles Townsend

The Texas Supreme Court Has Spoken: Mortgage Servicers May Rewind and Restart the Statute of Limitations Clock Within the Same Letter

Last week, the Texas Supreme Court answered the Fifth Circuit’s certified question as to whether simultaneous rescission and reacceleration can reset the limitations period under Texas Law by holding that “a rescission that…more

Acceleration, Compliance, Debt, Debtors, Deed of Trust

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April Toy

Wisconsin Appellate Court Enforces Limited Scope Retainer Agreement

Michael Freude v. Jeffrey M. Berzowski and Di Renzo & Bomier, LLC., No. 2023 AP 764 (Wis. App. August 7, 2024) - Brief Summary - The plaintiff sued two defendants for legal malpractice related to an allegedly time-barred…more

Appellate Courts, Attorney Communications, Attorney Malpractice, Client Representation, Slip and Fall

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Amanda Tzivas

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may authorize…more

Department of Labor (DOL), Employee Representatives, Fair Labor Standards Act (FLSA), Final Rules, Inspections

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April Villaverde

NYSDFS Issues Final Circular for Insurers on Artificial Intelligence and External Data Use

On July 11, 2024, the New York State Department of Financial Services (NYSDFS) adopted a final circular about the "Use of Artificial Intelligence ("AI") Systems and External Consumer Data and Information Sources in Insurance…more

Algorithms, Artificial Intelligence, Automation Systems, Corporate Governance, Data Use Policies

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Joshua Vincent

Illinois Civil Procedure Amendment Imposes 6% Prejudgment Interest in Personal Injury and Wrongful Death Actions

On May 28, 2021, Illinois Governor J.B. Pritzker signed an amendment to the Illinois Code of Civil Procedure, 735 ILCS 5/2-1303, that applies a 6% prejudgment interest rate on all damages awarded in personal injury and wrongful…more

Bodily Injury, Damages, Governor Pritzker, Litigation Strategies, New Legislation

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Ian Wagreich

A Guide to Immigration Eligibility for the Department of Homeland Security's "Parole in Place" Application

The Department of Homeland Security (DHS) has announced that on August 19, 2024, they will begin accepting applications for its new Parole in Place process, which is intended to promote family unity and stability. The Parole in…more

Department of Homeland Security (DHS), Documentation, Eligibility, Immigrants, Immigration Procedures

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Matthew Walsh II

Illinois Workers' Compensation Commission Notice of Emergency Amendment Regarding COVID-19

On April 13, 2020, the Illinois Workers' Compensation Commission adopted an emergency rule stating that First Responders and employees in a broad range of industries who develop COVID-19 are "rebuttably presumed" to have…more

Amended Rules, Coronavirus/COVID-19, First Responders, Infectious Diseases, Rebuttable Presumptions

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Jennifer Weller

Seventh Circuit Awards Legal Costs and Implements a Major Reduction in Plaintiff's Requested Attorneys' Fees in a FCRA and FDCPA Claim

In Paz v. Portfolio Recovery Associates, a debtor sued for violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Within a month of filing suit, the creditor invoked Rule 68 in making a formal…more

Attorney's Fees, Creditors, Debtors, Fair Credit Reporting Act (FCRA), FDCPA

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Akeela White

CFPB Revises the Supervisory Appeals Process for Financial Institutions

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) issued its revised rule addressing how financial institutions can appeal their compliance ratings or adverse material findings by the Bureau. The rule is an…more

Compliance, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry, Regulatory Oversight

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Joel Wiegert

$6 Million Phishing Loss Does not Trigger Coverage Under Crime Policies

A federal district court in Dallas, Texas has held that an insured's commercial crime policies were not triggered by a $6 million phishing loss where the insured did not "hold" the stolen funds. The case is RealPage Inc. v…more

Commercial Crime Insurance Polices, Cyber Attacks, Cyber Insurance, Cybersecurity, Phishing Scams

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Kenneth Yeadon

Whistleblowers Now Actually Have to Report to The SEC For Dodd-Frank Protection

On February 21, 2018, the U.S. Supreme Court ruled that provisions of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act that protect whistleblowers from being fired, demoted, or harassed by their employers only…more

Anti-Retaliation Provisions, Consumer Protection Act, Dodd-Frank, SCOTUS, Securities and Exchange Commission (SEC)

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Todd Young

[Webinar] LGBTQ+ Employment Law Roundup - June 23rd, 5:00 pm PT

Join Hinshaw and the LGBTQ+ Lawyers Association of Los Angeles on June 23, 2021, as we commemorate June Pride Month with a webinar featuring practical guidance on LGBTQ+ employment and workplace issues. This one-hour CLE…more

Anti-Discrimination Policies, Best Practices, Bostock v Clayton County Georgia, Civil Rights Act, Continuing Legal Education

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Sam Zabaneh

Massachusetts District Court Sides With Insurer Because of Insured’s Failure to Provide Timely Notice of the Claim

Brief Summary - The United States District Court for the District of Massachusetts held that the insured failed to comply with the notice provisions of a claims-made policy. Whether the insurer had actual notice of the claim…more

Anti-Discrimination Policies, Breach of Contract, Indemnification, Insurance Industry, Malpractice Insurance

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Bradley Zamczyk

Be Careful How, And With Whom, You Associate

Attorney associations are valuable means to reduce overhead and expenses, and provide support for sole practitioners. However, casually creating an association can give rise to issues, including increased exposure to vicarious…more

Legal Ethics, Limited Liability Company (LLC), Rules of Professional Conduct, Vicarious Liability, Young Lawyers

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Anthony Zeoli

Updated FinCEN FAQs Provide Three Important Clarifications on Reporting Obligations Under the Corporate Transparency Act (CTA)

The Corporate Transparency Act (the CTA) went into effect earlier this year, although many uncertainties about the CTA's application still remain. To help remedy those uncertainties, the Financial Crimes Enforcement Network…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Counsel, Corporate Transparency Act

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Michael Zhang

Florida Bar Advisory Opinion 24-1 Gives Green Light to Generative AI Use by Lawyers – With Four Ethical Caveats

Brief Summary - The Florida Bar has concluded that a lawyer may utilize generative artificial intelligence (AI) so long as the lawyer can reasonably guarantee compliance with the lawyer's ethical obligations…more

Artificial Intelligence, Compliance, Confidential Information, Legal Costs, Legal Ethics

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