Publications

June 18, 2013 California Appellate Court Holds That Insurer Must Provide Independent Counsel Even Where Conflict Would Not Affect Outcome of Liability
June 17, 2013 Recently Issued Final Regulations Provide Clarification on Employee Wellness Programs
June 12, 2013 Consumer & Class Action Litigation Newsletter
June 12, 2013 Guilty Plea Does Not Protect Lawyer Providing Advice Before Criminal Acts
June 12, 2013 California and Illinois Appellate Courts Uphold Contractual Statute of Limitations Provision Abrogating Delayed Discovery Rule
June 11, 2013 Broker Associated With Defunct Firm May Compel FINRA Arbitration
June 10, 2013 Medical Litigation Newsletter
June 6, 2013 Court Upholds Privilege for Discussion of Insurance Coverage Between Insured‘s Associate General Counsel and Its Board of Directors
June 5, 2013 Alleged Fiduciary Duty Breach Duplicative of Negligence Claim
June 3, 2013 Employment Practices Newsletter
May 29, 2013 Legal Malpractice Policy Covered Law Firm After Falling Victim to “Phishing Scheme”
May 29, 2013 US Department of Health and Human Services Issues Updated “Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs”
May 22, 2013 Bankruptcy Court Retained Jurisdiction Over Sale of Legal Malpractice Cause of Action
May 20, 2013 Unambiguous Pollution Exclusion Knocks Out Neighborhood Mass Tort Action
May 20, 2013 Antitrust Update: Federal Trade Commission Continues to Challenge Hospital Mergers
May 20, 2013 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
May 15, 2013 Insurance Producer Owed No Duty to Additional Insured to Notify Excess Carrier
May 15, 2013 Failure to Inform Statutory Beneficiary of Conflict May Breach Lawyer's Duty
May 15, 2013 The Amazing Disappearing “Accident” Requirement in Occurrence-Based Liability Policies
May 13, 2013 Missouri Court of Appeals Finds All-Sums Language Does Not Limit Coverage to Damage During the Policy Period
May 10, 2013 Recent U.S. Supreme Court Decision on Warrantless Blood Draws Illustrates Need for Discussion Between Health Care Providers and Law Enforcement
May 9, 2013 Florida District Court of Appeal Holds that Additional Insured Is Entitled to Separate, Independent Counsel in "Paper Conflict" With Co-Insured
May 8, 2013 Attorneys Owe Duty to Next of Kin in Wrongful Death Action
May 8, 2013 The Report Card
May 6, 2013 Consumer & Class Action Litigation Newsletter
May 6, 2013 Broker Liable for Failure to Obtain Excess Defense Cost Coverage for CCIP Program
May 3, 2013 EPA Vapor Intrusion Guidance Available for Public Comment; Obtaining NFR Letters Likely to Be More Expensive
May 2, 2013 Employment Practices Newsletter
May 1, 2013 Out-of-State Attorney Severely Criticized for Taking Unfair Advantage of Client
April 26, 2013 Lawyer Not Liable for Failure to Make a Better Argument to Avoid an Error by the Trial Court
April 10, 2013 Federal Court Holds that Hospitals Providing HMO Services to Federal Employees are Federal Contractors at the Same Time the OFCCP Appears to Increase Its Focus on Auditing Health Care Providers
April 10, 2013 Law Firm’s Continued Availability for Background Information Did Not Rekindle the Attorney-Client Relationship
April 8, 2013 Chapter 17 - Declaratory-Judgment Litigation
April 4, 2013 Consumer & Class Action Litigation Newsletter
April 3, 2013 Conflict Imputed from Client’s “Outside In-house Counsel” to Client’s Separate Litigation Defense Counsel
April 3, 2013 Insurance Agency Potentially Liable for Use of a Cost Estimator Program to Calculate Replacement Cost
April 2, 2013 OIG Fraud Alert on Physician-Owned Distributorships (PODs)
April 1, 2013 Claim Seeking Recovery of Excessive Estate Taxes Did Not Survive Death of Client
April 1, 2013 Employment Practices Newsletter
March 20, 2013 Florida Supreme Court Limits Use of Absolute Privilege as a Defense
March 14, 2013 Additional Insured Coverage Cannot Be Divorced From the Concept of Fault
March 13, 2013 Federal Court Upholds Validity of Advance Conflict Waiver by Client with In-House Counsel
March 11, 2013 USCIS Issues New Version of Form I-9 for Immediate Use
March 11, 2013 Wisconsin Attempts to Provide Transparency and Prevent Fraud From Those Seeking Compensation From Personal Injury Bankruptcy Trusts
March 6, 2013 Florida Bar Issues Proposed Advisory Opinion Regarding Cloud Computing
March 5, 2013 Illinois Supreme Court Adopts Rules Relating to the Home Foreclosure Process
March 5, 2013 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
March 4, 2013 Consumer & Class Action Litigation Newsletter
March 1, 2013 Employment Practices Newsletter
February 28, 2013 The Report Card
February 28, 2013 Agent Not Liable for Mental Distress Damages for Katrina Losses; Still Liable for Attorneys Fees and Special Damages
February 27, 2013 Legal Malpractice Claim Is Assignable in the Context of a Commercial Transaction
February 25, 2013 Court Examines the Term "For" as Used in an Exclusion in an Insurance Policy
February 21, 2013 U.S. Supreme Court Narrows Federal Jurisdiction For Malpractice Actions Arising out of Federal Patent Issues
February 20, 2013 Insurance Broker Can Be Liable to Insured Who Did Not Read the Insurance Policy
February 20, 2013 New Jersey Clarifies Permissible Scope of Transactional Work by Out-of-State Lawyers
February 19, 2013 The Omnibus Rule: Changes to HIPAA / HITECH Enforcement and Penalties
February 14, 2013 Protections, Limitations, Prohibitions and More: Important Modifications to Privacy Rule
February 13, 2013 Legal Expert Cannot Opine on Merits of Underlying Medical Malpractice Case
February 11, 2013 CFPB Adopts Mortgage Servicing Rules
February 11, 2013 New Requirements for HIPAA Notices of Privacy Practices
February 11, 2013 The Need For Lawyers to Protect Judicial Independence
February 8, 2013 A Wolf in Sheep’s Clothing Is Still a Wolf
February 6, 2013 Attorney Who Failed to Challenge Uncertainty in the Law Not Entitled to Dismissal
February 5, 2013 New HIPAA/HITECH Breach Notification Rules for Covered Entities and Business Associates
February 4, 2013 Consumer Financial Protection Bureau Adopts Loan Originator Compensation and Qualification Rules
February 4, 2013 Consumer & Class Action Litigation Newsletter
February 1, 2013 New HIPAA Requirements for Business Associates and Their Subcontractors
February 1, 2013 Employment Practices Newsletter
January 31, 2013 SEC Approves NYSE and Nasdaq Rules on Independence of Compensation Committee Members and Advisers
January 30, 2013 "Suit Within a Suit" Requires Full Jury Instructions and Lost Punitive Damages Are Not Part of Legal Malpractice Recovery
January 28, 2013 Chapter 3 - Professional Liability Claims-Made Issues
January 24, 2013 Consumer Financial Protection Bureau Adopts Ability to Repay and Qualified Mortgage Rules
January 24, 2013 HHS Modifies HIPAA Privacy, Security, Enforcement and Breach Notification Rules
January 23, 2013 Illinois Allows Excess and Umbrella Insurers to Bring Equitable Subrogation Claim Against Law Firm
January 15, 2013 The Bolsheviks Save Cézanne…in New York City
January 15, 2013 Agent Not Liable for Not Obtaining Additional Coverage
January 10, 2013 Not All Damages Are Created Equal: Statutory Damages Are Penalties, Not “Damages” Under CGL Policy
January 9, 2013 Plaintiff Failed to Establish Collectibility of Underlying Judgment
January 9, 2013 Consumer & Class Action Litigation Newsletter
January 3, 2013 Employment Practices Newsletter
January 3, 2013 American Taxpayer Relief Act of 2012 Will Be Effective January 1, 2013
January 2, 2013 Ohio Passes Landmark Asbestos Bankruptcy Trust Disclosure Law
January 2, 2013 Excess Carrier May Sue Attorneys Retained by Primary Carrier for Equitable Subrogation, But Not Legal Malpractice
December 18, 2012 Medical Litigation Newsletter
December 17, 2012 The Professional Line
December 17, 2012 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
December 14, 2012 FTC Allows Hospital to Sell Discounted Drugs to EMS Provider During Shortage
December 14, 2012 Hurricane Sandy Reveals “Silent” Insured to Homeowners; Guidelines Issued to Help Victims
December 12, 2012 Plaintiffs Failed to Establish Causation and Damages in “Settle and Sue” Type of Legal Malpractice Action
December 12, 2012 California Supreme Court Adopts Daubert Gatekeeper Role for Trial Courts
December 6, 2012 Court Affirms Contribution Rights Against Nondefending Additional Insured Carrier Based on Shifting Burden of Proof
December 6, 2012 Consumer & Class Action Litigation Newsletter
December 5, 2012 Attorney’s Admission of Error Without Insurer’s Approval Did Not Relieve Insurer of Duty to Defend In Legal Malpractice Action
December 5, 2012 Illinois Supreme Court to Consider Whether Cook County Human Rights Ordinance Authorizes Punitive Damages
December 5, 2012 Amendment to Illinois Election Code Extends Deadline for Filing Petitions
December 4, 2012 Recent False Claims Act Case Illuminates Scary Issues for Health Care In-House Counsel
December 3, 2012 Employment Practices Newsletter
November 28, 2012 D.C. Bar Clarifies Boundaries for Disclosure of Client Confidences by Discharged In-House Counsel
November 27, 2012 Estate Planning Newsletter
November 19, 2012 Civil Conspiracy Claims Still a Hard-Sell Under Illinois Law
November 16, 2012 Maximizing Your Gift Tax Benefits Before the Window of Opportunity Closes
November 14, 2012 Georgia Deems Intra-Firm Communications Regarding Potential Malpractice Privileged Under Certain Circumstances
November 13, 2012 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
November 8, 2012 Ninth Circuit Denies Class Counsel Attorney Fees Due to Conflict
November 8, 2012 OIG Releases Advisory Opinion Regarding Per Diem Fees Paid to Physicians for On-Call Coverage to Emergency Departments
November 8, 2012 Insurance Agent Not Liable for Failure to Cover Boat
November 7, 2012 Attorney’s Failure to Pursue Enforcement of Judgment Was Actual Injury That Stopped Tolling of Statute of Limitations
November 7, 2012 Consumer & Class Action Litigation Newsletter
November 7, 2012 Eleventh Circuit Rules Pollution and Fungi/Bacteria Exclusions Inapplicable to Legionella Bacteria
November 1, 2012 Employment Practices Newsletter
October 31, 2012 Duty to Defend Triggered by Allegations of Malicious Prosecution
October 31, 2012 Architect Not Liable to Unsuccessful Bidder for Tortious Interference
October 29, 2012 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
October 25, 2012 Election Day Leave for Illinois Employees
October 24, 2012 Showing of Proximate Cause Required in Transactional Legal Malpractice Claim
October 19, 2012 Chapter 7 - State Campaign Financial Disclosure
October 17, 2012 IOLTA Indemnification Provisions Trigger Attorney’s Obligation to Indemnify Bank for Underlying Litigation Expenses
October 10, 2012 SDNY Issues Conflicting Opinions Regarding Rights to Dissolved Firm Hourly-Fee Matters
October 8, 2012 Consumer & Class Action Litigation Newsletter
October 3, 2012 Law Firm Owed Various Duties Stemming From Investigation Into Insider Wrongdoing
October 3, 2012 California Insurance Agent Who Improperly Completed Insurance Application Liable to Insured
October 3, 2012 Insurance Agent's Misrepresentations at Time of Sale Binds Insurer Notwithstanding Contrary Policy Exclusion
October 2, 2012 California Supreme Court Makes Bad Faith Settlements a Bigger Challenge for Insurers
October 1, 2012 Employment Practices Newsletter
October 1, 2012 Federal Court Holds That Intentional Acts Exclusion Does Not Vitiate a Defense Obligation Under New York Law Where Intent is Not an Element of the Claim
October 1, 2012 Illinois Supreme Court to Consider Whether Punitive Damages Under the Telephone Consumer Protection Act Are Insurable
September 27, 2012 Chapter 1 - Initial Client Contact and Meetings
September 27, 2012 Chapter 10 - Insurance Coverage for Product Liability
September 27, 2012 Chapter 2 - Architectural Contracts
September 27, 2012 Chapter 2 - Practical and Ethical Considerations
September 27, 2012 Chapter 1 - Beginning the Postmortem Estate Planning Process
September 27, 2012 How to Hire, Manage, and Terminate Employees
September 27, 2012 Chapter 18 - Extra-Contractual Damages
September 26, 2012 Insurance Agent Can Be Sued by Intended Beneficiary for Negligence
September 20, 2012 SEC Proposes to Eliminate the Prohibition Against General Solicitation and Advertising in Certain Private Offerings
September 13, 2012 Court Rejects Insurer’s Arguments That Claim Was Made Prior to Policy Period and Attorney Knew of Potential Claim
September 12, 2012 Jury Holds Trade Association Responsible for Tile-Setter's Mesothelioma
September 11, 2012 7th Circuit: ADA Requires Employer to Reassign Disabled Employee to Vacant Position
September 7, 2012 Consumer & Class Action Litigation Newsletter
September 5, 2012 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
September 4, 2012 Employment Practices Newsletter
September 4, 2012 The California Supreme Court Upholds Continuous Trigger for Indemnity Claims and Extends the "All Sums" and "Stacking" Approach Where Continuous Property Damage Occurs During Periods of Several Successive Policies
August 28, 2012 Limitation of Liability Provision Upheld
August 23, 2012 Federal Court Rejects Challenge to Physician-Owned Hospital Restrictions
August 22, 2012 Lack of Involvement by Co-Counsel Did Not Preclude Liability for Malicious Prosecution
August 16, 2012 Security Company’s Ambiguous Contractual Language May Create Duty to Protect Residents Against Third Party Criminal Acts
August 15, 2012 Settlement Agreement Precluded Client From Establishing Justifiable Reliance
August 8, 2012 Chapter 16 - Attorney Liability Risk Management
August 8, 2012 Chapter 15 - The Limitation of Liability Through Business Forms
August 8, 2012 Chapter 4 - Attorney Liability to Adversaries and Other Third Parties
August 8, 2012 Chapter 6 - Litigating the Legal Malpractice Case
August 8, 2012 Chapter 7 - Breach of Fiduciary Duty
August 8, 2012 Chapter 14 - Attorney Liability Insurance
August 8, 2012 Chapter 12 - Statutes Affecting Lawyer Liability
August 8, 2012 Public Policy Precludes Nonpecuniary Damages in Legal Malpractice Case Arising out of Criminal Defense
August 6, 2012 Consumer & Class Action Litigation Newsletter
August 2, 2012 District Court Declines to Extend Business Judgment Rule to Corporate Officers
August 1, 2012 Employment Practices Newsletter
August 1, 2012 Judgment Against Law Firm, Which Included Punitive Damages, Affirmed
August 1, 2012 Missouri Supreme Court Strikes Down Non-Economic Caps in Medical Negligence Cases
July 25, 2012 Supreme Court of Louisiana Upholds Use of Arbitration Clauses in Retainer Agreements
July 23, 2012 Damages Sought Under the Telephone Consumer Protection Act (TCPA) Are Uninsurable as Punitive Damages Under Illinois Law
July 19, 2012 Listing Standards for Compensation Committees
July 18, 2012 Pennsylvania Court Prohibits Commercial Assignments of Legal Malpractice Claims
July 18, 2012 Alaska Settles HIPAA Security Case for $1.7 Million; HHS Reinforces Need for Adequate Policies and Procedures for the Safeguarding of ePHI
July 17, 2012 Florida Trial Court Erred in Not Allowing Evidence of Plaintiff’s Asbestos Exposure in Tobacco Case
July 11, 2012 Client Did Not Sustain “Actual Injury” Until Court Ruled on Trust Documents
July 10, 2012 Continuous Representation Doctrine Not Necessarily Limited to Attorney-Client Relationship
July 5, 2012 Court Correctly Applied Subjective Test to Determine Whether Coverage Was Barred as Nonaccidental
July 5, 2012 FRB, FDIC and OCC Issue Proposals Revising Bank Regulatory Capital Requirements and the Risk-Weighted Asset Rules
July 5, 2012 FRB, FDIC and OCC Issue Proposals that Would Revise Bank Regulatory Capital Requirements and the Risk-Weighted Asset Rules
July 3, 2012 Law Firm Could Compel Arbitration of Claims Despite Being Nonparties to Arbitration Agreement
July 2, 2012 Employment Practices Newsletter
July 2, 2012 Medical Litigation Newsletter
July 2, 2012 IRS Issues Notice of Proposed Regulations on New Federal Tax Exemption Requirements for Hospitals
June 29, 2012 U.S. House Committee Moves Forward Asbestos Bankruptcy Trust Disclosure Law
June 28, 2012 Consumer & Class Action Litigation Newsletter
June 25, 2012 Florida Trial Court Erred in Applying Second Restatement of Torts Instead of Third Restatement of Torts in Asbestos Case
June 20, 2012 Insured Not Prohibited From Having a Public Adjuster Present During Examination Under Oath
June 18, 2012 Ninth Circuit Panel Finds Duty to Settle Where No Demand Made
June 14, 2012 Illinois Governor Patrick Quinn Signs Tax Exemption and Tax Credit Legislation Affecting Hospitals
June 13, 2012 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
June 7, 2012 Settlement of Underlying Case Does Not Preclude Malpractice Action
June 5, 2012 Insured Cannot Bring Common Law Claim for Breach of the Implied Warranty of Good Faith and Fair Dealing Separate and Apart From Claim for Statutory Bad Faith
June 5, 2012 Consumer & Class Action Litigation Newsletter
June 4, 2012 Employment Practices Newsletter
June 1, 2012 Profile of Dan Boho — “Enjoying the Human Element of Defense Litigation"
May 31, 2012 Illinois Asbestos Plaintiff Barred From Suing His Former Employer in Tort
May 31, 2012 Federal Circuit Holds That Federal Court Has Exclusive Jurisdiction Over Legal Malpractice Claim Arising out of Patent Prosecution
May 31, 2012 Illinois Supreme Court to Consider Whether Illinois Has Jurisdiction Over a French Component Part Manufacturer
May 24, 2012 Second Circuit Affirms Sanctions Against Law Firm Entity Under Section 1927
May 24, 2012 Personal Jurisdiction in the Wake of J. McIntyre Machinery, Ltd. v. Nicastro: Your Product Ending Up There Is Not Enough
May 23, 2012 JOBS Act—SEC Guidance on Scaled Disclosure and Other EGC Issues
May 16, 2012 CMS Issues Two Final Rules Modifying Hospital Conditions of Participation and Updating Other Provisions
May 16, 2012 Failure to Demand a Jury is Too Speculative to Support Legal Malpractice Claims
May 15, 2012 Chapter 7 - Pleadings
May 11, 2012 7th Circuit Holds That "Called Party" Means Current Subscriber of Cell Phone When Determining "Consent" Under the TCPA
May 9, 2012 Consumer & Class Action Litigation Newsletter
May 9, 2012 Ninth Circuit Rejects Selective Waiver of Attorney-Client Privilege
May 8, 2012 Arizona Law Limits Asbestos Successor Corporation Liability
May 7, 2012 Lateral Attorney Movement: Pre-Departure and Recruitment
May 3, 2012 JOBS Act – SEC Guidance on Scaled Disclosure and Other Emerging Growth Company Issues
May 1, 2012 Chapter 8 - Organizing & Advising a Small Business
May 1, 2012 Employment Practices Newsletter
April 25, 2012 Plaintiff Not Required to Present Expert Testimony Pertaining to Reasonableness of Attorneys’ Fees Incurred
April 24, 2012 Central District of Illinois Bankruptcy Rulings Present New Challenges to Perfection of Security Interests
April 19, 2012 U.S. District Court Issues Precedent-Setting Chapter 15 Bankruptcy Holding
April 18, 2012 Jumpstart Our Business Startups Act (JOBS Act) — Confidential Submission Process for Emerging Growth Companies
April 18, 2012 Minnesota District Court Finds Jurisdiction Over Ohio Lawyer
April 17, 2012 JOBS Act - Changes in Registration Thresholds
April 17, 2012 Seventh Circuit Offers a "More Perspicuous Formula" for Interpreting the Pollution Exclusion
April 11, 2012 HIPAA Privacy and Security HITECH Act Enforcement Actions Begin
April 11, 2012 Ninth Circuit Reverses Sanctions for Failure to Consider Willfulness, Fault or Bad Faith
April 5, 2012 Congress Passes JOBS Act in Effort to Make Raising Capital Easier
April 5, 2012 Consumer & Class Action Litigation Newsletter
April 4, 2012 Bankruptcy Court Authorizes Destruction of Client Files
April 2, 2012 Employment Practices Newsletter
March 28, 2012 California Federal Court Holds Buyer and Seller Protected by Common Interest Privilege
March 23, 2012 Supreme Court Rips Clean Water Act
March 22, 2012 Ohio Federal Court Allows Insurer to Sue Defense Counsel
March 19, 2012 Court Effects Contraction of Contract Claims and Expansion of Economic Loss Doctrine
March 19, 2012 Medical Litigation Newsletter
March 14, 2012 Illinois Appellate Court Rejects Fiduciary Duty Exception to Attorney-Client Privilege
March 13, 2012 $22.6 Million Award Based on Claims Administrator’s Failure to Make a Timely and Reasonable Settlement Offer
March 12, 2012 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
March 7, 2012 Second Circuit Strikes Down Two Aspects of New York’s Attorney Advertising Rule
March 7, 2012 Broker Had No Duty to Monitor Solvency of Insurance Company After Policy Issued
March 6, 2012 Consumer & Class Action Litigation Newsletter
March 6, 2012 CMS Issues Proposed Rules on Reporting and Returning of Overpayments Under Medicare
March 5, 2012 Do's and Don'ts of Lateral Attorney Movement: Managing the Risks
March 1, 2012 Illinois Healthcare Providers See Conflict Between New State Law and HIPAA Privacy Rule
March 1, 2012 Employment Practices Newsletter
February 29, 2012 Montana Supreme Court Disqualifies Law Firm Based on Lateral Lawyer’s Concurrent Conflict
February 29, 2012 Securities Rules for Private Equity Financings
February 29, 2012 Securities Rules for Private Equity Financings
February 28, 2012 Supervision by Unapproved Physicians Sufficient to Find Violation of False Claims Act
February 28, 2012 SEC Exempts Restricted Stock Units From Exchange Act Registration
February 22, 2012 New York Appellate Court Adopts Zubulake, Imposes Spoliation Sanctions
February 21, 2012 CMS Announces No Change to EMTALA Obligations Toward Hospital Inpatients
February 15, 2012 Production of All Reports Prepared on Insurer’s Behalf Unduly Burdensome
February 15, 2012 Mississippi Appellate Court Upholds Standing of Excess Insurer To Sue Defense Counsel
February 8, 2012 In Criminal Malpractice Context, Accrual Occurs When Indictment Was Dismissed
February 8, 2012 Insurer’s Duty to Defend Continues Until All Arguably-Covered Claims Against the Insured Have Been Extinguished With Finality
February 8, 2012 Fireman’s Rule Upheld to Bar Liability Against Security Company
February 6, 2012 Consumer & Class Action Litigation Newsletter
February 3, 2012 New Mandate on Coverage for Contraceptives: Strategies for Organizations
February 2, 2012 Employment Practices Newsletter
February 1, 2012 Florida Supreme Court Finds That Insurer’s Engineer and Professional Geologists Are Not Presumed Correct
February 1, 2012 Despite Supreme Court’s Critical Language, Expert Testimony in Legal Malpractice Case Required on Standard of Care
January 30, 2012 Insurer’s Duty to Defend Triggered by TCPA Claim Even Though Fax Recipient Was a Corporation
January 27, 2012 Illinois Supreme Court to Consider Whether a Court-Appointed Psychological Evaluator Is Immune From Suit
January 26, 2012 Federal Court Has Exclusive Jurisdiction Over Legal Malpractice Action Arising Out of Patent Infringement Claim
January 25, 2012 Second Reservation of Rights Letter Was Not Needed
January 23, 2012 HHS Adopts HIPAA Standards for Electronic Funds Transfers
January 19, 2012 A Clearly Drafted Engagement Letter Can Limit the Scope of Attorney’s Duties
January 17, 2012 California Supreme Court Finds That Equipment Manufacturers Are Not Liable in Negligence or Strict Liability for Component Parts Manufactured by Third Party
January 11, 2012 Attorney Who Signed Settlement Agreement Not Liable for Its Breach
January 11, 2012 Consumer & Class Action Litigation Newsletter
January 10, 2012 Excess Carrier Obligated to Provide Coverage Notwithstanding Bankrupt Insured’s Inability to Pay Underlying Retained Limit
January 5, 2012 Plaintiffs’ Contributory Negligence in Failing to Read Leases Precludes Malpractice Claim
January 5, 2012 Ohio Bill Requires Trust Disclosure by Plaintiffs to Inject Transparency in Asbestos Litigation
January 4, 2012 Florida’s Third DCA Grants Directed Verdict for Insurer on Issue of Finality of a Claim Payment
January 4, 2012 More Than 3,000 Illinois Small Sources Get Air Permit Break From the State
January 3, 2012 Employment Practices Newsletter
December 29, 2011 SEC Revises Net Worth Standard for Accredited Investors
December 28, 2011 Congress (Hopefully) Moving to Make Raising Capital Easier
December 23, 2011 Medical Litigation Newsletter
December 21, 2011 Second Circuit Allows Undisclosed Ghostwriting
December 20, 2011 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
December 15, 2011 Florida Court Holds That Paid Appraisal Award Cannot Be Confirmed
December 14, 2011 Louisiana Law Does Not Require an Appeal of an Adverse Judgment Before Filing Malpractice Action, But Expert Testimony Required
December 13, 2011 Estate Planning Newsletter
December 12, 2011 Boho Advocates for Chicago Business
December 12, 2011 The Professional Line
December 9, 2011 The Report Card
December 6, 2011 Consumer & Class Action Litigation Alert
December 5, 2011 Illinois Supreme Court Shifts The Playing Field For Non-Compete Agreements
December 2, 2011 Illinois Supreme Court to Consider Whether State Court Has Jurisdiction Over Legal Malpractice Case Involving Patent Law
December 1, 2011 Employment Practices Newsletter
November 30, 2011 Attorney Owed No Duty to Plaintiffs as Intended Third-Party Beneficiaries
November 21, 2011 SEC, Nasdaq and NYSE Toughen Oversight of Reverse Mergers
November 16, 2011 New York Law Office Requirement Held Unconstitutional
November 16, 2011 The Report Card
November 10, 2011 Federal Circuit Upholds Advance Conflict Waiver in Joint Defense Agreement
November 7, 2011 Insurance Coverage Denial Proper Where Insured Did Not Comply With His Policy's Post-Lost Duties
November 7, 2011 Minnesota Recognizes Claim Against Insurance Agent for Negligent Failure to Procure Insurance
November 3, 2011 Employment Practices Newsletter
November 3, 2011 Nevada Supreme Court Adopts Disqualification Rule for Use of Information From Anonymous Source
November 2, 2011 Consumer & Class Action Litigation Alert
November 2, 2011 No Coverage for Insurance Agent’s Claim Against His Agency for Failure to Procure Coverage
October 26, 2011 Firm’s Agreement With Opposing Party Creates Unconsentable Conflict
October 26, 2011 CMS Posts Accountable Care Organization Final Rule
October 18, 2011 SEC, Nasdaq and NYSE Increasing Oversight of Reverse Mergers
October 13, 2011 Lawyers May Influence Their Clients’ Communications With Represented Parties
October 12, 2011 Missouri Court Holds That State’s Workers’ Compensation Law Not Exclusive Remedy for Occupational Diseases
October 6, 2011 The America Invents Act Affects Patent Litigation, Too!
October 4, 2011 Employment Practices Newsletter
October 4, 2011 Consumer & Class Action Litigation Alert
September 30, 2011 Medical Litigation Newsletter
September 30, 2011 SEC Proxy Access Proposals Are Effective
September 30, 2011 The Report Card
September 28, 2011 Plaintiff’s Malpractice Suit Placed Attorney-Client Communications With Subsequent Counsel “At Issue” and Plaintiff Thus Waived Privilege
September 28, 2011 Accountant May Owe Duty of Care to Client’s Creditors
September 27, 2011 New Business Opportunity for Health Care Providers: The Medicare Bundled Payments for Care Improvement Initiative
September 27, 2011 Chapter 16 - Condominium Litigation
September 22, 2011 N.Y. Appellate Court Holds Statute of Limitations Started Running When Architect’s Services Ended
September 21, 2011 Illinois Medical Studies Act Requires Hospital to Disclose Number of MRSA Infections
September 21, 2011 Summary Judgment to Insurer Based on Breach of Notice and Cooperation Clauses
September 19, 2011 Minnesota Federal Court Finds TCPA Violation Is Covered “Advertising Injury”
September 16, 2011 The Contract Does Not Always Protect the Alarm Company
September 15, 2011 U.S. EPA’s Proposed Recycling Rules Change Will Affect Numerous Manufacturing and Scrap Processing Companies
September 14, 2011 ABA Provides Guidance for Warning Clients About the Risks of Electronic Attorney-Client Communications
September 7, 2011 ABA Provides Guidance for Ethical and Legal Duties When Employer’s Lawyer Obtains Employee’s E-mails With the Employee’s Lawyer
September 7, 2011 Illinois Court Extends Evidentiary Lifeline to Accounting Firm Accused of Negligence
September 2, 2011 Consumer & Class Action Litigation Alert
September 1, 2011 Employment Practices Newsletter
August 31, 2011 ABA Provides Guidance for Permissible Changes to Attorney Fee Agreements During Representation
August 31, 2011 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
August 31, 2011 National Labor Relations Board Identifies New Test for Assessing Bargaining Units in Non-Acute Care Facilities
August 26, 2011 USEPA Considers Troublesome New Air Quality Standards for Ozone
August 25, 2011 Illinois Supreme Court Upholds Trial De Novo Provision in UIM Policy
August 25, 2011 Significant Changes Coming to Top-Level Domains
August 24, 2011 Illinois State Court Has Jurisdiction of Legal Malpractice Claim Arising Out of Patent Matter
August 18, 2011 Litigation Privilege Does Not Shield Attorney and Client Who Make Allegedly Defamatory Statements to News Reporters
August 16, 2011 Delaware Joins Trend of States Rejecting “Take Home” Asbestos Claims
August 11, 2011 Indiana Supreme Court Provides Guidance on Ethics Rules for Out-of-State Attorney Advertising
August 4, 2011 Court Holds That Manifestation Trigger Is Date That Property Damage Became Discoverable
August 3, 2011 Consumer & Class Action Litigation Alert
August 2, 2011 Defendants Chalk up Another Victory on Take-Home Asbestos Exposure in Illinois
August 1, 2011 Employment Practices Newsletter
July 28, 2011 Federal Circuit Has Exclusive Jurisdiction of Appeal of Claim Arising Out of Patent Matter
July 26, 2011 Legal Malpractice Claim Arising Out of Patent Matter Dismissed for Lack of Jurisdiction
July 26, 2011 FDIC Rules Designed to Claw Back Executive Compensation in Receivership Situations
July 26, 2011 The Report Card
July 26, 2011 Florida Courts Rejecting Prejudice as a Matter of Law in Certain Late Notice Cases
July 22, 2011 Medical Litigation Newsletter
July 22, 2011 Wisconsin Supreme Court Clarifies What Types of Health Care Facilities Qualify for Property Tax Exemption
July 21, 2011 Entry of Final Summary Judgment Will Terminate Ability to Accept Pending Proposal for Settlement
July 21, 2011 SEC Whistleblower Rule Excludes Money Awards to Attorneys and Others Violating Attorney-Client Privilege and Confidentiality
July 20, 2011 Florida Insurer Found Not Guilty of Bad Faith Caused by Insured’s Counsel
July 14, 2011 Notice of Claim to Insurer by Claimants Is Insufficient, But Estoppel Precludes Summary Judgment
July 12, 2011 Attorney Representation Concludes When Client No Longer Has Reasonable Expectation of Representation
July 12, 2011 Wisconsin Holds Breach of Contract Claim Not Prerequisite for First-Party Bad Faith Claim
July 11, 2011 Retroactive Application of Florida’s Asbestos and Silica Compensation Fairness Act Held Unconstitutional
July 11, 2011 Employment Practices Newsletter
July 7, 2011 The Report Card
July 7, 2011 Ohio Court of Appeals Affirms Parol Evidence Rule As Applied to Engagement Letters for Attorneys
July 5, 2011 Consumer & Class Action Litigation Alert
July 1, 2011 Handling Referrals
June 30, 2011 Pennsylvania Supreme Court to Address Admissibility of Scientific Testimony in Toxic Tort Cases
June 28, 2011 Court Orders Production of “Judicial Hellhole” Public Relations Proposal
June 28, 2011 Illinois Six-Year Statute of Repose Commenced on Date of Injury, Not on Date of Client’s Death, and Claim Was Thus Time-Barred
June 28, 2011 Accountable Care Organization Waivers
June 24, 2011 U.S. Supreme Court Maintains Clear and Convincing Evidence Standard of Proof for Patent Invalidity
June 24, 2011 NLRB and DOL Propose Changes to Ease Union Organizing
June 23, 2011 Doctrine of In Pari Delicto Did Not Bar Trustee’s Claims
June 22, 2011 Wisconsin Rejects Medical Monitoring Requests, Holds Toxic Tort Claims Cannot Arise out of Increased Risk of Cancer
June 21, 2011 U.S. Supreme Court Puts Carbon Dioxide Control Issues in EPA’s Hands
June 21, 2011 New York Court Finds Exclusion for Bodily Injury to an Insured Who Benefits From the Coverage to Be Ambiguous
June 21, 2011 U.S. Supreme Court Insulates Advisers, Including Lawyers, From Rule 10b-5 Liability for Statements Made by Companies
June 20, 2011 Supreme Court Rejects Massive Class Action Against Wal-Mart
June 17, 2011 Starting The Statute Of Limitations Clock In California Becomes More Difficult In Certain Toxic Tort Cases
June 16, 2011 California Supreme Court Holds Attorney Can Be Sued for Civic Efforts Against Former Client’s Interests
June 16, 2011 Florida Insureds Relieved From Participating in Appraisal Where Not Notified of Mediation Process
June 16, 2011 U.S. Supreme Court Raises Knowledge Bar For Inducing Patent Infringement
June 14, 2011 Eleventh Circuit Holds Insurer’s Protectable Interest Protects Insurer From Slander and Tortious Interference Claims
June 10, 2011 Consumer & Class Action Litigation Alert
June 8, 2011 Summary of Workers’ Compensation Reform (HB1698)
June 7, 2011 Doctrine of In Pari Delicto Did Not Bar Trustee’s Claims
June 7, 2011 June 30th Plan Amendment Deadline for Cafeteria Plans Is Quickly Approaching
June 7, 2011 Multiple Claim Notices Not Required Under Massachusetts Payment Bond Statute
June 2, 2011 Continuous Representation May Toll the Statute of Limitations in Washington
June 2, 2011 Federal Circuit Reins in Patent Inequitable Conduct Law
June 1, 2011 Employment Practices Newsletter
May 31, 2011 The Professional Line
May 31, 2011 Modification of Protective Orders to Permit Disclosure of Confidential Materials Must Satisfy Three-Prong Test
May 27, 2011 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
May 26, 2011 Negligent Misrepresentation Does Not Apply to Prospective Client’s Negligence Lawsuit
May 24, 2011 Medicare Shared Savings Program
May 23, 2011 Small Business Lending Fund (SBLF) Terms for Subchapter S Corporations and Mutuals
May 23, 2011 U.S. District Court Finds that the Factual Origin of an Injury—Not the Theory of Liability—Controls the Coverage Analysis
May 19, 2011 Accountable Care Organization Data Sharing
May 19, 2011 For Statute of Repose to Be Tolled, Attorney Must Make Affirmative Misrepresentations
May 17, 2011 New York Bar Blesses Agreement for In-House Lawyer Imposing Post-Employment Confidentiality Obligations
May 16, 2011 Paying Policy Limits to Resolve a Covered Claim for One But Not Both Liable Insureds Acceptable in Texas
May 12, 2011 In-House, Out-of-State Licensed Counsel Must Register to Practice in New York State
May 11, 2011 Accountable Care Organization Application Requirements
May 10, 2011 Changes Affecting Hospital and Critical Access Hospital Medicare Conditions of Participation Governing Telemedicine Credentialing and Privileging
May 10, 2011 Attorney-to-Client Communications Categorically Protected in Pennsylvania
May 9, 2011 Bank Not Liable to Architects Under “Instrumentality” Theory for Defaulted Developer’s Nonpayment of Fees
May 5, 2011 Accountable Care Organization Overview
May 5, 2011 North Carolina Bar Opinion Advises Firms to Run Conflicts Checks for Newly Hired Law School Graduates
May 5, 2011 Consumer & Class Action Litigation Alert
May 4, 2011 Insurance Agents Liable for Submitting Application With Incorrect Information That Client Signed Without Reading
May 3, 2011 Employment Practices Newsletter
May 1, 2011 Electronics and Consent: Where has all the Privacy Gone?
April 28, 2011 California Federal Court Allows Screening of Conflicted Lawyer
April 21, 2011 Architect Potentially Liable to Indemnify Owner for Electrical Subcontractor’s Negligence
April 21, 2011 Oregon Bar Issues Formal Opinion on Ethics Issues Arising in Mentoring Relationships and Use of LISTSERVs
April 19, 2011 Framework Retainer Agreement Does Not Perpetually Bind Law Firm for Purposes of Current Client Conflicts
April 19, 2011 Wisconsin Modifies Toxic Tort Litigation Law
April 18, 2011 Supreme Court Tightens Section 1983 Liability for Failure to Train
April 14, 2011 Third Circuit Applies Stoneridge, Denies Class Certification to Securities Fraud Claims Against Law Firm
April 12, 2011 FDCPA Does Not Apply to Misleading Communications Directed at Judge
April 7, 2011 Materials Testing Company Owed No Duty to Concrete Subcontractor
April 7, 2011 Attorney Who Engaged in Criminal Conduct to Exonerate Client Not Immune as a “Law Enforcement Officer”
April 7, 2011 Consumer & Class Action Litigation Alert
April 5, 2011 Law Firm Violated FDCPA Relying on Client Information; Committed Malicious Prosecution by Not Acting on Client Information
April 4, 2011 Medical Litigation Newsletter
April 4, 2011 Civility: The Ultimate Legal Weapon?
April 1, 2011 Illinois Supreme Court Rules Common Fund Doctrine Does Not Apply to Health Care Services Lien Act
April 1, 2011 Recent Amendments Significantly Enhance the Power and Reach of the False Claims Act
April 1, 2011 Georgia Supreme Court Determines Subcontractor’s “Faulty Workmanship” Constitutes Occurrence Under CGL Policy
April 1, 2011 Employment Practices Newsletter
March 31, 2011 Companies Doing Any Business in Wisconsin Subject to New Law Regulating Automatic Renewal Clauses in Business Contracts
March 30, 2011 California Malicious Prosecution Claim Against Attorneys Governed by One-Year Malpractice Statute of Limitations
March 28, 2011 FDIC Proposes Rules to Clawback Executive Compensation
March 28, 2011 Architect Who Provided Limited Construction Management Services Had Duty to Injured Guests Based on Foreseeability
March 28, 2011 Claims-Made E&O Policy’s Prior Knowledge Condition Applies Despite Insured’s Subjective Belief That Unasserted Claim Could Be Successfully Defended
March 23, 2011 Florida Supreme Court Upholds Attorney-Client Privilege in Bad Faith Claims
March 23, 2011 Supreme Court Holds FLSA Anti-Retaliation Provision Protects Oral Complaints
March 22, 2011 Mechanics’ Liens Now Available to Design Professionals in Massachusetts
March 22, 2011 Expert Declaration Containing Conclusory Assertions Not Sufficient to Sustain Legal Malpractice Action
March 17, 2011 Law Firm’s Internal Loss Prevention Communications Are Privileged From Discovery by Client
March 15, 2011 Accounting Malpractice Claim Time-Barred By Two-Year Statute of Limitations
March 15, 2011 Indiana Supreme Court Determines Subcontractor’s “Faulty Workmanship” Constitutes Occurrence Under CGL Policy
March 10, 2011 Florida Appellate Court Addresses Preconditions to Triggering of Insurance Policy’s Appraisal Clause
March 10, 2011 Supreme Court Broadens First Amendment Protection Against State Tort Claims
March 10, 2011 Internal Law Firm E-mail Is Privileged From Discovery by Client in Securities Litigation
March 8, 2011 IP: Developments in Evaluation of Nominative Fair Use in Domain Names
March 8, 2011 Mediation Confidentiality Statutes Include All Evidence of Discussions Immediately Preceding, During and After Mediation
March 7, 2011 “Loss of Use” Property Damage Does Not Mean Permanent Loss
March 7, 2011 Court Rejects Argument That Home Inspection Form Contract Was Contrary to Public Policy and Unconscionable
March 4, 2011 Eleventh Circuit Affirms Insurers’ Denial Under Voluntary Payments and “Roofing Operations” Exclusions
March 4, 2011 Employment Practices Newsletter
March 3, 2011 Ninth Circuit Rejects Attorney-Client Privilege and Work Product Protection for Tax Appraisal File
March 2, 2011 Lawyer-Client Relationship – Panelists Explore Ins and Outs Of Well-Drafted Engagement Letters
March 2, 2011 Private Firm – Panel Finds That Meaning of ‘Partner' Varies According to Reason for Asking
March 1, 2011 Consumer & Class Action Litigation Alert
March 1, 2011 Court Balances Contract Law Principles With Legal Ethics in Fee-Sharing Case
March 1, 2011 Without Fear or Favor In 2011
February 28, 2011 Wisconsin’s Health Care Quality Improvement Act Broadens Protections for Health Care Providers
February 25, 2011 Implied Indemnity Claims in Medical Negligence Cases Governed by 735 ILCS 5/13-212(a)
February 25, 2011 Lawyers' Professional Liability Update
February 23, 2011 Resolving Condominium Disputes by Mediation: What Property Managers Need to Know
February 23, 2011 NY Appellate Court Manages Litigation Issues Stemming From Pilfered E-Mails
February 22, 2011 IP: Lanham Act Extended for Trademark Infringement Occurring in Foreign Nations
February 21, 2011 Price Fixing and Enforcement of the Antitrust Laws in the Dairy Industry
February 17, 2011 Bills on Deck to Usher in School District Consolidation in Illinois
February 15, 2011 Experienced Patent Lawyer Unqualified to Testify Regarding Standard of Care and Causation
February 15, 2011 Products Liability Bulletin
February 15, 2011 Proposed Rules on Incentive-Based Compensation Arrangements
February 14, 2011 Second Circuit "Punts" on Question of Whether Insurer Is Estopped From Disclaiming Coverage Based on Issuance of Certificate of Insurance
February 12, 2011 GINA - We Hardly Know You Yet
February 10, 2011 Texas Lawyers May Reveal Corporate Client’s Fraud to Client’s Creditors
February 10, 2011 Proposed Rules on Incentive-Based Compensation Arrangements
February 9, 2011 Consumer & Class Action Litigation Alert
February 8, 2011 IP: The Trend to End “Shortcuts” in IP Litigation
February 8, 2011 Manifestation Trigger in Florida: Discovery or Discoverable?
February 8, 2011 Fifth Circuit Strikes Certain Rules Governing Attorney Advertising in Louisiana
February 7, 2011 Employment Practices Newsletter
February 7, 2011 Directors and Officers: The Role of Motive in Defining the Line Between Good Faith and Bad
February 4, 2011 Federal Government “Clarifies” When Health Care Providers and Insurers Need an Affirmative Action Plan
February 1, 2011 Restrictive Covenants In Physician Employment Agreements
February 1, 2011 Regulatory Issues in Financial Institution Executive Compensation
January 31, 2011 The Professional Line
January 31, 2011 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
January 27, 2011 California Court of Appeal Holds Privilege Waived When Employee E-Mails Attorney on Employer’s System
January 26, 2011 Client’s E-Mails and Blog Postings Regarding Conversations With Counsel Waive Attorney-Client Privilege
January 26, 2011 Illinois Rule Restricting Medicaid Reimbursement for Hospital Off-Site Outpatient Department Services May Be Relaxed
January 20, 2011 Attorney Who Refers Matter For a Fee Has Duty to Act if Receiving Lawyer Commits Misconduct
January 20, 2011 Hospital Liability Alert
January 18, 2011 Prosecutors’ Use of Undercover Informant Armed With False Subpoena Does Not Violate No-Contact Rule
January 18, 2011 Illinois Reinstates Illinois Estate Tax and Separate QTIP Marital Trust Election in 2011
January 12, 2011 Federal Court Addresses Minnesota's Insurance Standard of Conduct Statute
January 11, 2011 Federal Judge Sets Aside Magistrate’s Controversial Corporate Attorney-Client Privilege Ruling
January 6, 2011 Consumer & Class Action Litigation Alert
January 6, 2011 Colorado Bar Differentiates Online Directories From Lawyer Referral Services
January 5, 2011 Small Business Lending Fund Terms and Application Process
January 4, 2011 Health Care Providers Are Exempt From the Red Flags Rule
January 4, 2011 Government Cracking Down on Agreements Between Competitors Not to Solicit Each Other's Employees
January 3, 2011 Employment Practices Newsletter
January 1, 2011 Chapter 6 - Corporate Operating and Maintenance Issues
December 28, 2010 Lawyers' Professional Liability Update
December 27, 2010 Wisconsin Department of Health Services Releases Final Implementation Plan for Wisconsin’s Health Care Transparency Law
December 22, 2010 Twenty-Seven Months Not Sufficient Delay for Late Notice Where Insurer Deemed to Have Actual Notice of Underlying Lawsuit
December 22, 2010 FTC Issues Rule Governing Mortgage Relief Providers; Includes Lawyer Exemption
December 21, 2010 Medical Litigation Newsletter
December 21, 2010 Estate Planning Alert
December 20, 2010 Wisconsin Department of Health Services Issues New Guidance on the Preparation of Consumer Reports Required Under the New Health Care Transparency Law
December 15, 2010 Insurance Agent Not Liable for Negligent Misrepresentations
December 15, 2010 Future Conflict Requires Knowledge of Specific Adversity or Particular Clients Who May Be Involved
December 14, 2010 U.S. District Court Applies Manifestation Trigger in Coverage Dispute Regarding Chinese Drywall
December 10, 2010 Trucking Company MCS-90 Endorsement Does Not Apply When Truck Not Involved in Transportation of Property
December 10, 2010 Estate Planning Newsletter
December 10, 2010 Co-Management Re-emerges as a Hospital-Physician Integration Option
December 9, 2010 Professional Lines Alert
December 7, 2010 Factors Relevant to Resolution of Multiple Claims in Excess of Limits
December 2, 2010 Consumer & Class Action Litigation Alert
December 2, 2010 Ninth Circuit Allows Immediate Appeal of Third-Party Discovery Order Involving Privilege
December 2, 2010 Professional Lines Alert
December 1, 2010 Employment Practices Alert
November 30, 2010 Attorney Cannot Recover From Former Client for Loss of Future Fees
November 30, 2010 Insurer Not Entitled to Reimbursement of Defense Expenses Despite Reservation of Rights on the Issue
November 24, 2010 Changes in Temporary FDIC Insurance Coverage for Transaction Accounts
November 23, 2010 Insurance Coverage Alert
November 23, 2010 Careful Prior Consideration of Conflicts Issue Assists in Avoiding Discipline
November 23, 2010 Lawyers' Professional Liability Update
November 19, 2010 California Court of Appeals Accepts Trial Court's Refusal to Give "Sophisticated Purchaser Defense" Instruction to Jury on Failure to Warn
November 19, 2010 Products Liability Bulletin
November 18, 2010 Work Product Protection Applies to Plaintiff’s Testing Data in Patent Dispute
November 16, 2010 New York High Court Declines to Broaden Liability of Third-Party Professionals for Client Fraud
November 16, 2010 Insurance Coverage Alert
November 10, 2010 New York Bar Allows Online Storage of Confidential Client Information With Third Parties
November 9, 2010 Insurance Coverage Alert
November 4, 2010 Insurance Coverage Alert
November 4, 2010 California Court Strikes Malicious Prosecution Claim Based on Anti-SLAPP Motion
November 3, 2010 Consumer & Class Action Litigation Alert
November 2, 2010 DOJ Challenges Insurer’s Use of “Most Favored Nations” Clauses with Hospital Providers
November 2, 2010 Ohio Supreme Court Recognizes Self-Protection Exception to Attorney-Client Privilege
November 1, 2010 Employment Practices Alert
November 1, 2010 The Report Card
October 29, 2010 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
October 29, 2010 Lawyers' Professional Liability Update
October 28, 2010 ABA Formal Opinion Emphasizes the Duty of Confidentiality in Responding to Ineffective Assistance of Counsel Claims
October 27, 2010 Alarm & Security Services Industry Alert
October 21, 2010 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
October 20, 2010 2011 OIG Work Plan Targets New Risk Areas for Hospitals
October 19, 2010 ABA Issues Guidance on Ethical Issues Related to Lawyer Websites
October 18, 2010 Professional Lines Alert
October 18, 2010 Insurance Coverage Alert
October 14, 2010 No Privilege for In-House Counsel Communications in Europe’s High Court
October 14, 2010 Securities Rules for Private Equity Financings
October 7, 2010 Federal Court Recognizes Several Legally Cognizable Injuries Resulting From Firm’s Conflict of Interest
October 7, 2010 Insurance Coverage Alert
October 6, 2010 Insurance Coverage Alert
October 4, 2010 Consumer & Class Action Litigation Alert
October 1, 2010 Employment Practices Alert
September 30, 2010 Screening of Nonlawyer Employees Requires Formal Institutionalized Measures in Texas
September 30, 2010 Lawyers' Professional Liability Update
September 29, 2010 Medical Litigation Newsletter
September 28, 2010 Eighth Circuit Invalidates Fee-Splitting Agreement Based on Technical Violations of Ethical Rule
September 24, 2010 CMS Publishes Stark Self-Disclosure Protocol
September 23, 2010 Pennsylvania Redefines Summary Judgment Standard in Asbestos Litigation by Allowing Cases to Proceed Even When Other Medical Causes Are Present
September 23, 2010 Uniform Bar Examination Gains Traction With Important Backing
September 21, 2010 Ethical Rule Does Not Alter Unconscionability Analysis As to Fee Arrangement
September 21, 2010 New Durable Medical Equipment, Prosthetics, Orthotics and Supplier Standards May Require Operational Changes
September 16, 2010 Loss of Chance Doctrine May Apply to Legal Malpractice
September 15, 2010 New Federal Sentencing Guidelines Requirements for an Effective Compliance Program
September 14, 2010 The Professional Line
September 14, 2010 D.C. Circuit Clarifies Scope of Work-Product Protection
September 9, 2010 Attorney Cannot Agree to Arbitrate Without Client Consent
September 8, 2010 Medical Litigation Alert
September 8, 2010 Illinois EPA Now Regulates Uncontaminated Soil Used as Fill
September 7, 2010 Lawyer Avoids Malpractice Liability by Expressly Limiting Scope of Representation
September 2, 2010 Newly Adopted ABA Model Rule 1.15 Offers Guidance to Client Trust Account Maintenance, Brings Lawyers Into Updated Technological Practices
September 1, 2010 Employment Practices Alert
August 31, 2010 Ninth Circuit Holds Lawyer Has Duty to Investigate Source of Legal Fees to Avoid Constructive Trust
August 27, 2010 Second Circuit Adopts Factors for Assessing Corporate Affiliate Conflict of Interest
August 27, 2010 Professional Lines Alert
August 25, 2010 California Bar Recommends Adoption of a Conflicts Imputation Rule But Rejects a Related Screening Rule
August 19, 2010 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management (Abridged Version)
August 19, 2010 Sharing Documents With Litigation Financing Companies Waives Privilege for Those Documents
August 19, 2010 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management (Long Version)
August 17, 2010 California Statute Modifies Limitations Period for Certain Malpractice Claims Against Criminal Lawyers
August 16, 2010 Products Liability Bulletin
August 13, 2010 Federal Court Lacks Jurisdiction Over Legal Malpractice Claim Arising From Labor Negotiations
August 10, 2010 Contingent Fee Agreement Does Not Compensate Lawyer for Defense Against Potential Counterclaims
August 10, 2010 Professional Lines Alert
August 9, 2010 California Employment Alert
August 6, 2010 Ninth Circuit Holds That Legal Malpractice Claim May Arise From Activity Protected by Anti-SLAPP
August 5, 2010 Achieving “Meaningful Use” for Electronic Health Records and Financial Incentive Payments
August 3, 2010 Court Disqualifies Firm, Despite Screening of Conflicted Lawyer, Because of Firm's Size
August 2, 2010 Employment Practices Alert
July 29, 2010 Lawyers' Professional Liability Update
July 28, 2010 California Employment Alert
July 28, 2010 Ninth Circuit Sanctions Lawyers in High-Profile Case
July 28, 2010 Professional Lines Alert
July 23, 2010 Ninth Circuit Adopts Two New Attorney-Client Privilege Standards for Corporate Counsel
July 22, 2010 A New Approach to Law Firm Regulation
July 20, 2010 Court Strikes Down Budget Provision Authorizing Injured Patients and Families Compensation Fund Raid
July 20, 2010 In-House Attorney Not Protected by Whistleblower Statute Because Reporting Wrongdoing Was Part of His Job Duties
July 19, 2010 Health Care Reform Law Changes Medicare GME for Hospitals and Allows GME Payments for FQHCs and RHCs
July 13, 2010 Parent Company’s Rejection of “One-Entity” Clause in Retainer Did Not Create Attorney-Client Relationship With Subsidiaries
July 9, 2010 California Proposes Green Chemistry Regulations for Public Comment
July 8, 2010 No Attorney-Client Privilege for Corporation That Failed to Confirm In-House Attorney’s Licensure Status
July 6, 2010 ABA Allows Mediators to Draft Divorce Settlement Agreements With Appropriate Party Consent
July 1, 2010 Employment Practices Alert
July 1, 2010 Firm That Prosecuted Competing Patents Subject to Breach of Fiduciary Duty Claim, But Not to Conversion Claim
June 29, 2010 New York Relaxes Privity Rule for Personal Representative’s Legal Malpractice Claims
June 29, 2010 Ohio Supreme Court Bars All Tort Liability Against Ohio Premises Owners Where the Asbestos Exposure Did Not Occur at the Owner’s Property
June 25, 2010 News from IPLSA
June 24, 2010 New Jersey Supreme Court Rejects Two Potential Bars to Legal Malpractice Cause of Action
June 24, 2010 Federal Court Enforces Exculpatory Clause in Residential Alarm Contract Even Though Alarm Company Was Likely Negligent
June 23, 2010 Lawyers' Professional Liability Update
June 22, 2010 Arizona Enforces Hurdles for Multi-jurisdictional Practice
June 21, 2010 Illinois Appellate Court Finds a Duty is Owed by Employer in Take-Home Asbestos Exposure Cases
June 18, 2010 Supreme Court Approves Amendments to Federal Rule of Civil Procedure 26 Limiting Discovery of Expert Witnesses
June 18, 2010 Employment Practices Alert
June 15, 2010 Federal Circuit Lays Out Test for When Lawyer’s Access to Opposing Party’s Confidential Information May Be Used to Limit the Scope of Attorney’s Representation
June 10, 2010 New Jersey Supreme Court Elaborates on Meaning of “Substantially Related Matters” Under Former-Client Conflicts Rule
June 8, 2010 Maine Supreme Court Requires Party Seeking Law Firm Disqualification to Demonstrate Particular, Actual Prejudice From Alleged Ethical Violations
June 8, 2010 HHS Issues Draft Application for New Early Retiree Reimbursement Program
June 3, 2010 FTC Delays Enforcement of Red Flags Rule Until December 31, 2010
June 2, 2010 Wisconsin Changes Laws Regulating Physicians
June 1, 2010 Employment Practices Alert
May 27, 2010 Lawyers' Professional Liability Update
May 27, 2010 Montana Supreme Court Finds Due Process Violation in Lawyer Disciplinary Proceeding
May 26, 2010 Illinois Supreme Court Reverses Holding on Forfeited Setoff Claim in Thorton v. Garcini
May 26, 2010 Medical Litigation Alert
May 26, 2010 Important Changes Made to Wisconsin’s Health Care Records Law
May 25, 2010 Iowa Supreme Court Uses Equitable Power to Enjoin an Out-of-State Attorney Practicing Federal Law Under MJP Rules in Iowa, for Violations of the Iowa Ethics Rules
May 24, 2010 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
May 24, 2010 Wisconsin Sets Statutory Fee Schedules for Copies of Health Care Records
May 20, 2010 Patient Protection and Affordable Care Act Introduces Numerous Programs Focused on Quality and Delivery of Health Care
May 20, 2010 Federal Circuit Reverses $4.4 Million Sanctions Award Against Patent Infringement Plaintiffs and Law Firm
May 18, 2010 The Impact of Health Care Reform on Medicare Advantage Plans and Medicare Prescription Drug Plans
May 18, 2010 Client May Vacate Default Judgment Caused by Lawyer’s Neglect Even Though Lawyer Was In-House Counsel
May 18, 2010 Products Liability Bulletin
May 17, 2010 Alarm & Security Services Industry Alert
May 13, 2010 Contract Lawyer’s Conflicts of Interest Not Necessarily Imputed to Firm According to D.C. Bar
May 11, 2010 Federal District Court Strikes Down Texas Criminal Restrictions on Professional Solicitations
May 6, 2010 Illinois Supreme Court Holds That Ethical Rule Prohibiting Communication With a Represented Party Is Limited to the Same Matter, Regardless of Whether the Matters Are Factually Related
May 6, 2010 Health Care Reform Introduces Array of Cost Containment Measures
May 4, 2010 Trio of Recent Decisions Address Lawyer Mobility
May 3, 2010 Employment Practices Alert
April 30, 2010 Lawyers' Professional Liability Update
April 29, 2010 Health Care Reform to Reduce Medicare DSH Payments
April 29, 2010 U.S. Supreme Court Strictly Limits Enhancements of Attorney Fee Awards Above Lodestar Amounts
April 27, 2010 U.S. Supreme Court Holds That the Bona Fide Error Defense in the Fair Debt Collection Practices Act Does Not Include Mistakes of Law
April 27, 2010 Health Care Reform Increases Physician Transparency and Disclosure Requirements
April 26, 2010 USEPA Hits Home Builder With $1 Million Penalty for Permitting and Storm Water Runoff Violations
April 26, 2010 Wisconsin to Collect Assesments From Critical Access Hospitals, Use Funds for Rural Health Care Programs
April 26, 2010 Health Care Reform: What Employers Need to Know Now
April 22, 2010 State Appeals Court Adopts U.S. Supreme Court’s Recent Mohawk Industries Holding: Privilege Ruling Not Subject to Interlocutory Appellate Review
April 20, 2010 Health Care Reform Increases Federal Tax Exemption Requirements for Hospitals
April 19, 2010 The Impact of Health Care Reform on Community Health Centers
April 15, 2010 The Professional Line
April 15, 2010 Health Care Reform Includes Initiatives to Promote Clinical Integration
April 15, 2010 Second Circuit Splits on Authority of Magistrate Judge to Impose Rule 11 Sanctions Absent Consent of the Parties
April 14, 2010 Health Care Reform Law Amends Many Existing Anti-Fraud Statutes, Increasing Need for Effective Compliance Programs
April 9, 2010 Health Care Reform: Health Insurance Exchanges and Private Insurance
April 9, 2010 Wisconsin Creates Statutory Presumption That Billing Statements and Invoices Reflect the Reasonable Value of Reasonably Necessary Health Care Services
April 7, 2010 An Eagle’s Eye View of the Health Care Reform Legislation
April 1, 2010 Employment Practices Alert
April 1, 2010 Court Rejects a Mandatory Disqualification Rule for a Law Firm’s Current-Client Conflict of Interest, and Denies Motion to Disqualify the Firm
March 31, 2010 Ninth Circuit Reverses Prior Decision Based on a Subsequent Statutory Charge and Holds That Lawyer Cannot Discharge in Bankruptcy the Costs Owed to Bar Assessed in Disciplinary Proceeding
March 25, 2010 Expert Witness Work Leads to Conflict of Interest, Imputed Disqualification
March 24, 2010 Lawyers' Professional Liability Update
March 24, 2010 Joint Commission Releases Revised Medical Staff Bylaws Standard
March 23, 2010 California Employment Alert
March 23, 2010 Pennsylvania Supreme Court Splits on Rationale for Subject Matter Waiver; Avoids Decision on Scope of Privilege for In-House Counsel-to-Client Communication
March 23, 2010 Wisconsin Allows Cooperative Associations to Expand Health Care Services
March 23, 2010 Medical Litigation Newsletter
March 19, 2010 Illinois Supreme Court Denies Property Tax Exemption for Provena Covenant
March 18, 2010 Second Circuit Strikes Down Certain of New York's Attorney Advertising Rules; Upholds 30-Day Solicitation Moratorium in Personal Injury and Wrongful Death Matters
March 16, 2010 U.S. Supreme Court Weighs in on Applicability of 2005 Bankruptcy Law to Attorneys' Advice and Advertising
March 10, 2010 "Health Care Transparency Bill" Signed into Law in Wisconsin
March 9, 2010 South Carolina Attorney Ad Tests Bounds of Advertising Rule
March 1, 2010 Employment Practices Alert
February 26, 2010 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
February 25, 2010 City of New York Bar Issues Formal Opinion That Jointly Represented Clients May Not Waive the Right to Approve Aggregate Settlements
February 25, 2010 Alarm & Security Services Industry Alert
February 24, 2010 Lawyers' Professional Liability Update
February 23, 2010 Statutes of Repose Do Not Shorten Bankruptcy Trustee’s Period to Pursue Legal Malpractice
February 23, 2010 Intellectual Property Update: Current Issues and Practical Advice for Businesses
February 22, 2010 State Legislatures Continue Their Attack on Banning the Use of Bisphenol A (BPA) in Baby Bottles and Containers
February 18, 2010 New Jersey Supreme Court Sets Clear Conditions That Would Allow a Company to Pay Attorney Fees for Employees Who Are Targets and Potential Witnesses in a Grand Jury Proceeding
February 17, 2010 SEC Issues Guidance Regarding Disclosures Related to Climate Change
February 16, 2010 California Class Action Lawyers Must Help Class Members Enforce Judgment
February 12, 2010 Wisconsin Expands Scope of Volunteer Health Care Provider Program
February 9, 2010 February 17, 2010, Deadline for Implementing HIPAA Privacy Rule Amendments and HIPAA Business Associate Compliance
February 8, 2010 Lawyers May Solicit Lay Organizations to Lecture on Legal Topics, But Limits Apply
February 8, 2010 Alabama State Senate Attempts to Expand Causes of Action for Exposures to Toxic Substances
February 5, 2010 DEA Approval Necessary to Act on Recent Amendments to Illinois Law Granting APNs and PAs the Authority to Prescribe Schedule II Controlled Substances
February 4, 2010 New Rules Increase Reporting Obligations and Access to the National Practitioner Data Bank
February 4, 2010 Discharged Firm May Still Collect Contingency Fee
February 4, 2010 Illinois Supreme Court Declares Statutory Limits on the Recovery of Non-Economic Damages Unconstitutional
February 2, 2010 SEC Issues Staff Guidance on Required Climate Change Disclosures
February 2, 2010 Narrow Interpretation of Spoliation of Evidence Tort Offset By Potential Ethical, Criminal and Other Civil Liability
February 1, 2010 Employment Practices Alert
February 1, 2010 Products Liability Bulletin
January 29, 2010 Lawyers' Professional Liability Update
January 28, 2010 Joint Defense Agreements Give Rise to Unique Conflicts and Imputation Issues
January 27, 2010 California Employment Alert
January 27, 2010 Congress Allows Temporary Repeal of Federal Estate Tax — Immediate Review of Estate Planning Documents Critical
January 26, 2010 FSA Lenders Not Subject to State UPL Laws
January 21, 2010 FTC Lacks Authority to Regulate Lawyers Under the Fair and Accurate Credit Transactions Act
January 19, 2010 CMS and ONC Issue Regulations Defining "Meaningful Use” of EHR Technology
January 12, 2010 Lawyer Suspended for Representing Ward and Conservator
January 11, 2010 EPA Proposes More Restrictive Ozone Standards
January 7, 2010 RAC Implementation Beginning January 10, 2010
January 4, 2010 Employment Practices Alert
December 30, 2009 SEC Adopts Amendments to Proxy Disclosure Rules
December 29, 2009 Senate's Failure to Address Repeal of the Federal Estate Tax Will Make for Difficult Tax Planning in 2010
December 22, 2009 Transportation Law Update
December 22, 2009 Second Circuit Limits Use of Witness-Advocate Rule for Disqualification
December 21, 2009 Medical Malpractice Newsletter
December 21, 2009 Class Action Lawsuits by Commercial Loan Customers Involving a Challenge to the Calculation of Interest Using the “Bank Basis” Method
December 21, 2009 Lawyers' Professional Liability Update
December 17, 2009 D.C. Court Holds "Earned On Receipt" Fees Unreasonable
December 15, 2009 Attorney Who Represented Feuding Family Members Gets Six-Month Suspension
December 15, 2009 EPA Issues New Rule Mandating Stormwater Discharge Monitoring and Soil Stabilization by Construction Site Owners and Operators
December 9, 2009 Estate Planning Newsletter
December 1, 2009 Lawyers' Professional Liability Update
December 1, 2009 Employment Practices Alert
December 1, 2009 The Report Card
December 1, 2009 Pennsylvania Supreme Court Allows Certain Asbestos Plaintiffs Two Apparent Bites at the Apple Against New Defendants
November 30, 2009 Florida Lawyers' Malpractice & Ethics Update
November 25, 2009 Appellate Court Reverses Largest Florida Asbestos Verdict
November 23, 2009 The Other Edge of the Sword: The Employee Free Choice Act
November 23, 2009 FDIC Adopts Final Rule Requiring Institutions to Prepay More Than Three Years of Assessments
November 18, 2009 Intellectual Property Update: Current Issues and Practical Advice for Businesses
November 18, 2009 Financial Regulators Issue Commercial Real Estate Workout Guidance
November 10, 2009 FTC Delays Enforcement of Red Flags Rule Until June 1, 2010
November 9, 2009 CMS Revisits Physician Supervision Requirements for Hospital Outpatient Departments
November 6, 2009 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
November 5, 2009 Attorney-Client Privilege Trumps Company’s Email Policy
November 4, 2009 EPA to Intensify Its Enforcement of the Clean Water Act
November 3, 2009 Products Liability Bulletin
November 3, 2009 Lawyer Barred From Contacting Members of Conditionally Certified Class Who Were Represented By Other Counsel
November 2, 2009 Employment Practices Alert
October 30, 2009 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
October 30, 2009 Lawyers' Professional Liability Update
October 29, 2009 Attorney Liens Have Priority Over Medical Liens
October 27, 2009 New Law Regarding the Disposal of Pharmaceuticals Will Impact Illinois Healthcare Providers
October 27, 2009 Insurer Cannot Necessarily Deny Coverage if Attorney Ignores Malpractice Claim
October 22, 2009 Courts Are Hearing Common Law Nuisance Actions on Climate Change
October 20, 2009 Firm Can Represent Both Executor and Beneficiary of Will
October 20, 2009 Employer Held Liable for Single Failure to Accommodate, Despite Consistent Prior Accommodations
October 19, 2009 Appeals Court Creates Anticipated Showdown in the California Supreme Court on Replacement Parts Liability
October 15, 2009 Oregon State Bar Proposes Rule Change for Reciprocity Admission
October 13, 2009 Illinois Adopts Unauthorized Practice of Law and Multijurisdictional Rule That Carves Safe Haven for Foreign Lawyers
October 12, 2009 Illinois Passes Act Allowing “Convenience Deposit Accounts”
October 8, 2009 Intentional Wrongdoer Can’t Sue for Legal Malpractice
October 1, 2009 Employment Practices Alert
September 25, 2009 Illinois Medical Practice Act of 1987 Amended to Allow Third Parties to Contract With Physicians and Bill and Collect on a Percentage Basis
September 24, 2009 Attorney May Send Unsolicited Informational Messages Under TCPA
September 24, 2009 Illinois Now Allows Separate QTIP Marital Trust Election in 2009
September 23, 2009 The Report Card
September 22, 2009 Sales Records Enough to Create a Fact Question in the State of Washington
September 22, 2009 Washington Attorney Disbarred Following Guilty Plea Based on Failure to Report Receipt of $20,000 in Cash
September 17, 2009 Maine Court Addresses, But Does Not Resolve, Conflict Between Privilege and Privacy Policies
September 15, 2009 Federal Circuit Adopts High Particularity Standard for Inequitable Conduct Pleadings
September 10, 2009 Scope of “At Issue” Waiver of Attorney-Client Privilege is Limited
September 10, 2009 An Annotated Lawyers Professional Liability Policy
September 8, 2009 HIPAA Covered Entities and Business Associates Must Give Notification of Disclosure of Unsecured Protected Health Information Due to Security Breaches
September 8, 2009 Class Counsel Do Not Automatically Owe a Heightened Duty to Less Capable Class Members
September 3, 2009 Law Firm Cannot Be Directly Liable for Malpractice and Can Only Be Vicariously Liable if One of its Principals or Associates is Liable
September 2, 2009 Final Amended Rule Extending Transaction Account Guarantee Program
September 1, 2009 Lawyers' Professional Liability Update
September 1, 2009 Employment Practices Alert
September 1, 2009 Client’s Failure to Pursue Alternative Forum Does Not Excuse Attorney Negligence
August 27, 2009 Medical Malpractice Newsletter
August 27, 2009 Attorney Sanctioned for Moving for Sanctions
August 26, 2009 Lawyers' Professional Liability Update
August 26, 2009 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
August 25, 2009 Illinois Hospitals Must Satisfy New Requirements on Peer Review and Summary Suspension of Clinical Privileges
August 25, 2009 Law Firm Which Represented Limited Partnership Does Not Owe Fiduciary Duties to Limited Partners
August 19, 2009 Counseling Clients in Financial Distress
August 19, 2009 Transportation Law Update
August 17, 2009 California Employment Alert
August 6, 2009 Washington Appeals Court Solidifies Law on No Duty to Warn for Another’s Insulation
August 3, 2009 Products Liability Bulletin
August 3, 2009 Employment Practices Alert
July 28, 2009 Lawyers' Professional Liability Update
July 21, 2009 Kentucky Overhauls Ethical Rules
July 20, 2009 'Textual Harassment' on the Rise
July 16, 2009 Citizenship of Contract Partner Irrelevant for Diversity Jurisdiction
July 16, 2009 Texas Supreme Court Now Requires Trial Court to Detail Its Reasons for Granting a New Trial
July 16, 2009 Hinshaw School Law Alert
July 14, 2009 Right to Attorney Fees May Be Waived in Settlement
July 9, 2009 The Professional Line
July 9, 2009 The Ninth Circuit Holds That the Bankruptcy Court Has Inherent Authority to Suspend a Lawyer
July 7, 2009 Firm May Assign Right to Collect Client's Unpaid Fees
July 1, 2009 Employment Practices Alert
July 1, 2009 Enterprise Risk Management Handbook
July 1, 2009 Insurer May Sue Insured's Attorney in Florida
July 1, 2009 Amended Illinois Health Facilities Planning Act Goes into Effect July 1, 2009, and is Effective for 10 Years
June 25, 2009 Arbitrators May Have Inherent Powers That Go Beyond Expressly Conferred Powers
June 24, 2009 Treasury Issues Interim Final Rule on Executive Compensation Limits for TARP Recipients
June 23, 2009 Lawyers' Professional Liability Update
June 23, 2009 Court Denies Prevailing Party Fees Due to Client's and Lawyer's Lack of Collegiality
June 18, 2009 Oklahoma Passes Significant Tort Reform Legislation
June 18, 2009 Illinois Rule Restricting Medicaid Reimbursement for Hospital Outpatient Services Preempted by Federal Law
June 17, 2009 Illinois Appellate Court Washes Away Household Exposure Claims
June 16, 2009 The Challenge of Carbon Dioxide Regulation and Limitation - Some Advice on Complying With Regulations
June 16, 2009 Court Declines to Meddle With Fee Sharing Agreement Despite Unequal Sharing of Workload
June 11, 2009 Agreement on Dollar Amount Alone Not Enough for Binding Malpractice Settlement
June 10, 2009 LGBT Issues Reach Center State
June 9, 2009 Law Firm Not Liable for 10(B) Violation Under Stoneridge
June 4, 2009 Changes to False Claims Act to Put Medicare Providers Under Scrutiny
June 4, 2009 Settlement of Class Action Approved Despite Multiple Client Conflicts
June 2, 2009 Law Firm's Malpractice Policy Rescinded Due to Partner's Material Misrepresentation
June 1, 2009 Employment Practices Alert
May 28, 2009 Medical Malpractice Newsletter
May 28, 2009 Court Construes Work Product Broadly, Attorney-Client Privilege Narrowly
May 28, 2009 Hospital May Compensate On-Call Physicians Who Provide Services to Uninsured Patients
May 27, 2009 Lawyers' Professional Liability Update
May 26, 2009 Florida Lawyers' Malpractice & Ethics Update
May 19, 2009 Intellectual Property Update: Current Issues and Practical Advice for Businesses
May 19, 2009 Transportation Law Update
May 18, 2009 Recognizing and Avoiding Family Limited Partnership Flops
May 14, 2009 Wisconsin Supreme Court Renders Landmark Decision on the Availability of Insurance Coverage for Long-Term Toxic Exposure Cases
May 8, 2009 Plaintiff Loses Legal Malpractice Claim By Assignment of Majority of Proceeds to Third Party
May 4, 2009 U.S. Supreme Court Provides Help for Superfund Defendants Seeking Divisibility of Liability and Useful Product Defenses
May 4, 2009 Products Liability Bulletin
May 1, 2009 Employment Practices Alert
May 1, 2009 Section 1983 File Handling Checklist
May 1, 2009 FTC Announces Delay in Enforcement of the New Red Flags Rule
April 28, 2009 In a Legal Malpractice Case, Attorney Negligence Cannot Be Found in a Hearing on an Evidentiary Motion
April 21, 2009 The Lawyers' Lawyer Newsletter ― Recent Developments in Risk Management
April 20, 2009 The NLRA and Non-Union Employers
April 17, 2009 EPA Finds Carbon Dioxide a Threat to Human Health and the Environment
April 16, 2009 California Employment Alert
April 16, 2009 Nolan v. Weil-McLain, Docket No. 103137, April 16, 2009 (Illinois Supreme Court) - Was it Worth the Wait: Yes, If You Have a Sole Proximate Cause Defense
April 16, 2009 Lawyer Who Drafted Long Term Contract May Owe Long Term Duty
April 15, 2009 Lawyer Who Never Talks to a Client Still May Owe Duty of Confidentiality
April 8, 2009 Supreme Court Permits Arbitration for Statutory Discrimination Claims
April 7, 2009 Client Allowed to Sue Lawyer for Malpractice Under a Breach of Contract Theory
April 7, 2009 Federal Court Orders Professional Liability Insurer to Defend Lawyer in Sanctions Motion
April 6, 2009 USCIS Announces New Requirements for TARP Funding Recipients' Hiring of H-1B Foreign Workers
April 2, 2009 No Legal Malpractice Claim for Clients Who Should Have Looked at Attorney's Work
April 1, 2009 Employment Practices Alert
March 31, 2009 Joining Legal Malpractice Claim With Underlying Claim Does Not Guarantee Collateral Estoppel
March 27, 2009 SEIU and California Nurses Association Join Forces
March 24, 2009 Insurance Insider
March 24, 2009 Law Firm Not Liable for Malpractice Because Mistake Did Not Cause Lower Damages Award
March 20, 2009 Federal Reserve Board Delays Implementation of Tier 1 Calculation Limits for Trust Preferred Securities
March 19, 2009 Attorney Stripped of Entire Fee for Overcharge of Client
March 19, 2009 Internal Procedures Face E-Discovery Too
March 17, 2009 Utah Clarifies and Tightens Up Statute of Limitations' Tolling Provision for Toxic Tort Claims
March 17, 2009 New Jersey Supreme Court Orders Redraft of RPC 7.1 to Address Super Lawyer/Best Lawyers Issues
March 16, 2009 Wisconsin 2009 Senate Bill 108 Seeks to Limit Mandatory Overtime and On-Call Hours Required of Health Care Workers
March 12, 2009 EPA Proposes Important Greenhouse Gas Reporting Rules
March 12, 2009 Ninth Circuit Declines to Follow California Definition of Unauthorized Practice of Law
March 11, 2009 Lawyers' Professional Liability Update
March 10, 2009 Former Law Firm Associate May Sue Firm for Discrimination
March 10, 2009 Health Care Identity Theft Prevention Programs and Red Flags Rules Compliance
March 6, 2009 Illinois Hospital Uninsured Patient Discount Act – SB 2380
March 5, 2009 ABA Discusses Ethical Issues Related to Law Firm In-House Counsel
March 4, 2009 Intellectual Property Update: Current Issues and Practical Advice for Businesses
March 3, 2009 The Dance of the Porcupines: Defense Under a Reservation of Rights in Florida
March 3, 2009 Bankrupt Lawyer Need Not Pay Restitution as Part of Disciplinary Sanction
March 3, 2009 Summary of Proposed Amendments to Illinois Health Facilities Planning Act
March 2, 2009 IRS Releases Final Report on Tax-Exempt Hospital Study
March 2, 2009 Employment Practices Alert
February 27, 2009 Lawyers' Professional Liability Update
February 26, 2009 Immunity for First Amendment Rights to Petition, Speak, Associate or Otherwise Participate in Government
February 26, 2009 Lawyer Disbarred By State Based Primarily on Federal Court Sanctions
February 26, 2009 Ohio Property Owners Immune From All Secondhand Asbestos Exposure Cases
February 26, 2009 Economic Stimulus Package Includes Incentives for Use of Health Information Technology
February 26, 2009 The Report Card
February 25, 2009 Sixth Circuit Finds Asbestos Bystander Exposure Was Not Foreseeable Under Kentucky Law
February 25, 2009 Stimulus Bill Calls for Changes to HIPAA
February 24, 2009 Insurance Insider
February 24, 2009 Economic Stimulus Bill Provisions Increased Medicaid Funding to the States
February 24, 2009 Dropping a Client Can Be More Complicated When Lawyers Switch Firms
February 23, 2009 Stimulus Act Requires Immediate Action to Implement COBRA Subsidy for Group Health Plans
February 23, 2009 2009 Nonmonetary Compensation to Physicians Under Stark
February 19, 2009 Court Reduces Attorney Fee Despite Skillful Representation
February 18, 2009 Stimulus Act Expands Executive Compensation Limits for TARP Recipients
February 17, 2009 Lawyer Allowed to Practice Despite Felony Guilty Plea
February 17, 2009 Medical Malpractice Newsletter
February 13, 2009 Kentucky Bill Seeks to Tighten Requirements for Filing and Maintaining Civil Actions Arising from Exposure to Silica and Mixed-Dust
February 12, 2009 Eighth Circuit Applies Minnesota Supreme Court's Third Party Standing Requirement for Legal Malpractice
February 10, 2009 Lawyer is Not Liable for Breach of Fiduciary Duty When Client’s Independent Settlement of Third-Party Litigation Also Releases Lawyer From Liability; There is No Business “Transaction” With the Client
February 10, 2009 New FMLA Regulations Now Effective, Require Action
February 6, 2009 Consumer Product Safety Improvement Act
February 5, 2009 Products Liability Bulletin
February 3, 2009 Insurance Insider
February 2, 2009 Employment Practices Alert
January 29, 2009 Oregon Court Holds That Landlord/Tenant Disputants Have No Enhanced Right to Attorney Fee Awards
January 27, 2009 Ninth Circuit Holds That SEC Can Use Civil Investigation to Tee Up Criminal Investigation
January 26, 2009 Illinois House Bill Attempts to Sidestep Lipke Asbestos Law
January 23, 2009 USEPA May (or May Not) Have Revised its Policy on the Aggregation of Air Emission Changes Resulting from Multiple Changes
January 22, 2009 Line of Credit Interest Charges May Be Recouped from Clients
January 20, 2009 Amendments to Treasury Executive Compensation Rules for Those Participating in the Capital Purchase Program
January 20, 2009 Update of Treasury Executive Compensation Rules for Those Participating in the Capital Purchase Program
January 16, 2009 Update on the Joint Commission’s Standards Improvement Initiative (SII)
January 16, 2009 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
January 15, 2009 Customer’s Intellectual Property Concerns in Software Transactions
January 15, 2009 Pesticide Application Residues Now Need EPA Water Permits if Residues Reach Waters of the United States
January 15, 2009 U.S. Treasury Department Announces TARP Capital Purchase Program for S Corps
January 15, 2009 Plaintiffs Bring Suit and Try the Texas Two-Step in a Texas Federal Court Against Various Welding Rod Manufacturers
January 13, 2009 Intellectual Property Update: Current Issues and Practical Advice for Businesses
January 12, 2009 Employment Practices Special Alert
January 8, 2009 Law Firm Not Required to Inform Its Insurer of Potential Liability Based on Client’s Misconduct
January 7, 2009 Welding Rod Industry Scores Another Big Defense Win on the Warnings Issue
January 6, 2009 Transportation Law Alert
January 6, 2009 Employment Practices Special Alert
January 2, 2009 Employment Practices Alert
January 2, 2009 Florida Lawyers' Malpractice & Ethics Update
January 1, 2009 Lawyers' Professional Liability Update
December 18, 2008 Washington Lawyers May Use Availability Retainers and Fixed Fees
December 17, 2008 Advisory Opinion 08-21 Continues OIG’s Pattern of Acceptance in Cost-Savings Arrangements
December 17, 2008 Many Illinois NFR Applicants Will Soon Need Vapor Intrusion Analysis
December 16, 2008 California Court Reverses Juvenile Court’s Order of Disqualification and Clarifies the Application of Disqualification Rules to Public Law Firms
December 15, 2008 Employment Practices Special Alert
December 15, 2008 California Employment Alert
December 11, 2008 Disciplinary Cost Assessment Not Dischargeable in Bankruptcy
December 10, 2008 Overview of the Family and Medical Leave Act 2008 Amendments
December 10, 2008 Health Care Sector Targeted for 2009 EPA Study of Pharmaceutical Disposal Practices
December 9, 2008 Disclosure Pursuant to Coercive Federal Investigation Does Not Waive Privilege
December 5, 2008 CMS More Closely Aligns Medicaid and Medicare Definitions of Outpatient Hospital Services
December 5, 2008 New Illinois Law Provides Tool for Environmental Enforcement in Private Land Context
December 4, 2008 New York Appellate Court Rejects Breach of Fiduciary Duty Claim Against Law Firm That Worked for Client’s Competitor
December 3, 2008 Estate Planning Newsletter
December 2, 2008 Final Rule on Temporary Liquidity Guarantee Program
December 2, 2008 California Court Upholds Attorney’s Use of Interpleader to Avoid Conversion Claim, Upholds Dismissal of Legal Malpractice Claim on Grounds That Claimed Damages Were Speculative and Upholds Contingent Fee Awards Against Claims of Illegality
December 1, 2008 Employment Practices Alert
December 1, 2008 Lawyers' Professional Liability Update
December 1, 2008 The Professional Line
November 26, 2008 Non-Public Company and Bank Deadline for Filing an Application to Participate in the Capital Purchase Program; Charter Amendments for Preferred
November 25, 2008 Illinois Supreme Court Issues Long-Awaited Decision in Ready v. United / Goedecke Services, Inc.
November 20, 2008 Judge Prohibits Defense Firm’s Representation of All of Defendant’s Former Employees
November 19, 2008 U.S. Treasury Department Announces TARP Capital Purchase Program for Non-Public Companies
November 18, 2008 Anti-Markup Rule Provisions Revised
November 18, 2008 Offensive Collateral Estoppel May Be Used Against Attorneys in Bar Proceedings
November 18, 2008 Blog Now, Pay Later – Legal Issues Concerning Social Networking Sites
November 13, 2008 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
November 13, 2008 New Jersey Shareholders Can Sue Corporate Outside Counsel for Malpractice Despite Settling Underlying Matter
November 11, 2008 New Jersey Loosens Restrictions on In-House Counsel
November 11, 2008 Applications for Treasury Capital Purchase Program Due Friday, Nov. 14, 2008
November 7, 2008 Treasury Issues Regulations for Debt Guarantee Program and Transaction Account Guarantee Program — Deadline Extension
November 6, 2008 Cases in Disagreement as to Proper Forum for Legal Malpractice Cases Arising From Intellectual Property Matters
November 5, 2008 Products Liability Bulletin
November 4, 2008 Denial of Fee Disgorgement Held Appropriate Exercise of Discretion Where Client Was Unharmed
November 3, 2008 Employment Practices Alert
November 3, 2008 FDIC Adopts Rules for its Debt Guarantee Program and its Transaction Account Guarantee Program
November 3, 2008 OIG Approves County's Arrangement with Medical Center to Assume Its Residents’ Medical Transport Co-Insurance Obligations
October 30, 2008 Health Care Providers Likely Subject to Red Flag Rule, Urged to Prepare Identity Theft Prevention Programs
October 30, 2008 Second Circuit Dismisses KPMG Indictments Because of Prosecution’s Sixth Amendment Violations
October 28, 2008 New York Court Upholds Retainer Agreement That Provides Defunct Law Firm With Technology Company Stock as Legal Fees
October 27, 2008 Lawyers' Professional Liability Update
October 24, 2008 FTC Suspends Enforcement of Red Flags Rule until May 2009
October 23, 2008 Client Can Sue for Legal Malpractice for Failure to Bring Claim for Libel Per Se
October 21, 2008 OIG Approves Two Arrangements Between Hospitals and Physician Groups
October 21, 2008 Court Finds That New York’s Dead Man’s Statute Does Not Bar Attorney’s Defense in a Disciplinary Proceeding
October 20, 2008 HHS OIG Issues Advisory Opinions 08-12, 08-13 and 08-14
October 17, 2008 U.S. Treasury Department Releases Executive Compensation Rules for Participants in Capital Purchase Program
October 17, 2008 Congress Passes Mental Health Insurance Parity Law
October 16, 2008 Louisiana Amends Lawyer Advertising Rule
October 15, 2008 U.S. Treasury Department Announces TARP Capital Purchase Program
October 15, 2008 FDIC Adopts Temporary Liquidity Guarantee Program
October 15, 2008 FDIC to Guarantee Unsecured Debt
October 14, 2008 Client Attacks Common Engagement Letter Practice, Attorney Wins
October 9, 2008 New York Firm That “Outsourced” Legal Work to Another Firm Held Liable for Failure to Supervise
October 7, 2008 Insurance Insider
October 7, 2008 A Loss Reduction Technique to Avoid
October 2, 2008 Failure to Warn Client of Rate Increase Was Not a Breach of Fiduciary Duty
October 1, 2008 Employment Practices Alert
September 30, 2008 Whether Malpractice Claim Was Improperly Assigned Is an Issue of Fact
September 25, 2008 Attorney’s Inequitable Conduct Invalidates Patent
September 25, 2008 The Chilling Effect of Collateral Estoppel: An Investigative Look Back at the Worker's Compensation File May Put the Plantiff's Toxic Tort Action on Ice
September 24, 2008 Transportation Law Update
September 23, 2008 More Than Relevance of Privileged Material Needed to Find “At Issue” Waiver
September 22, 2008 Lawyers' Professional Liability Update
September 18, 2008 Legal Malpractice Award Not Reduced By Attorney-Defendant’s Hypothetical Fee
September 17, 2008 Lease Economics
September 16, 2008 Attorney’s Direct Negotiation With Represented Opposing Party Does Not Invalidate Settlement Agreement
September 11, 2008 Prosecutors Involved in Case-Related Media Projects Get Reinstated By California Supreme Court
September 10, 2008 Employment Practices Special Alert
September 9, 2008 Decision On Criminal Jury Instruction Rests With Counsel, Not Client
September 4, 2008 Sex Discrimination Claim Subject to Arbitration Under Partnership Agreement
September 2, 2008 Court Applies Stoneridge to Release Law Firm From Securities Litigation
September 2, 2008 Employment Practices Alert
August 28, 2008 Paralegal Expenses Are “Fees” Not “Costs” and Shall Be Recovered By Litigants at Prevailing Market Rates
August 26, 2008 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
August 26, 2008 Utah Lawyers May Ghostwrite for Pro Se Litigants
August 21, 2008 Second Circuit Amends Controversial Fee Award Ruling
August 20, 2008 California Employment Alert
August 20, 2008 Lawyers' Professional Liability Update
August 19, 2008 Limitations Period for Fee Collection Begins When Attorney—Client Relationship Ends
August 14, 2008 Lawyer May Have Civil Liability for Not Blowing Whistle
August 14, 2008 CMS Publishes Final 2009 IPPS With Significant Stark Law Changes
August 12, 2008 Attorney Has No General Duty to Disclose Client’s Intent to File for Bankruptcy
August 7, 2008 Law Firm Sanctioned for Baseless Counterclaim
August 5, 2008 Attorney Sanctioned for Disobeying a Protective Order and Related Wrongdoing
August 1, 2008 Employment Practices Alert
July 31, 2008 Products Liability Bulletin
July 31, 2008 Court Cuts Firm's Rate for Travel Time
July 29, 2008 Minnesota Court Holds That Ethical Rules of the State Where a Bank is Located Govern Charges of a Multistate Lawyer’s Misuse of Trust Accounts While Forum Rules Govern Alleged Lies to and Non-Cooperation With the State Bar
July 24, 2008 Proximate/Substantial Cause is the New York Standard for Attorney Malpractice
July 22, 2008 Joint Commission Reminds Hospitals to Implement Code of Conduct by January 1, 2009
July 22, 2008 The Report Card
July 22, 2008 Insurer Can Sue Insured’s Attorney for Malpractice
July 22, 2008 Lawyers' Professional Liability Update
July 17, 2008 Out-of-State Lawyers Can Represent Clients in New York Arbitrations
July 15, 2008 Lawyer Not Required to Disclose Dissatisfied Client to Insurer
July 10, 2008 Evidence of Divorce Settlement Held Inadmissible to Prove Damages in Legal Malpractice Suit Based on Drafting of Prenuptial Agreement
July 10, 2008 OIG Says Health Care System May Issue $10 Gift Cards to Patients for Service Shortfalls
July 8, 2008 Law Firm Slapped in Suit for Stealing a Client
July 2, 2008 Supreme Court: States Cannot Regulate Employer Speech Regarding Unionization
July 2, 2008 Employment Practices Alert
July 1, 2008 Law Firm Denied Fees in Bankruptcy Proceeding for Not Disclosing Conflicts
June 27, 2008 Illinois Appellate Court Holds Percentage Billing Agreement Void
June 26, 2008 Attorney Sanctioned for Misstating Opponent’s Position
June 25, 2008 EPA Cracks Down on Home Builders ― Heavy Fines Imposed for NPDES/Clean Water Act Violations
June 24, 2008 Failure to Obtain Professional Liability Insurer’s Approval Before Hiring Counsel “Costs” Insured Attorney
June 24, 2008 Mississippi Affirms Reversal of Multimillion-Dollar Benzene Suit Based on the Absence of Any Causation Evidence
June 20, 2008 The Professional Line
June 20, 2008 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
June 20, 2008 Lawyers' Professional Liability Update
June 19, 2008 Defendants Must Act Quickly to Protect Seized Documents
June 17, 2008 Attorneys Allowed to Break Privilege Following Client’s Filing of Declarations Blaming Discovery Errors on Attorneys
June 17, 2008 Implementation of Standard MS 1.20 Suspended by the Joint Commission’s Board of Commissioners
June 13, 2008 "Model Law Firm Risk Management Manual" Now Available
June 12, 2008 Illinois Health Care Surrogate Act No Longer Applies to Patient After Discharge
June 12, 2008 Plaintiff’s Burden of Proof on Personal Jurisdiction Depends in Part on Stage and Nature of Court Proceedings
June 10, 2008 Personal Profit Exclusion Upheld As a Matter of Law
June 9, 2008 CMS Advisory Opinion Approves Free Physician Use of Interface to Hospital Electronic Health Information System
June 2, 2008 Employment Practices Alert
May 29, 2008 Expert Witness May Be Deposed As Fact Witness
May 29, 2008 Department of Health & Human Services Clarifies Provider Self-Disclosure Protocol
May 28, 2008 Transportation Law Update
May 22, 2008 New York District Court Holds That Lawsuit Under Oregon Blue Sky Laws May Proceed Against New York Law Firm
May 22, 2008 Florida Lawyers' Malpractice & Ethics Update
May 16, 2008 Fifth Circuit Court of Appeals Reverses Kadlec
May 15, 2008 Oregon Hands Toxic Tort Defendants a Big Win on Medical Monitoring Claims
May 15, 2008 Court Holds That In-House Counsel’s Inadequate Electronic Record Preservation Justifies Full Forensic Search of Corporate Founder’s Laptop
May 13, 2008 USPTO Revises Procedure for Requests to Withdraw From Representation in a Patent Application
May 12, 2008 Notice of Proposed Amendments to the Health Care Worker Background Check Code
May 8, 2008 Massachusetts In House Lawyers Now Required to Register
May 7, 2008 First Circuit Broadens Protections Under EMTALA
May 6, 2008 Virginia Opinion Advises That Corporate Counsel Based Out of State May Advise Employer About Virginia Law
May 5, 2008 Products Liability Bulletin
May 1, 2008 Ninth Circuit Finds Possible Malicious Prosecution By Attorney, But Not Client
May 1, 2008 Employment Practices Alert
April 29, 2008 Ninth Circuit Holds That Law Firm Must Pay Former Co-Counsel Despite Firm’s Claimed Lack of Profit on Case as a Whole
April 28, 2008 First Federal Court Opinion Analyzing Stark Law’s Academic Medical Center Exception
April 24, 2008 Delaware Allows Limited Long-Term Practice By Foreign Counsel
April 24, 2008 OIG Releases Open Letter Regarding Self-Disclosure Protocol
April 22, 2008 District Court Abused Discretion By Delegating Fee Allocation to Self-Interested Attorneys
April 17, 2008 Adoption of “Sophisticated User Defense” in California Arms Toxic Tort Defendants in State With Strong Defense
April 17, 2008 Idaho Court Holds Client Who Agreed to Settlement Can’t Sue Lawyer
April 15, 2008 Attorneys Disbarred for Extraordinary Sting Operation
April 15, 2008 IRS Issues New Rules for Tax-Exempt Organizations on Private Benefit and Excess Benefit Transactions
April 10, 2008 Court Holds Selective Waiver Generally Not Allowed in Surrender of Work Product to the Government
April 8, 2008 Minnesota Supreme Court Clarifies Standards for Potential Lawyer Liability to Non-Clients
April 1, 2008 Lawyers' Professional Liability Update
April 1, 2008 Employment Practices Alert
April 1, 2008 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
April 1, 2008 Pennsylvania Supreme Court Holds Lawyer Misconduct Not Subject to Consumer Protection Statute
March 31, 2008 Insurance Insider
March 27, 2008 District of Columbia Ethics Opinion Advises That Limiting the Scope of an Engagement to a Discrete Legal Issue or Discrete Stage in Litigation May Avoid a Former Client Conflict
March 26, 2008 The Landscape of Pharmacy Negligence Claims in Florida
March 25, 2008 Lawyer Escapes Sanctions for Premiums Added to Clients’ Bills Without Consent, But Gets Suspended for Related Conduct
March 20, 2008 New York Court Holds That Vague Billing Records Preclude Quantum Meruit Recovery
March 13, 2008 New York Court Holds Attorneys Who Send Faxes on Legal Issues May Be Unlawful Advertisers Under TCPA
March 12, 2008 Claim Handling Requirements - A 50 State Survey
March 12, 2008 Duty To Defend - A 50 State Survey
March 12, 2008 Compendium of Warranties - A 50 State Survey
March 11, 2008 Indiana Court Discusses Relationship Between RPC on Doing Business With Clients and Parallel Common Law Fiduciary Duties
March 6, 2008 OIG Advisory Opinion Approves Arrangement for Patient Prompt Payment Discount
March 6, 2008 Legal Hotline Cannot Disclaim Attorney-Client Relationship With Callers
March 5, 2008 CMS Issues Revised Interpretive Guidelines for Hospital Conditions of Participation: Requirements for History and Physical Examinations; Authentication of Verbal Orders; Securing Medications; and Post-Anesthesia Evaluations Final Rule
March 1, 2008 Employment Practices Alert
February 29, 2008 Insurance Insider
February 26, 2008 Regulatory Body for Securities Dealers Attempts to Loosen Restrictions on Representation in Arbitration Proceedings
February 22, 2008 Products Liability Bulletin
February 21, 2008 Attorney Client Relationship Established and Maintained Electronically Gives New York Court Personal Jurisdiction Over California Client
February 20, 2008 Attorney Client Relationship Established and Maintained Electronically Gives New York Court Personal Jurisdiction Over California Client
February 19, 2008 Law Firm’s Duty to Directors of Corporate Client Comes and Goes in Single Case
February 14, 2008 Supreme Court Holds That Sixth Amendment Right to Counsel May Be Satisfied When Lawyer Participates Via Speakerphone
February 12, 2008 New York Case Holds Lawyers Who Are Limited Liability Partners May Remain Liable to Each Other After Withdrawal
February 12, 2008 Florida Lawyers' Malpractice & Ethics Update
February 7, 2008 Warning Signs Should Have Led Sanctioned Attorneys to Inquire Into Adequacy of Client’s Discovery Production
February 5, 2008 Delaware Court Holds That Disclosure of Results of Internal Investigation to Board of Directors Waives Attorney-Client Privilege When Some Directors or the Board Have Adverse Interests
February 4, 2008 Products Liability Bulletin
February 1, 2008 Lawyers' Professional Liability Update
February 1, 2008 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
February 1, 2008 Employment Practices Alert
January 30, 2008 Securities Update - New Rules for Internet Delivery of Proxy Materials
January 29, 2008 New York Court Holds Absent Class Members Not Entitled to Attorney’s Files
January 24, 2008 Delaware Court of Chancery Exercises Personal Jurisdiction Over Law Firm Who Filed Certificate Amendment for Client in Delaware
January 23, 2008 OIG Publishes Two Advisory Opinions Approving “Gainsharing” Arrangements Between Hospitals and Physician Groups
January 22, 2008 Convertible Hybrid Fee Agreement Violates Alaska Law When Conversion is Triggered By Client’s Decision to Settle
January 22, 2008 Lawyers' Professional Liability Update
January 22, 2008 The Professional Line
January 17, 2008 Pennsylvania Court Strictly Applies Time Bar to Legal Malpractice Claim
January 15, 2008 U.S. District Court Rejects “Pervasive Regulation” and “Reverse Engineering” Theories and Holds Attorney-Client Privilege Unavailable to House Counsel Acting in What the Court Considered a Business Capacity
January 11, 2008 CMS Delays Anti-Markup Rule Related to Diagnostic Services
January 11, 2008 Healthcare Manufacturers Settle Health Care Fraud Case With U.S. for $311 Million
January 8, 2008 Illinois Court Clarifies Rights of Unpaid Law Firms to Sue in Contract and Tort
January 7, 2008 DHS Issues Notice to Illinois Employers About E-Verify
January 3, 2008 Crime-Fraud Exception to Attorney Client Privilege Applies When Attorney Concedes Possibility of Client’s Misconduct
January 3, 2008 Form 990 Released on December 20, 2007 Includes Significant Changes to Schedule H for Hospitals
January 2, 2008 Employment Practices Alert
January 1, 2008 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
January 1, 2008 Lawyers' Professional Liability Update
December 20, 2007 White Collar Crime Alert
December 20, 2007 Mishandling of Inadvertently Produced Work Product Results in Disqualification of Counsel and Experts
December 19, 2007 Physician Responsibilities Related to the Illinois Perinatal Mental Health Disorders Prevention and Treatment Act
December 14, 2007 New Toxic Tort Developments
December 13, 2007 E-mail Policy Renders Communications Non-Confidential
December 11, 2007 Malpractice Liability Precluded by Dismissal of Underlying Claims Against Co-Defendant
December 11, 2007 Home Healthcare Firm Settles Class Action Lawsuit for Travel Time
December 6, 2007 Appearance of Impropriety Test Abandoned in Oklahoma
December 5, 2007 APN Authority to Prescribe Schedule II Controlled Substances Placed on Hold in Illinois by DEA Concerns
December 4, 2007 Attempt to File Suit in a Mississippi Court Without Pro Hac Vice Admission Subjects Out-of-State Attorney to Sanctions and Potential Disciplinary Action
December 3, 2007 APN Authority to Prescribe Schedule II Controlled Substances Placed on Hold by DEA Concerns
December 3, 2007 Employment Practices Alert
December 3, 2007 New Stark Rules Effective December 4, 2007
December 1, 2007 Lawyers' Professional Liability Update
November 29, 2007 Judicial Conference Proposes New Federal Rule of Evidence 502 Regarding Waiver of Privilege to Limit Costs of Discovery
November 28, 2007 The Impact of Stark Phase III on Physician Group Practices
November 26, 2007 Rural Hospital Recruitment and Retention, Stark II Phase III
November 20, 2007 California Court Holds Corporate Attorney-Client Privilege Extends to Third Parties Reasonably Necessary to Carry Out Legal Advice and Strategy
November 19, 2007 Medical Staff Concerns Under Stark II Phase III
November 16, 2007 The Impact of Stark Phase III on Physician Group Practices
November 15, 2007 Insurance Insider
November 15, 2007 ABA Concludes Limited Representation in Collaborative Law Practice Does Not Violate Ethics if Informed Consent is Obtained
November 13, 2007 Federal Circuit Finds Exclusive Federal Jurisdiction of Legal Malpractice Cases Arising From Patent Matters
November 13, 2007 CMS Revises Treatment Of Compensation Arrangements Under Stark Law
November 8, 2007 California Supreme Court Holds That When an Attorney Leaves a Firm and Takes a Client, the Statute of Limitations for Legal Malpractice is Not Tolled as Against the Former Firm and Its Partners
November 6, 2007 New York City Bar Provides Guidance on Corporate Family Conflicts of Interest and Representation Adverse to Affiliates
November 6, 2007 New York City Bar Provides Guidance on Corporate Family Conflicts of Interest and Representation Adverse to Affiliates
November 5, 2007 CMS Publishes New Stark Law Regulations Regarding Physician Recruitment
November 1, 2007 DC Bar Association Concludes Lawyer Who Knows that an Adversary Inadvertently Provided Metadata in Electronic Document Must Not Review the Metadata
November 1, 2007 Lawyers' Professional Liability Update
November 1, 2007 Attorney's Legal Liability
November 1, 2007 Employment Practices Alert
November 1, 2007 Recent Changes in Illinois Law Affecting Hospitals
November 1, 2007 Products Liability Bulletin
November 1, 2007 Attorneys' Legal Liability
November 1, 2007 Attorney's Legal Liability
October 31, 2007 Governor Schwarzenegger Signs Bill Granting Leave for Military Spouses
October 30, 2007 Florida Supreme Court Underscores Adherence to Not Permitting Assignment of Legal Malpractice Claims
October 29, 2007 Wisconsin Budget Raids Injured Patients and Families Compensation Fund, Rejects Medicaid Payment Improvements
October 29, 2007 CMS Publishes New and Proposed Stark Law Regulations
October 25, 2007 New York Appellate Court Reverses Verdict Based on Failure to Disclose Terms of High-Low Agreement to All Parties
October 23, 2007 Federal Circuit Court of Appeals Bars Lawyer From Patent Practice Due to Conflicts From Lawyer’s Financial Deal With Invention Promotion Company
October 18, 2007 Sixth Circuit Upholds Denial of Extra Time to Appeal Where Attorney Failed to Monitor Electronic Docket
October 17, 2007 CMS Initiates Payment Hold for Providers Not Using Nine-Digit ZIP Codes
October 16, 2007 Indiana Appeals Court Upholds Conflicts Waiver in Simultaneous Representation of Buyer and Seller in Business Transaction
October 11, 2007 Eighth Circuit Holds Crime-Fraud Exception to Attorney-Client Privilege Does Not Trump Attorney’s Claim to Opinion Work Product Where the Attorney Was Not Involved in the Client’s Fraud
October 9, 2007 Tennessee Appeals Court Concludes Criminal Defendant Client May Bring Legal Malpractice Action Before Seeking or Receiving Post-Conviction Relief
October 4, 2007 Illinois Appellate Court Upholds Judgment in Favor of Investment Company Comprised of Partners in Law Firm Who Represented the Defendant-Client in Investment Transactions
October 2, 2007 Washington Supreme Court Upholds Dismissal of Legal Malpractice Suit Under “Two Dismissal” Rule
October 1, 2007 The Report Card
October 1, 2007 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
October 1, 2007 Employment Practices Alert
October 1, 2007 Lawyers' Professional Liability Update
September 28, 2007 OIG Approves On-Call Payment Plan
September 28, 2007 Fingerprint-Based Background Check Will NOT Go Into Effect on October 1, 2007
September 27, 2007 Oregon Supreme Court Rejects Insurer’s Attempt to Describe Dispute With its Insured as a Dispute Over the Amount Due Rather Than Over Coverage for Purposes of Avoiding the Obligation to Pay the Insured’s Attorney Fees
September 25, 2007 Second Circuit Admonishes Arbitration Panel for Manifest Disregard of Law in Attorney Fee Award in Age Discrimination Case
September 24, 2007 Illinois Health Care Worker Background Check Act Amended to Require Fingerprint-Based Background Checks as of October 1, 2007
September 24, 2007 Illinois Health Care Worker Background Check Act Amended to Require Fingerprint-Based Background Checks as of October 1, 2007
September 20, 2007 Second District Court of Appeal Upholds Quantum Meruit Award of Attorney Fees on Reasonable Hour Basis to Firm Against Former Contingency Fee Client
September 18, 2007 South Dakota Supreme Court Upholds Conditional Reinstatement of Lawyer’s License and Requires Legal Malpractice Coverage as a Condition for Continued Practice
September 13, 2007 ABA Ethics Committee Concludes That Defense Counsel May Contact Putative Class Members Without Permission From Plaintiffs’ Counsel
September 12, 2007 Appellate Court Allows Negligent Credentialing Lawsuit
September 11, 2007 Montana Supreme Court Upholds $1.1 Million Compensatory Damages and $9.9 Million Punitive Damages Against Major Law Firm for Malicious Prosecution
September 6, 2007 New Jersey Appellate Court Finds Attorney Malpractice Liability Coverage for Work Done By Partner on Firm File After He Left Firm
September 4, 2007 Employment Practices Alert
September 4, 2007 U.S. Bankruptcy Court Disqualifies Debtor Counsel From Case Based on Failure to File Disclosure of Conflict and Defers Issue of Disgorgement of Fees
September 1, 2007 The Professional Line
September 1, 2007 Florida Lawyers' Malpractice & Ethics Update
September 1, 2007 Lawyers' Professional Liability Update
August 30, 2007 Florida Supreme Court Suspends Attorney and Orders Fee Disgorgement for Having Secret Engagement Agreement to Prevent Future Litigation With Opposing Party During Settlement Negotiations
August 28, 2007 New York Court of Appeals Upholds Law Firm Partnership Agreement Amendment, Adopted By a Majority Vote of the Partnership, Deferring Payments to Withdrawing Partners
August 23, 2007 New York Court of Appeals Allows Ex Parte Interview of Opposing Party’s Former Managerial Employee, With Adequate Disclosures and Warnings and Where No Confidential or Privileged Information Disclosed
August 21, 2007 District of Columbia Court of Appeals Holds Ethical Duty of Confidentiality Did Not Bar Lawyer from Giving Court-Ordered Deposition Regarding Demand Letter
August 16, 2007 Despite Policy Exclusion for Contractual Liability, Pennsylvania Federal Court Finds Coverage Under Professional Liability Policy for Breach of Fiduciary Duty Claim Based on Lawyer’s Sale of His Own Home
August 16, 2007 Joint Commission Revises Medical Staff Bylaws Standards
August 14, 2007 New York County Bar Association Concludes Lawyers May Ethically Have Investigators Use Dissemblance for Cases Involving Civil Rights or Intellectual Property Rights
August 9, 2007 Second Circuit Rejects District Court Assertion of Ancillary Jurisdiction Over Attorney Fee Claims by Individual Criminal Defendants Against Their Non-Defendant Former Employer
August 7, 2007 Although Voiding Contingent Fee Agreement, California Court Upholds $1.2 Million Award of Reasonable Fees
August 2, 2007 Washington Supreme Court Holds That Attorney May Pay a Non-Lawyer Who Had a Contingent Fee With the Attorney’s Clients for Performing Non-Legal Work
August 1, 2007 Employment Practices Alert
August 1, 2007 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
August 1, 2007 Lawyers' Professional Liability Update
July 31, 2007 California District Court Orders Firm Disqualified and Rejects Rebuttable Presumption of Vicarious Disqualification Despite Screening Procedures
July 26, 2007 New York Courts Finds No Breach of Fiduciary Duty or Improper Disclosure of Client Confidences in Complaint Filed by Attorney Against Former Firm
July 24, 2007 New York Court Limits Defendant Law Firm's Duties Based on Retainer Agreement and Dismisses Malpractice Case While Awarding Fees
July 20, 2007 Provena Covenant Wins Reversal of the Illinois Department of Revenue's Property Tax Exemption
July 19, 2007 California Court Holds That Disqualification Order in One Case Should Be Given Preclusive Effect in Another Case
July 17, 2007 CMS Proposes Significant Changes to Stark Regulations
July 17, 2007 Washington Supreme Court Holds Saliva Used by Suspected Murderer to Seal Envelope Not Subject to Attorney- Client Privilege; Fact That Police Posed as Attorneys to Obtain DNA Evidence Held Irrelevant
July 12, 2007 Sixth Circuit Rules that the Government Must Obtain a Search Warrant to Get E-mail Records Held by Internet Service Providers
July 12, 2007 Iowa Adopts “Entire File” Rule: Client Owns Complete File, Including Attorney Work Product, Subject Only to Narrow Exceptions
July 10, 2007 California Court Disqualifies Attorney From Representing Party Adverse to Former Client With Whom Attorney Had Discussed a Substantially Related Transaction
July 5, 2007 2007 Health Law Compendium
July 2, 2007 Employment Practices Alert
July 1, 2007 Lawyers' Professional Liability Update
June 29, 2007 U. S. Supreme Court Tightens Limits on Student Speech
June 28, 2007 New York Court Finds Attorney-Client Privilege With Other Counsel on Arguably Related Matters is Waived in Legal Malpractice Claim
June 26, 2007 Ninth Circuit Holds No Remedy for Taxpayers Under IRS Fee-Shifting Statute Despite Fact that IRS Forced Taxpayers into Litigation
June 21, 2007 Second Circuit Clarifies Calculation for Attorney Fee Awards Based in Fee-Shifting Cases Involving Lodestar and Forum Rate Issues
June 19, 2007 California Court Finds No Joint Representation or Common Interest Privilege Claim in Lawyer’s Representation of Two Clients on Ostensibly Parallel But Distinct Claims
June 18, 2007 CMS Issues Final Rule Regarding New Process for Notification of Hospital Discharge to Medicare Beneficiaries
June 14, 2007 Insurance Insider
June 14, 2007 Alabama Court Holds Attorney-Client Privilege Waived By Presence of Client’s Daughter During Conference Regarding Property Transfer
June 12, 2007 New York Court Holds Firm Must Disgorge Fees Based on Breach of Fiduciary Duty for Disloyalty to Client
June 12, 2007 High Court Holds CERCLA PRPs May Seek Recovery of Their CERCLA Cleanup Expenses
June 12, 2007 IRS Provides Guidance to Hospitals for Financial Assistance to Physicians for EHR
June 8, 2007 Pay Owed By Employer to Employee for Missed Meal and Break Period is Wage, Not Penalty
June 7, 2007 Nevada Court Holds Both Insurer and Insured Were Defense Firm’s Clients and Therefore Disqualifies Firm from Representing Insured in Related Bad Faith Action Against Insurer
June 5, 2007 Georgia Court Finds Lawyer Potentially Liable for Not Advising Client of Risk Presented by Unsettled Law
June 1, 2007 The Professional Line
June 1, 2007 Florida Lawyers' Malpractice & Ethics Update
June 1, 2007 Lawyers' Professional Liability Update
June 1, 2007 Employment Practices Alert
May 31, 2007 Second Circuit Clarifies Standards for Attorney Fee Awards in Medicare Class Action Litigation
May 31, 2007 U. S. Supreme Court Allows Parents to Litigate on Behalf of Child’s Education Needs, Without Representation by an Attorney
May 29, 2007 Ninth Circuit Holds Attorney-Client Privilege Does Not Prevent IRS Discovery of Identities of Tax Shelter Investors
May 24, 2007 New Jersey Holds That Lawyers’ Prior Knowledge of Potential Claim at Time of Insurance Application Becomes Matter of Law When Evidence is One-Sided
May 23, 2007 CMS Revises Interpretive Guidelines for Informed Consent
May 22, 2007 Montana Court Holds Attorney-Client Confidentiality is not a Defense to Attorney’s Lack of Candor With Court or to Assisting in Client Fraud
May 17, 2007 Eighth Circuit Holds Collateral Estoppel Blocks Suit By Class Action Plaintiffs Against Their Attorneys for Breach of Fiduciary Duty Based on Court Approval of Settlement
May 15, 2007 California Court Finds No Duty Owed to Reinsurer by Defense Attorney Who Was Hired by the Primary Carrier
May 10, 2007 USPTO Proposes Supplemental Rule Changes to Clarify Extent of Federal Preemption of State Regulation of Practice of Law
May 8, 2007 DC Ethics Opinion Concludes Lawyer’s Present and Former Roles as Expert Witness Does Not Create Former Client Conflict Despite Substantial Relationship of Matters
May 4, 2007 Hinshaw Health Law Alert
May 3, 2007 Colorado Ethics Committee Concludes Rules of Professional Conduct Prohibit Lawyers From Participating in Some Forms of Collaborative Law and Explores Related Ethical Pitfalls
May 1, 2007 Ninth Circuit Finds Software Company Engaged in Unlawful Practice of Law By Providing Computer Based Service for Preparation of Bankruptcy Forms
May 1, 2007 Employment Practices Alert
April 30, 2007 Products Liability Bulletin
April 27, 2007 Northern California District Court Addresses Privilege and Work Product Issues Relating to Law Firm’s In-House Communications
April 27, 2007 Outlook Very Good for PRPs’ CERCLA Cost Recovery Rights
April 24, 2007 Georgia Court Finds No Causation in Legal Malpractice Claim Based on Inadequate Witness Presentation, But Finds on Separate Claim That Clients’ Ability to Review and Comprehend Document Was Not Sufficient to Break Malpractice Chain of Causation
April 19, 2007 Ninth Circuit Explains Standards for Review of Attorney Fees, Including Opposition to Block Billing and Quarter Hour Minimum Entries
April 17, 2007 Ninth Circuit Clarifies Position on Judicial Duties and Burdens of Proof Under the Crime Fraud Exception to Attorney-Client Privilege
April 5, 2007 Colorado Supreme Court Finds Narrow Duty to Corporate Creditors by Corporate Officer Resulting in Reversal of Aiding and Abetting Breach of Fiduciary Duty Verdict Against Attorneys
April 3, 2007 Two Important Supreme Court Decisions Issued April 2, 2007
April 3, 2007 Wisconsin District Court Finds Retired Attorney Not Liable Under Partnership By Estoppel Theory When Client Did Not in Fact Rely on Retired Attorney’s Participation in Firm
April 3, 2007 Employment Practices Alert
April 1, 2007 Lawyers' Professional Liability Update
April 1, 2007 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
March 30, 2007 Indiana Court of Appeals Holds Excess Insurer May Not Sue Insured’s Attorneys for Legal Malpractice
March 27, 2007 Louisiana Court Finds No Duty to Defend Under Malpractice Coverage for Lawyer Based on Fee Dispute Between Referring Attorneys
March 23, 2007 Illinois HB 1347 Threatens School Districts' Flexibility in Using Third-Party Contractors
March 22, 2007 Third Circuit Finds Due Process Rights of Lawyers Violated by Finding of Sanctions Despite Lack of Monetary or Disciplinary Penalty
March 20, 2007 San Diego Bar Association Examines Lawyer Duties and Responsibilities When Outsourcing Legal Services
March 15, 2007 Seventh Circuit Court of Appeals Sanctions Illinois Attorneys for Unprofessional Conduct During Deposition
March 14, 2007 Illinois Court Finds Staffing Decisions By Private Hospital Not Subject to Judicial Review
March 13, 2007 Illinois Department of Revenue Denies Two More Hospitals’ Applications for Property Tax Exemption
March 13, 2007 California Court Upholds Binding Arbitration of Fee Dispute Under Retainer Agreement After Client Waives MFAA Rights
March 8, 2007 Court Held Trustees of Union Health Fund in ERISA Suit Could Not Offload Blame for Bad Investments Onto Their Attorneys
March 6, 2007 New York Court Holds Lawyers Retained By Insurer to Represent Insured May Have Duty to Put Excess Carrier on Timely Notice of Claim
March 5, 2007 Florida Supreme Court Finds Intentional Dishonesty Arising From Failure of Oversight of Arguably Dishonest Bookkeeper
March 2, 2007 Insurance Insider
March 2, 2007 Employment Practices Alert
March 1, 2007 The Report Card
February 22, 2007 California Appellate Court Finds Excessive Billing is a Violation of Fiduciary Duty
February 21, 2007 The Professional Line - Year in Review
February 21, 2007 Construction Law Update - Year in Review
February 20, 2007 Iowa Supreme Court Invalidates Provision in Fee Agreement Requiring Client to Inform Attorney of Any Disputes Within 10 Days
February 16, 2007 Lewin Group Issues its Report on the Illinois Health Facilities Planning Board
February 15, 2007 Missouri Appellate Court Holds Third Party Payment of Lawyer’s Fees Alone Does Not Give Rise to Attorney-Client Relationship
February 13, 2007 Supreme Court of Florida Revises Rules on Attorney Advertising
February 8, 2007 Illinois Sues MRI Centers Over Alleged Fraudulent Kickback Scheme
February 8, 2007 New York State Revises Rules Governing Lawyer Advertising
February 6, 2007 Oregon Supreme Court Shifts Burden of Proof in Disciplinary Cases
February 2, 2007 Hinshaw Successfully Defends Velda Farms in a Negligence Case in Which the Plaintiff Demanded $3 Million
February 1, 2007 Basics for Beginners
February 1, 2007 Lawyers' Professional Liability Update
February 1, 2007 Employment Practices Alert
February 1, 2007 The Professional Line
January 31, 2007 Construction Law Update
January 30, 2007 The Class Action Fairness Act of 2005: Developing Trends One Year Later
January 29, 2007 Consultant Hired by Illinois Attorney General’s Office to Analyze Hospital Practices
January 24, 2007 Hospital Not Liable for Employee’s PHI Disclosure
January 22, 2007 SEC Bank Broker Rules
January 4, 2007 Insurance Insider
January 3, 2007 Crime-Fraud Exception to Attorney Client Privilege Applies When Attorney Concedes Possibility of Client’s Misconduct
January 3, 2007 Centers for Medicare and Medicaid Services Publish Final Patients’ Rights Rule on Use of Restraints and Seclusion
January 2, 2007 Employment Practices Alert
January 1, 2007 Florida Lawyers' Malpractice & Ethics Update
January 1, 2007 Lawyers' Professional Liability Update
January 1, 2007 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
December 27, 2006 Illinois Supreme Court Finds Physicians’ Restrictive Covenants Legal, Not Against Public Policy
December 15, 2006 SEC to Propose Interpretive Guidance for Internal Control Over Financial Reporting
December 15, 2006 SEC Adopts Voluntary E-Proxy Rule Amendments and Proposes Mandatory Rules
December 15, 2006 SEC Bank Broker and Bank Dealer Rules
December 14, 2006 Modifications to Medicare Conditions of Participation Effective January 26, 2007
December 14, 2006 Third Circuit Court of Appeals Upholds Fee Disgorgement Claims Against Lawyers Who Failed to Disclose Potential Conflict of Interest to Their Clients
December 12, 2006 Supreme Court of Tennessee Holds Standard of Care in Legal Malpractice is Statewide, Not Local
December 7, 2006 ABA Concludes Lawyers are Not Prohibited in Reviewing and Using Metadata Stored in Received Electronic Documents
December 6, 2006 Specified Flat Fees Not Violative of Percentage-Based Fee Arrangements Under Illinois Law
December 6, 2006 The Illinois Supreme Court Rejects Class-Action Certification for Mass Tort Actions
December 5, 2006 Office of Inspector General Indicates That Certain Gainsharing Arrangements Not Subject to Sanctions if Specified Safeguards Are Followed
December 5, 2006 New York Appellate Court Upholds Dismissal of Malpractice Case Based on Client’s Written Affirmation that He Waived Conflict and Read Legal Documents Prepared by His Lawyers
December 4, 2006 Employment Practices Alert
December 1, 2006 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
December 1, 2006 Lawyers' Professional Liability Update
November 30, 2006 CMS Issue Advisory Opinion on Physician Recruitment Exception to Stark Law
November 30, 2006 California Court Rejects Attempt to Depose Opposing Counsel During Wrongful Death Suit
November 28, 2006 New Mexico Supreme Court Disciplines Subordinate Attorney for Over-Reliance on Directions From Out-of-State Counsel and Client
November 28, 2006 Construction Law Update
November 21, 2006 Ohio Appellate Court Rejects Collectability in Underlying Case as Limit on Recovery in Legal Malpractice Action
November 17, 2006 District of Columbia Court of Appeals Announces Revisions to its Rules of Professional Conduct That Will Allow Lawyers to Disclose Confidential Client Information to Mitigate or Rectify Past Client Wrongdoing
November 15, 2006 Court Upholds Dismissal of Malpractice and Disgorgement Claims
November 9, 2006 Court Requires Recusal of Prosecutor in Rape Case Where Facts Were Similar to Those in Her Published Novel
November 7, 2006 Washington Supreme Court Applies Ethical Prohibition Against Malpractice Waiver/Release Without Written Notice of Right to Independent Counsel to Situation Involving Only Potential Claims
November 3, 2006 10-Year Statute of Limitations Governs Surety’s Indemnity Action
November 2, 2006 Second Circuit Finds Supplemental Jurisdiction to Allow District Court to Dismiss Malpractice Action and Find Attorneys in Class Action Acted Reasonably in not Suing Arthur Andersen in Securities Suit
November 1, 2006 Lawyers' Professional Liability Update
November 1, 2006 Employment Practices Alert
November 1, 2006 The Report Card
October 31, 2006 Insurance Insider
October 31, 2006 ABA Concludes Statements About Settlement Positions in Settlement Negotiations, Including Mediations, are Considered “Puffery” and not False Statements Under the Model Rules
October 27, 2006 California Appellate Court Holds No Conflict of Interest in Representation of Two Clients Involved in Separate, Unrelated Dispute with Each Other
October 24, 2006 Lawyer’s Failure to Advise of Non-Representation Created Issue of Fact Regarding Continued Representation
October 19, 2006 Federal Court Exercises Supplemental Jurisdiction Over Legal Malpractice Case Arising Out of Copyright Dispute
October 17, 2006 New Jersey Advisory Opinion Applies Ban on Restrictive Employment Agreements to In-House Attorneys
October 12, 2006 Ethics Committee Rejects Attempt to Create Attorney-Client Relationship or Duty of Confidentiality Based Solely on Unsolicited Email to Prospective Attorney
October 10, 2006 Bankruptcy Court Denies In-House Attorney-Client Privilege to Enron Based on Evidence of a Fraudulent Scheme
October 5, 2006 New York Court Limits Duty to Third Party for Opinion Letter Provided by Attorneys in Sale of Corporate Assets
October 3, 2006 Outside Corporate Directors Can Claim the Attorney-Client Privilege With Personal Counsel Paid for by the Company Even if Corporate Affairs are Discussed
October 2, 2006 Employment Practices Alert
October 2, 2006 Illinois Department of Revenue Denies Property Tax Exemption to Provena Covenant Medical Center
October 1, 2006 Long-Term Care Newsletter
October 1, 2006 The Report Card
September 28, 2006 Corporation Waived Attorney-Client Work Privilege and Work Product Doctrine by Voluntarily Releasing Information to Federal Agencies Investigating the Company
September 26, 2006 NYC Bar Association Ethics Opinion Approves Overseas Outsourcing for Legal Support Services Subject to Proper Oversight
September 26, 2006 New Rules Regarding Donations of Electronic Prescribing and Electronic Health Record Technology
September 21, 2006 SEC Rules on Executive and Director Compensation and Related Person Disclosure
September 21, 2006 Sarbanes-Oxley Alert: Standards of Conduct for Attorneys Appearing and Practicing Before the SEC
September 18, 2006 Forum Selection Clauses in Retainer Agreement Not Binding When Client Fails to Appear and Seek Enforcement
September 12, 2006 Law Firm’s Failure to Close Ostensibly Former Client File Helps Persuade Court to Order Disqualification on Ground that Current Attorney-Client Relationship Existed
September 6, 2006 Insurance Insider
September 5, 2006 Due Diligence Counsel Not Disqualified From Taking Position Adverse to Issuer of Securities it Previously Investigated
September 5, 2006 Construction Law Update
September 1, 2006 Employment Practices Alert
September 1, 2006 Lawyers' Professional Liability Update
September 1, 2006 The Professional Line
August 30, 2006 Insurance Insider
August 29, 2006 Claim that Law Firm Employee’s Negligence Assisted Partner in Committing Fraud Was Excluded by Intentional Acts Exclusion in Firm’s Insurance Policy and There Was No Innocent Insured Protection for the Employee
August 25, 2006 Appellate Court Holds that Defendants Who Settle Prior to Trial Should be Included on the Verdict Form to Allocate Fault
August 22, 2006 Fully Informed Clients Can Ratify Unconscionable Fee Agreements, Even During Ongoing Representation
August 22, 2006 Illinois Health Facilities Planning Board Will Require Letters of Intent for Projects Not Deemed Complete On or Before September 1, 2006
August 14, 2006 Ohio Lawyer's Representation Ended When Lawyer So Informed Client, Not When Lawyer Moved to Withdraw
August 1, 2006 Employment Practices Alert
August 1, 2006 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
August 1, 2006 Lawyers' Professional Liability Update
July 31, 2006 Insurance Insider
July 25, 2006 Minimal Telephone Calls and Correspondence Held Insufficient to Establish Personal Jurisdiction Over Attorney
July 18, 2006 Partners Owe a Continuing Duty to Clients Even After a Law Firm Dissolves
July 14, 2006 New Illinois Law Requires All Cases of Elder Care Neglect and Abuse to be Reported Within Four Hours of Discovery
July 13, 2006 CMS Issues Hospital Inpatient Prospective Payment System Proposed Rule for Fiscal Year 2007
July 11, 2006 Former Attorney Who Previously Represented Government Agency as Outside Counsel May Represent New Clients in the Same Type of Case Against Agency
July 10, 2006 Illinois Governor Signs Fair Patient Billing Act
July 5, 2006 Employment Practices Alert
July 5, 2006 Illinois Supreme Court Holds “Lost” Punitive Damages Not Recoverable as Compensable Damages in Subsequent Legal Malpractice Action
July 1, 2006 Lawyers' Professional Liability Update
June 29, 2006 Insurance Insider
June 28, 2006 Illinois Business Law
June 27, 2006 California Supreme Court Rejects Screening for San Francisco City Attorney
June 21, 2006 Federal Circuit Defines the Scope of Privilege and Work Product Waivers When Advice-Of-Counsel Defense is Asserted
June 16, 2006 The Ends Don't Justify Illegal or Unethical Means
June 15, 2006 Law Firms Disqualified for Inducing Consultant to Violate Duties of Loyalty and Confidentiality to Former Client
June 14, 2006 Hospital Successfully Sues Another Health Care Provider in Precedent-Setting Duty to Disclose Suit
June 6, 2006 North Carolina Holds That Attorney Can Report Wrongful Conduct to the SEC Even if Such Action Would Violate State Confidentiality Provisions
June 1, 2006 Employment Practices Alert
May 31, 2006 The Aggregate Settlement Rules Really Mean What They Say
May 23, 2006 Kentucky Legal Malpractice Law Contains No Blanket Exception from Liability for Errors in Judgment
May 22, 2006 U.S. Supreme Court Allows Health Insurers to Pursue Equitable Relief Against Beneficiaries
May 19, 2006 Insurance Insider
May 17, 2006 Statute of Limitations in Illinois Shortened for Written Indemnity Agreements From 10 Years to Two Years
May 17, 2006 Litigation Privilege Broadly Construed to Bar Liability for Civil Rights Action
May 15, 2006 Deficit Reduction Act of 2005 Mandates Health Care Facilities Receiving More Than $5 Million in Medicaid Funds to Adopt Policies Concerning Fraud and Abuse
May 9, 2006 Lawyer Who Prevented Client-Executor from Defrauding Parent’s Estate Exonerated
May 2, 2006 Prior Attorney-Client Relationship Does Not Transfer in a Sale of Assets
May 1, 2006 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
May 1, 2006 The Professional Line
May 1, 2006 Employment Practices Alert
May 1, 2006 Lawyers' Professional Liability Update
April 28, 2006 Insurance Insider
April 25, 2006 Construction Defect Alert
April 25, 2006 CMS Expands Coverage for Cardiac Rehabilitation Programs But Emphasizes the Direct Physician Supervision Requirement
April 25, 2006 Plaintiffs Entitled to Spoliation Instruction Against Defendant — Attorney Who Did Not Destroy Evidence But Concealed Dismissal of Underlying Case for Nine Years
April 24, 2006 First Person Consent Organ and Tissue Donor Registry Created in Illinois
April 20, 2006 California Lawyers May Ethically Use Overdraft Protection on Trust Accounts as Long as Commingling Does Not Occur
April 13, 2006 Free Preoperative Home Safety Assessment Could Generate Prohibited Remuneration
April 12, 2006 Programs Offering Physicians the Opportunity to Expand into New Businesses and Obtain Profits Could Violate Anti-Kickback Statute
April 12, 2006 Simultaneous IP Work for Clients with Competing Technologies Bars Client’s Claim at Trial of Reliance on Legal Opinion Ostensibly Tainted by Conflict
April 3, 2006 Employment Practices Alert
April 1, 2006 Florida Lawyers' Malpractice & Ethics Update
April 1, 2006 Lawyers' Professional Liability Update
April 1, 2006 Dealing With an ARDC Letter of Complaint: What Do I Do Now?
March 30, 2006 Insurance Insider
March 27, 2006 Selection of Independent Counsel - A 50 State Survey
March 15, 2006 Electronic Records Are Part of the Client File that Must Be Turned Over to Successor Counsel
March 9, 2006 Illinois Senate Committee Passes Amendment to Joint and Several Liability Statute
March 8, 2006 Fee Sharing Agreement Between Former and Successor Counsel is Enforceable Even Though it May Violate Disciplinary Rule Requiring Fees to be Shared in Proportion to Services Rendered
March 8, 2006 The Lannom Opinion Opinion Continues to be Debated in the Lower Courts
March 3, 2006 Insurance Insider
March 1, 2006 The Report Card - Clarification
March 1, 2006 Legal Malpractice: The Law Office Guide to Purchasing Legal Malpractice Insurance
March 1, 2006 Employment Practices Alert
February 24, 2006 SEC Guidance on Perquisites for the 2006 Proxy Season (SEC Release Nos. 33-8655 and 34-53185)
February 21, 2006 RPC 4.2, Which Prohibits an Attorney from Communicating with a Represented Party, Applies to an Attorney Appearing Pro Se
February 17, 2006 Federal Rule of Civil Procedure 23 and Insurance Industry Class Actions
February 15, 2006 Colorado Supreme Court Holds That Consumer Protection Act Applies to Lawyer Advertising
February 7, 2006 Retainer Agreement Failing to Comply with New York Fee Dispute Resolution Program Held Unenforceable; Law Firm’s Fee Arbitration Against Former Client Permanently Stayed
February 1, 2006 Illinois Workers’ Compensation Commission Adopts Medical Fee Schedule Applicable to All Medical Treatments and Procedures Rendered On or After February 1, 2006
February 1, 2006 Lawyers' Professional Liability Update
February 1, 2006 Employment Practices Alert
February 1, 2006 Manufacturer vs. Exclusive Distributor: Who Owns the Trademark?
February 1, 2006 The Report Card
February 1, 2006 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
January 31, 2006 New ABA Guidelines on Inadvertently Received Materials Based on New ABA Model Rule
January 31, 2006 Insurance Insider
January 30, 2006 The Class Action Fairness Act of 2005: Navigating Through Its Sea of Uncertainty
January 25, 2006 Attorneys Rendering Incorrect Advice on Statute of Limitations Subject to Malpractice Liability Despite Viability of Underlying Action at the Time of Withdrawal
January 18, 2006 Court Enforces Partnership Agreement Allowing Law Firm to Collect 25 Percent of Fees Earned by Departing Partner from Former Firm Clients as Damages to the Firm
January 10, 2006 Attorney-Client Privilege Waiver Extends to Related Follow-Up Communications but the Presence of a Client’s Insurance Broker May Destroy Privilege
January 4, 2006 Hospitals Should Consider Bar Coding for Drugs and Biologics
January 3, 2006 Employment Practices Alert
January 3, 2006 Florida Allows Assignment of Legal Malpractice Claim When Part of a Broader Transaction
January 3, 2006 Insurance Insider
January 1, 2006 Lawyers' Professional Liability Update
December 22, 2005 The Professional Line
December 21, 2005 Law Firm Disqualified from Representing Defendants in Adverse Bankruptcy Proceedings Despite Liquidation Sale of Substantially All Assets and Name Change by Former Client/Plaintiff
December 21, 2005 Construction Law Update
December 16, 2005 State Bar Licensing Requirements Inapplicable to Practice Before Federal Agencies
December 7, 2005 City Police Director's Assertion of Qualified Immunity Defense to Civil Action Based on Advice Received From City Attorney Held Not to Waive City's Attorney-Client Privilege
December 2, 2005 Florida Attorneys May Not Use Pit Bull Logo or Words “Pit Bull” in Telephone Number in Advertising
December 1, 2005 Lawyers' Professional Liability Update
December 1, 2005 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
December 1, 2005 Final Rule: Insider Trading During Pension Fund Blackout Periods; Section 306(a) of the Sarbanes-Oxley Act of 2002 (the “Act”) (SEC Release No. 34-47225; January 22, 2003)
December 1, 2005 Employment Practices Alert
November 28, 2005 OIG Advisory Opinion 05-12 Determined That a Joint Venture Pediatric Day Treatment Facility Could Potentially Generate Prohibited Remuneration but no Administrative Sanctions Would Be Imposed Because Sufficient Safeguards Are Present
November 22, 2005 Liability Insurer and Reinsurer Held Not Entitled to Sue Insured’s Lawyer for Malpractice or Equitable Subrogation Where Insurer Had Failed to Follow Lawyer’s Advice
November 17, 2005 No Inherent Conflict of Interest Created by Law Firm’s In-House Consultation About Ethical and Legal Obligations Owed to a Firm Client
November 9, 2005 The Crime-Fraud Exception Does Not Extend to All Communications During an Attorney-Client Relationship
November 4, 2005 Florida Ethics Rules Prescribes Procedures for Leaving Firms and Dissolving Firms
November 4, 2005 Insurance Insider
November 1, 2005 The Report Card
November 1, 2005 Employment Practices Alert
October 28, 2005 OIG and CMS Release Proposed Regulations for Non-Monetary Remuneration Provided to Physicians for Technology and Services Needed to Electronically Transmit Prescription Drug Information
October 27, 2005 Evanston Northwestern Healthcare Corporation Ordered to Sell Highland Park Hospital for Violation of Section 7 of the Clayton Act
October 17, 2005 Dual Role of Corporate Counsel as Witness and Advocate for Defense on Appeal Supports Reversal of Judgment for Defendant and Remand for New Trial
October 12, 2005 Potential Liability Issues Arise in Illinois When Hospitals Electronically Scan and Save Medical Records and Destroy Original Paper Records
October 7, 2005 Insurance Insider
October 5, 2005 Prosecutor Acted in “Bad Faith” by Making Inconsistent But Plausible Factual Contentions in Separate Death Penalty Trials Against Separate Defendants
October 3, 2005 Employment Practices Alert
October 1, 2005 The Professional Line
September 30, 2005 “Thrust-upon” Conflicts May or May Not Require Disqualification
September 20, 2005 Illinois Governor Signs The Home Health and Hospice Drug Dispensation and Administration Act
September 15, 2005 Sarbanes-Oxley Alert: Revisions to Federal Reserve Board Capital Rules for Small Bank Holding Companies
September 8, 2005 Construction Law Update
September 1, 2005 Insurance Insider
September 1, 2005 Lawyers' Professional Liability Update
September 1, 2005 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
September 1, 2005 Employment Practices Alert
August 29, 2005 Limited Equitable Excuse of Condition Precedent Saves Attorney’s Coverage Under “Claims Made and Reported” Policy
August 23, 2005 Georgia Supreme Court Holds that the Burden of Proving Waiver of Attorney Work Product Protection Lies on Party Asserting the Waiver
August 18, 2005 Debt Collectors Strike Back: Attorney Sanctioned for Bringing FDCPA Claim Based on Collection Letters in Compliance with the "Safe Haven" Language
August 18, 2005 Governor Blagojevich Signs the Health Care Workplace Violence Prevention Act Affecting Mental Health and Developmental Disabilities Providers
August 9, 2005 Second Circuit Adopts “Functional Approach” to In-Firm Conflicts of Interest
August 4, 2005 Trial Court May Dismiss Attorney Fee Action if Attorney Fails to Notify Client of Right to Arbitrate but Client May Waive Arbitration
August 3, 2005 Executive Deferred Compensation Plans Now More Attractive for Tax-Exempt Employers
August 2, 2005 Illinois Workers’ Compensation Act Amended to Prohibit Balance Billing and to Stay Collection of Accounts with Claims Filed Before the Industrial Commission
August 1, 2005 Employment Practices Alert
August 1, 2005 Lawyers' Professional Liability Update
July 29, 2005 ABA Ethics Committee Announces Greater Latitude on Future Conflicts Waivers
July 28, 2005 Environmental & Land Use Law Bulletin
July 15, 2005 Insurance Insider
July 12, 2005 A Criminal Defendant has Received Ineffective Assistance of Counsel When His Attorney Fails to Obtain and Review a File from a Prior Conviction on Which the Prosecution Has Said it Will Rely for Proof of Aggravating Circumstances at the Sentencing Phase
July 6, 2005 Counsel Have a Duty to Determine if Fees Come From Funds Subject to a District Court Freeze Order and Must Disgorge Fees Received in Violation of That Order
July 5, 2005 Employment Practices Alert
July 1, 2005 An Attorney’s Representation of a Taxpayer and Concurrent Work for the Internal Revenue Service as an Expert Witness in an Unrelated Matter Did Not Justify Vacating a Stipulated Judgment on Conflict of Interest Grounds
June 27, 2005 Disqualification is Not Always Required by a Concurrent Client Conflict of Interest if the Balance of Hardships Weighs Strongly in Favor of Continued Representation of the Prior of the Two Clients
June 23, 2005 Illinois Hospital Licensing Act Amended to Prohibit Mandatory Overtime for Nurses
June 23, 2005 Construction Law Update
June 22, 2005 Recent Illinois Nursing and Advanced Practice Nursing Act Amendment Could Benefit Employers Seeking Services of Foreign-Born Nurses
June 21, 2005 Insurance Insider
June 21, 2005 Chapter 7 Trustee Lacks Standing to Pursue Malpractice Claims Against Attorneys that Belonged to the Creditors of the Bankrupt Entities and Not the Bankrupt Entities Themselves
June 20, 2005 House Bill 2343 Gives Illinois Consumers Greater Access to Information on Healthcare Costs
June 16, 2005 Summary Judgment Premised Upon a Judgmental Immunity Defense is not Proper Merely Because there was a Conflict in Pertinent Law
June 14, 2005 Environmental & Land Use Law Bulletin
June 13, 2005 SOX could fuel insurance problems, civil actions
June 13, 2005 New Pension Legislation Signed Into Law on June 5, 2005
June 13, 2005 Illinois Court of Appeals Holds that Implied-In-Fact Fee Agreement Between Attorney and Deceased Client can be Enforced by Executor of Former Client’s Estate
June 8, 2005 Insurance Insider
June 7, 2005 California Court of Appeal Imposes Duty on Decedent's Attorney to Protect Caretaker-Beneficiary Under Will from Loss of Inheritance
June 3, 2005 Lawyers Must Use Reasonable Care When Transmitting Documents by E-mail to Prevent the Disclosure of Client Confidences or Secrets in "Hidden" Metadata
June 1, 2005 Lawyers' Professional Liability Update
June 1, 2005 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
June 1, 2005 Limiting Liability for Design Professionals in Construction Defect Claims
June 1, 2005 Employment Practices Alert
June 1, 2005 New Pension Legislation Signed Into Law on June 1, 2005
May 11, 2005 Medical Liability Reform Bill Passes Illinois House Judiciary Committee
May 4, 2005 Seventh Circuit Holds the Time to Sue for Converted Checks Is Not Extended by the "Continuing Violation" Rule
May 3, 2005 20,000 Fiscal Year 2005 H-1Bs Available Starting May 12, 2005
May 3, 2005 Ineffective Assistance of Counsel Claim Premised Upon a Conflict of Interest Based Upon a Single Criminal Defense Attorney’s Representation of Father and Son Requires Specific Supporting Evidence and May Not Be Based on Speculation
May 2, 2005 Employment Practices Alert
May 1, 2005 The Real Deal on Zeal
May 1, 2005 The Report Card
May 1, 2005 The Professional Line
April 26, 2005 Limitations Period for Malpractice Claim Based on Antenuptial Agreement Did Not Begin to Run Until Divorce Court Awarded Property to Spouse that was Supposed to Have Been Protected in the Agreement
April 22, 2005 Department of Health and Human Services Issues Proposed Rule Seeking Monetary Penalties for Violating Administrative Simplification Rules under HIPAA
April 13, 2005 Legal Malpractice Claims Based Upon Attorney Involvement in Private Placement Memoranda Held Assignable
April 7, 2005 Employment Practices Alert
April 6, 2005 Recent ABA Ethics Opinions: Lawyers May Help Testator-Clients Disinherit Beneficiary-Clients and May Sue the Insureds of Client-Insurers Without Conflicts Waivers Due to Lack of Direct Adversity
April 1, 2005 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
April 1, 2005 Lawyers' Professional Liability Update
March 31, 2005 California Court Refuses to Allow Lawyer to Serve as Class Counsel and Named Plaintiff
March 25, 2005 Proof of Actual Innocence Not Required to Establish Legal Malpractice for Allowing Convicted Client to Serve Prison Sentence Longer than Court was Authorized to Impose
March 22, 2005 FTC Attacks PHO Contracting Arrangement as Illegal Price Fixing
March 21, 2005 U.S. Congress Adopts Extraordinary Law Regarding Terri Schiavo Case
March 16, 2005 Attorney Client Privilege Applies with “Special Force” to Confidential Conversations Between Public Officials and Their Counsel
March 15, 2005 Employment Practices Alert
March 10, 2005 Lawyer’s Liability as a Fiduciary to a Fiduciary
March 3, 2005 Fed Adopts Risk-Based Capital Standards for Trust Preferred Securities
March 2, 2005 Extension of Compliance Dates for Non-Accelerated Filers and Foreign Private Issuers Regarding Internal Control Over Financial Reporting Requirements
March 2, 2005 Employment Practices Alert
February 28, 2005 The Attorney-Client Privilege Survives the Death of a Natural Person but Terminates Upon Closing of the Estate
February 28, 2005 Eighth Circuit Rules Debt Collectors Are Not Liable Under FDCPA for Communicating with Consumer Represented by Counsel, Unless Debt Collector Has Actual Knowledge of Representation
February 25, 2005 Seventh Circuit Reverses Judgment for Punitive Damages and Emotional Distress in Breach of Contract Case Involving Mortgage Company
February 25, 2005 The OIG Recently Issued Advisory Opinions Indicating Sanctions Would Not Be Imposed on Several Hospitals Engaging in Gainsharing Programs
February 24, 2005 Hospitals Should Review and Revise Informed Consent Forms and Procedures to Comply with CMS Interpretive Guidelines
February 15, 2005 New York Insurance Agent Who Admitted Transcribing Wrong Effective Date for Insurance Policy Held Liable for Insured’s Lack of Coverage for Claim
February 14, 2005 A Lawyer Retained to Incorporate a Corporation Generally Represents the Entity to be Incorporated and Not the Incorporator
February 11, 2005 Person Convicted of Crime Need Not Prove Actual Innocence When Asserting Contract Claim Against Defense Counsel
February 10, 2005 OIG Approves Gain Sharing Plan
February 7, 2005 Second Circuit Sets Standards for Private Party Attorney Fee Recovery Under the Hyde Amendment
February 2, 2005 Taxable Income to Civil Rights Case Plaintiff Includes Portion of Recovery Paid to Plaintiff’s Counsel as Contingent Fees
February 1, 2005 Employment Practices Alert
February 1, 2005 Lawyers' Professional Liability Update
February 1, 2005 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
February 1, 2005 Conflicts in Ethics Law: In re Summer and New Oregon RPC 8.5(b)
February 1, 2005 The Report Card
January 31, 2005 No Statutory Protection Against Libel and Slander Claim Exists When Attorney Makes Comments Not Related to Facts Introduced into Evidence in the Underlying Proceeding
January 27, 2005 City of Chicago Passes Ordinance Imposing Penalties for Submitting False Claims
January 19, 2005 Ethics Opinion: A Lawyer May Refer a Non-Client to Other Competent Counsel Even if the Non-Client is Adverse to a Client of the Referring Lawyer
January 14, 2005 New Jersey Court Holds That An Associate’s Claim of a Discretionary Bonus Raises a Factual Issue for the Jury to Decide
January 12, 2005 Office of Inspector General Approves Insurance Subsidy for Neurosurgeons
January 6, 2005 In California, the Party Seeking Discovery May Have to Pay the Cost of Restoring Electronic Data to Usable Form
January 1, 2005 Florida Lawyers' Malpractice & Ethics Update
January 1, 2005 The Professional Line
January 1, 2005 Some Gifts Are Too Good To Be True: The Inadvertent Disclosure of Privileged Documents
December 20, 2004 Pre-Merger Agreement Among a Law Firm's Members Violates District of Columbia Rule 5.6(a)
December 16, 2004 Employment Practices Alert
December 15, 2004 Attorney-Client Privilege Dissolved in Case Where the Statute of Limitations is Pleaded as a Defense
December 13, 2004 New Law Makes Sweeping Changes to Deferred Compensation Plans Effective 2005
December 9, 2004 Attorney Has an Affirmative Duty to Determine His Client’s Immigration Status - And to Provide Him with Specific Advice Regarding the Impact a Guilty Plea Would Have On It
December 2, 2004 Attorney Subject to Legal Malpractice Claim for Breach of the Duty of Loyalty Even if there is No Evidence That Actual Disclosures of Confidential Information Occurred
November 24, 2004 SEC Approves Nasdaq's Revised Corporate Governance Rules
November 24, 2004 Contentious Law Firm "Divorce" Nets Plaintiff $2.5 Million Damage Award
November 24, 2004 Advanced Copy of the Proposed Rule to Revise Approved ASC Procedures Released
November 23, 2004 SEC Approves Revisions to NYSE Corporate Governance Rules
November 18, 2004 SEC Postpones Final Phase-In Period for Acceleration of Periodic Report Filing Dates
November 9, 2004 Accused Patent Infringer’s Invocation of Attorney-Client Privilege Does Not Lead to Inference That Legal Opinion Was Unfavorable
November 1, 2004 The Report Card
October 29, 2004 Illinois Court Holds that Lawyers May Be Liable in Legal Malpractice for Punitive Damages Not Recovered in the Underlying Case
October 24, 2004 Learning From Rocket Science
October 24, 2004 Conflicts Primer
October 24, 2004 Legal Department Risk Management: The Time is Now
October 21, 2004 Illinois Appellate Court Recently Held that the Federal Health Care Quality Improvement Act of 1986 Preempts State Law
October 20, 2004 New Regulations Highlight Need for Changes to COBRA Notices and Summary Plan Descriptions
October 20, 2004 SEC Interpretation of Business Combination Voting Issues
October 19, 2004 Attorney Bills Not Automatically Protected from Disclosure by the Attorney-Client Privilege
October 13, 2004 Employment Practices Alert
October 4, 2004 Attorney Suspended for 30 Days for Failure to Supervise Associate
October 1, 2004 Lawyers' Professional Liability Update
October 1, 2004 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
September 30, 2004 Construction Law Update
September 29, 2004 Illinois Health Facilities Planning Board Will Meet Oct. 20 to Consider Backlog of Applications
September 27, 2004 A Law Firm Can Qualify as a “Debt Collector” Under the Fair Debt Collection Practices Act
September 27, 2004 Working Knowledge of Conflict of Interest Rules is Essential
September 23, 2004 In-House Counsel/Whistleblower Authorized to Use Company Secrets in Action Against Company
September 7, 2004 Privileges Deemed Waived for Failure to Produce a Privilege Log
August 30, 2004 House Counsel Update
August 19, 2004 Illinois Adopts Rule Mandating Disclosure of Malpractice Insurance
August 13, 2004 Employment Practices Alert
August 1, 2004 Florida Lawyers' Malpractice & Ethics Update
July 30, 2004 Attorney Immune from Liability under Labor Management Relations Act, Section 301(b)
July 30, 2004 Additional 8-K Disclosure Requirements Effective August 23, 2004
July 28, 2004 Legislation Passes Allowing Governor to Overhaul Health Facilities Planning Board
July 27, 2004 Attempt to Disqualify KPMG for Allegedly Advising Client to Implement Illegal Tax Strategy Unsuccessful
July 20, 2004 Attorney Should Inform Client of Alternative Avenues of Relief
July 13, 2004 Defense Litigation Alert
July 7, 2004 Oral Charging Liens Held Not Enforceable
July 7, 2004 Chicago Loop Blaze Report Urges Fire Department Revamp
July 1, 2004 Lawyers' Professional Liability Update
July 1, 2004 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
June 22, 2004 Federal Trade Commission Will Not Enforce Gramm-Leach-Bliley Act Against Attorneys
June 22, 2004 Employment Practices Alert
June 14, 2004 Outside Corporate Counsel Not Entitled to Statutory Indemnification
June 7, 2004 Malicious Prosecution: Continuing to Prosecute After Learning of Lack of Probable Cause
June 4, 2004 SEC Proposes Rules Implementing Gramm-Leach-Bliley Bank Broker Rules
June 1, 2004 Case-Within-a-Case Methodology is Not Always Required
June 1, 2004 The Professional Line
May 19, 2004 Lawyer/Defendant Has Burden of Proving Collectibility of the Judgment in the Underlying Case
May 12, 2004 New Developments in Overtime Regulations
May 11, 2004 Legal Malpractice Plaintiffs' Claims Fail When Unable to Show More Favorable Result "But For" Transactional Malpractice
May 7, 2004 Employment Practices Alert
May 7, 2004 Professional Conduct Rule Requiring Written Fee Sharing Agreement and Client Consent Does Not Bar Quantum Meruit Recovery
May 7, 2004 Risk-Based Capital Standards: Trust Preferred Securities and the Definition of Capital
May 6, 2004 Soliciting, Investigating & Responding to Complaints Under the Sarbanes-Oxley Act
May 5, 2004 Insurance Industry - HR Alert
May 4, 2004 Law Firm Not Allowed to Withdraw Despite a Concurrent Representation Conflict
May 1, 2004 Florida Lawyers' Malpractice & Ethics Update
April 29, 2004 New Overtime Regulations
April 26, 2004 The “Entity Rule” Applies Retroactively When Individuals Hire Attorneys to Form Corporations
April 19, 2004 California Rules Related to Multi-Jurisdictional Practice
April 19, 2004 California Rules Related to Multi-jurisdictional Practice
April 19, 2004 Multi-Jurisdictional Practice and Unauthorized Practice of Law
April 9, 2004 Construction Law Update
April 6, 2004 Joint Defense Agreements Do Not Always Protect Communications
April 1, 2004 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
April 1, 2004 Learning from Rocket Science
April 1, 2004 Lawyers' Professional Liability Update
April 1, 2004 Beyond the Black Letter
March 31, 2004 Employment Practices Alert
March 30, 2004 Attorney-Client Privilege and Work Product Protection Considered Waived By Disclosure to the Government Notwithstanding Confidentiality Agreements
March 24, 2004 New Fairness in Contracting Act Affects Illinois Insurers, Providers and Beneficiaries
March 22, 2004 SEC Additional 8-K Disclosure Requirements and Acceleration of 8-K Filing Date
March 15, 2004 Finding and Using Opposing Counsel’s Notes of Expert Witness Interview Results in Disqualification
March 3, 2004 Who's Recusing and Who's Refusing?
February 27, 2004 Law Firm Can be Liable for Failing to Adequately Advise of Financial Risks
February 26, 2004 Employment Practices Alert
February 24, 2004 SEC Extends Time for Complying with Rules Governing Management’s Report on Internal Control Over Financial Reporting and Certification of Disclosure in Exchange Act Periodic Reports
February 20, 2004 Office of Inspector General Posts Guidance on Hospital Discounts for the Uninsured
February 17, 2004 New York Court Holds That an IP Law Firm Representing Clients with Competing Technologies Engages in a Conflict of Interest
February 11, 2004 FTC Challenges Hospital Merger
February 11, 2004 The Attorney-Client Relationship May Not End When You Think It Does
February 3, 2004 In a Complex World, Even Lawyers Need Lawyers
January 12, 2004 Employment Practices Alert
January 1, 2004 The Report Card
January 1, 2004 Florida Lawyers' Malpractice & Ethics Update
January 1, 2004 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
January 1, 2004 Lawyers' Professional Liability Update
December 17, 2003 Employment Practices Alert
December 9, 2003 Nasdaq Corporate Governance Proposals
December 5, 2003 Disclosure Regarding Nominating Committee Functions and Communications Between Security Holders and Boards of Directors
December 2, 2003 Exchange Act Rule 10b-18 Purchases of Certain Equity Securities by the Issuer and Others
December 1, 2003 Hinshaw Health Law Newsletter
November 20, 2003 NYSE Final Corporate Governance Rules
November 12, 2003 Employment Practices Alert
November 10, 2003 Fifth Circuit Rules Against Hospital in St. David's Health Care Case
November 1, 2003 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
November 1, 2003 The Report Card
November 1, 2003 Lawyers' Professional Liability Update
October 28, 2003 Hinshaw Health Law Newsletter
October 27, 2003 SEC Proposed Rule: Security Holder Director Nominations
October 8, 2003 Employment Practices Alert
October 1, 2003 Defending Against Wrongful Birth and Wrongful Life Claims
October 1, 2003 Florida Lawyers' Malpractice & Ethics Update
September 17, 2003 The Hospital Report Card Act Enacted, Requiring Many New Reporting Procedures Within Hospitals
September 12, 2003 Hinshaw Hospital Client Succeeds in its Fight with the Secretary to Delete Invalid Medicare Secondary Payer (MSP) Regs from the C.F.R.
September 9, 2003 Hinshaw Health Law Newsletter
September 4, 2003 Employment Practices Alert
August 5, 2003 Employment Practices Alert
August 1, 2003 The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management
August 1, 2003 Lawyers' Professional Liability Update
July 25, 2003 Management’s Reports on Internal Control Over Financial Reporting and Certification of Disclosure in Exchange Act Periodic Reports
July 15, 2003 Employment Practices Alert
July 8, 2003 Handling Subpoenas in the New HIPAA World
July 1, 2003 Lawyers' Malpractice Prevention Update
July 1, 2003 Florida Lawyers' Malpractice & Ethics Update
July 1, 2003 Practical Considerations in Responding to Subpoenas and Search Warrants
July 1, 2003 Lawyers' Professional Liability Update
June 20, 2003 Employment Practices Alert
June 10, 2003 Labor Department Issues Proposed Regulations Regarding COBRA Notices
June 1, 2003 The Professional Line
June 1, 2003 The Asbestos Compensation Fairness Act
June 1, 2003 Defense Litigation Alert
June 1, 2003 Employment Practices Alert
May 30, 2003 SEC Rule Concerning the Improper Influence on the Conduct of Audits
May 20, 2003 Mandated Electronic Filing and Website Posting for Forms 3, 4 and 5; Implementation of Section 403 of the Sarbanes-Oxley Act of 2002
May 15, 2003 Employment Practices Alert
May 14, 2003 Publication 3
May 2, 2003 Standards Relating To Listed Company Audit Committees
May 1, 2003 Is Mold an Excluded Pollutant? Insurance Considerations for Mold Bodily Injury Litigation
May 1, 2003 Employment Practices Alert
April 26, 2003 Corporate Lawyering in the Wake of Sarbanes-Oxley
April 26, 2003 State Spending Soars for Outside Legal Services in FY '02
April 25, 2003 SEC Votes to Mandate Electronic Filing of Ownership Reports; Prohibit Improper Influence of Auditors
April 23, 2003 NYSE Proposals Concerning Director Independence
April 23, 2003 Filing Guidance Related To: Conditions for Use of Non-GAAP Financial Measures; and Insider Trades During Pension Fund Blackout Periods
April 22, 2003 Drew Named to Head Hinshaw's St. Louis Office
April 17, 2003 SEC to Review Current Proxy Rules and Regulations to Improve Corporate Democracy
April 15, 2003 Employment Practices Alert
April 2, 2003 SEC Requires Exchange Listing Standards for Audit Committees
April 1, 2003 Employment Practices Alert
April 1, 2003 Attorney Disciplinary Proceedings: Illinois Practice and Procedure
April 1, 2003 Environmental Regulation & Litigation
April 1, 2003 Florida Lawyers' Malpractice & Ethics Update
April 1, 2003 Lawyers' Malpractice Prevention Update
March 27, 2003 Proposed SEC rules re: Filing Procedures for Section 302 and 906 Certifications (SEC Release No. 33-8212; March 21, 2003)
March 27, 2003 Electronic Filing of Forms 3, 4 and 5
March 27, 2003 Effective Date for Use of Non-GAAP Financial Measures and Filing of Earnings Releases with the SEC
March 26, 2003 Corporate Counsel Attorneys Who Represent Companies Face Higher Possibility of Liability to Non-Clients
March 26, 2003 Malpractice: Speakers Analyze Coverage Market, Explain How to Reduce Chance of Claims
March 1, 2003 Lawyers' Malpractice Prevention Update
March 1, 2003 Lawyers' Professional Liability Update
March 1, 2003 Actions Up for Breach of Fiduciary Duty
February 18, 2003 Final Rule: Strengthening the Commission’s Requirements Regarding Auditor Independence; Sections 201-204 and 206 of the Sarbanes-Oxley Act of 2002 (the “Act”) (SEC Release No. 33-8183; January 28, 2003)
February 4, 2003 Disclosure in Management’s Discussion and Analysis about Off-Balance Sheet Arrangements and Aggregate Contractual Obligations; Section 401(a) of the Sarbanes-Oxley Act of 2002
February 1, 2003 Avoiding the Director Dilemma
February 1, 2003 Avoid Malpractice ... Without Endangering Your License
January 31, 2003 Disclosure Required by Sections 406 and 407 of the Sarbanes-Oxley Act of 2002
January 31, 2003 Insider Trading During Pension Fund Blackout Periods; Section 306(a) of the Sarbanes-Oxley Act of 2002
January 27, 2003 SEC Adopts Attorney Conduct Rule Under Sarbanes-Oxley Act
January 27, 2003 SEC Adopts Rules on Provisions of Sarbanes-Oxley Act of 2002 -- Actions Cover Non-GAAP Financials, Filings of Earnings Releases, Trading During Blackout Periods, Audit Committee Financial Expert Requirements
January 27, 2003 SEC Adopts Attorney Conduct Rule Under Sarbanes-Oxley Act
January 27, 2003 Retention of Records Relevant to Audits and Reviews; Section 802 of the Sarbanes-Oxley Act of 2002
January 27, 2003 Conditions for Use of Non-GAAP Financial Measures; Section 401(b) of Sarbanes-Oxley Act of 2002
January 27, 2003 SEC Final Rules Adopted Pursuant to Sarbanes-Oxley Act of 2002 -- Retention of Records Relevant to Audits and Reviews
January 27, 2003 SEC Final Rule: Conditions for Use of Non-GAAP Financial Measures; Filings of Earnings Releases on Form 8-K; Section 401(b) of Sarbanes-Oxley Act of 2002 (the "Act"); (SEC Release No. 33-8176; January 23, 2003)
January 27, 2003 SEC Final Rules Adopted Pursuant to Sarbanes-Oxley Act of 2002 -- Strengthening Auditor Independence
January 27, 2003 SEC Final Rules Adopted Pursuant to Sarbanes-Oxley Act of 2002 -- Disclosure of Off-Balance Sheet Arrangements and Aggregate Contractual Obligations
January 27, 2003 SEC Final Rule: Conditions for Use of Non-GAAP Financial Measures; Section 401(b) of Sarbanes-Oxley Act of 2002 (the "Act"); (SEC Release No. 33-8176; January 23, 2003)
January 17, 2003 SEC Adopts Rules on Provisions of Sarbanes-Oxley Act of 2002 -- Actions Cover Non-GAAP Financials, Filings of Earnings Releases, Trading During Blackout Periods, Audit Committee Financial Expert Requirements
January 1, 2003 Liability Beyond Tort and Contract: Copyright and False Designation
January 1, 2003 Lawyers' Professional Liability Update
January 1, 2003 Lawyers' Malpractice Prevention Update
January 1, 2003 Employee and Director Accountability to Shareholders: Doing Business for Business Owners
December 1, 2002 Defense Litigation Alert
December 1, 2002 Florida Lawyers' Malpractice & Ethics Update
October 1, 2002 The Report Card
October 1, 2002 Lawyers' Malpractice Prevention Update
October 1, 2002 The Role of Defense Counsel Within the First 24 Hours Following a Catastrophic Accident
October 1, 2002 Lawyers' Professional Liability Update
September 9, 2002 Sarbanes-Oxley Act
September 4, 2002 Certification of Disclosure in Companies’ Quarterly and Annual Reports
September 4, 2002 SEC Approves Rules to Accelerate the Filing Deadline Applicable to Change of Beneficial Ownership Reports
September 1, 2002 The Professional Line
September 1, 2002 Indoor Air Quality
September 1, 2002 Professional Responsibility Update - Corporate Counsel Edition
September 1, 2002 Florida Lawyers' Malpractice & Ethics Update
September 1, 2002 Improving the Profitability and Managing the Risks of Law Practice
August 30, 2002 Accelerated Filing Deadlines
August 13, 2002 CEO and CFO Certification Requirements
August 1, 2002 Lawyers' Professional Liability Update
August 1, 2002 Lawyers' Malpractice Prevention Update
July 1, 2002 Lawyers' Professional Liability Update
July 1, 2002 Toxic Exposure Litigation
July 1, 2002 Lawyers' Malpractice Prevention Update
June 24, 2002 SEC Proposed Rules Re: Additional Form 8-K Disclosure Requirements and Acceleration of Form 8-K Filing Date (Updated as of March 3, 2004)
June 14, 2002 Nasdaq Proposed Rule Change Concerning Corporate Governances
June 1, 2002 The Report Card
June 1, 2002 Defense Litigation Alert
May 1, 2002 Lawyers' Professional Liability Update
May 1, 2002 Environmental Regulation & Litigation
May 1, 2002 Lawyers' Malpractice Prevention Update
April 1, 2002 Environmental Law Issues and New Federal CERCLA Developments
April 1, 2002 The Report Card
March 1, 2002 RealLaw
March 1, 2002 The Professional Line
March 1, 2002 Americans With Disabilities Act Relief for Employers from the Supreme Court
February 1, 2002 Nursing Mothers in the Workplace Act is in Effect
January 1, 2002 UCC Revised Article 9
January 1, 2002 Indoor Air Quality
December 1, 2001 The Report Card
December 1, 2001 Lawyers' Malpractice Prevention Update
December 1, 2001 The Professional Line
December 1, 2001 Lawyers' Professional Liability Update
November 1, 2001 Lawyers' Malpractice Prevention Update
November 1, 2001 Lawyers' Professional Liability Update
October 1, 2001 Identifying Your Clients: What Did You Say Your Name Was?
September 5, 2001 The New Estate Tax Law/The Long Goodbye
September 1, 2001 The Report Card
September 1, 2001 RealLaw
August 1, 2001 Lawyers' Professional Liability Update
August 1, 2001 Lawyers' Malpractice Prevention Update
July 1, 2001 Estate and Gift Taxes Increase in Applicable Credit Amount Under the Economic Growth and Tax Relief Reconciliation of 2001
July 1, 2001 Legislative Changes Made in 2001 Affecting Qualified Retirement Plans
June 1, 2001 Lawyers' Malpractice Prevention Update
June 1, 2001 Lawyers' Professional Liability Update
April 1, 2001 Toxic Exposure Litigation
April 1, 2001 Lawyers' Malpractice Prevention Update
April 1, 2001 Lawyers' Professional Liability Update
January 1, 2001 Lawyers' Professional Liability Update
January 1, 2001 Lawyers' Malpractice Prevention Update
January 1, 2001 2001 Illinois Municipal Tort Liability
November 1, 2000 Lawyers' Malpractice Prevention Update
November 1, 2000 Lawyers' Professional Liability Update
October 1, 2000 Indoor Air Quality
October 1, 2000 Toxic Exposure Litigation
September 1, 2000 The Report Card
August 1, 2000 Lawyers' Malpractice Prevention Update
August 1, 2000 Lawyers' Professional Liability Update
July 1, 2000 Proof of Medical Causation in Toxic Tort Cases Filed in the State of Illinois
June 1, 2000 The Report Card
May 1, 2000 Moonlighting Lawyers May Face Discipline and Civil Liability
May 1, 2000 Toxic Exposure Litigation
May 1, 2000 Breaking Away: Avoiding Malpractice When the Attorney-Client Relationship Ends
February 1, 2000 Indoor Air Quality
February 1, 2000 Lawyers' Professional Liability Update
February 1, 2000 Lawyers' Malpractice Prevention Update
January 1, 2000 Summary of Changes in the School Code and Other Laws:
December 1, 1999 Lawyers' Professional Liability Update
December 1, 1999 Clients Who Get Attention Are Less Likely to Sue Their Lawyers
December 1, 1999 Lawyers' Malpractice Prevention Update
November 1, 1999 The Report Card
September 1, 1999 Do Comprehensive General Liability Policies Cover Damages to Property that Must Be Repaired or Replaced in Order to Remove Defective Work?
September 1, 1999 Lawyers' Malpractice Prevention Update
September 1, 1999 Lawyers' Professional Liability Update
September 1, 1999 E-Mail May Raise Risk of Breach of Attorney-Client Privilege
August 1, 1999 Lawyers' Professional Liability Update
June 1, 1999 Lawyers' Professional Liability Update
June 1, 1999 Lawyers' Malpractice Prevention Update
May 1, 1999 The Report Card
April 1, 1999 Resolving Contract Ambiguity: Parol Evidence Versus the Rules of Contract Construction
February 1, 1999 Lawyers' Malpractice Prevention Update
December 1, 1998 Admissability of Social Security and Workers' Compensation Payments Associated with Prior Accidents
November 1, 1998 Lawyers Professional Liabilty Update
August 1, 1998 Lawyers' Professional Liability Update
August 1, 1998 Lawyers' Malpractice Prevention Update
August 1, 1998 Uninsured and Underinsured Motorist Update
August 1, 1998 A Loss Prevention Primer for the Dabbler
July 1, 1998 Lawyers' Professional Liability Update
July 1, 1998 Lawyers' Malpractice Prevention Update
June 1, 1998 Issues Facing In-House Counsel
May 1, 1997 Conducting Internal Corporate Criminal Investigations
December 1, 1996 The MCS-90 Endorsement
September 1, 1996 Some Thoughts on Foot-In-Mouth Disease
December 1, 1991 The Basics of White Collar Criminal Defense
November 1, 1989 The Insurer Defense Obligation: A Survey of the 50 States