On April 29, 2015, California's Third District Court of Appeal granted the petition filed by Hinshaw's Lawyers for the Profession® attorneys Edward Donohue and Jared Matheson on behalf of their client, in a precedent setting opinion concerning venue in a multi-defendant lawsuit. The Court held that both the purpose and the policy of California's venue rule, California Code of Civil Procedure section 396b, favors an interpretation that requires answers of all proper defendants be filed before an opposition to a motion to transfer venue to a correct court will be considered by the court on the basis of convenience of witnesses or the ends of justice. The decision implements a new civil procedure standard, applicable to all lawsuits involving more than one defendant and affecting all areas of civil practice. The opinion has been certified for publication.

Hinshaw partner Edward Donohue recently addressed the heightened risks of elder abuse attorney malpractice claims in a Law360 Expert Analysis byline.

In a new article published by Claims Litigation Management (CLM) Magazine, Hinshaw partner Ed Donohue was among a group of professionals who analyzed the business impacts of a global Microsoft Windows outage triggered by a CrowdStrike software update distributed on July 19, 2024.

Hinshaw attorney Edward Donohue was extensively quoted in an article published by the Claims and Litigation Management Alliance (CLM) Magazine. The article reported on findings in a Comparitech survey that indicated almost one in five ransomware attacks led to a lawsuit in 2023. Of the 355 lawsuits filed, the majority involved data breach claims. The average case settlement was $2.2 million.

Hinshaw partners Ed Donohue and Cassidy Chivers are scheduled to present a program at the 2019 Special Needs Planning Symposium on February 7, 2019 from 8:00 – 10:00 a.m. Pacific at the Hyatt Regency in Santa Rosa, California. Titled "Ethics of Cyber Security and Diminished Capacity," the presentation will address the legal duties of professionals as they apply to cyber security and safeguarding client data, as well as the gray area of when an assessment of a client's capacity is appropriate.

Hinshaw & Culbertson LLP partners Edward F. Donohue and Robert J. Romero will present "Attorney-Client Privilege in House Counsel Environment," at the Twenty-Sixth Annual Association of California Insurance Companies (ACIC) General Counsel Seminar July 22, 2015. For more information, or to register, please visit the event website.

JW Marriott  San Antonio Hill Country23808 Resort ParkwaySan Antonio, TX 78261

The Occupational Health and Safety Act (the OHS) was signed into law in 1970 and established the Occupational Health and Safety Administration (OSHA), as part of the U.S. Department of Labor.[1] Under the so-called "general duties" provision in Section 5(a)(1) of the OHS, all employers are required to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."[2]

As we say goodbye to 2024, we are pleased to announce our 2024 Hinshaw Readers’ Choice Awards in the professional liability and legal ethics category. The following are the Top 5 posts receiving the highest levels of engagement from our readers in 2024 on topics ranging from financial elder abuse claims and bar advisory opinions to attorney disqualification motions.

On April 4, 2017 the U.S. Department of Labor issued an order effective April 9, 2017, stating that implementation of the so-called investor Fiduciary Rule applicable to Individual Retirement Accounts will go into effect June 9, 2017. Under the rule, all salespersons that sell investment products to IRA customers will now be subject to uniform fiduciary standards and DOL oversight.

Behunin v Superior Court, __ Cal. Rptr. 3d ___ 2017 WL 977095 (March 16, 2017)

In states with Financial Elder Abuse statutes, legal malpractice claims by seniors invoking those statutes are common. These laws are generally understood to address the conversion of property of elderly or dependent adults based on undue influence or duress. In fact, liability can usually be established based on a showing of any wrongful taking of the elder's property.[1]

Hinshaw’s Labor & Employment newsletter has two stories this month with a nexus to recent U.S. Supreme Court decisions which are favorable to employers. Our first story reviews recent efforts by the New York legislature and the City of New York to expand employee protections in response to these decisions. Our second story reviews the potential impact of the recent Epic Systems decision on California employers and a California employment protection law.

By: Edward F. Donohue, IIIOverviewIn a review engagement, no external verification of the client’s financial information is normally required. A review engagement is distinguished from an audit engagement in that the accountant provides a “negative opinion.” The accountant verifies only that the financial statement has been prepared in accordance with accepted accounting standards and that no known material changes need to be made. The resulting unaudited financial statement is considered the representation of management. The accountant expresses no affirmative opinion as to whether the underlying financial information has withstood testing pursuant to audit standards.