Legal Updates

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CORONAVIRUS (COVID-19) RESOURCE CENTER
Hinshaw resources on the COVID-19 pandemic
OIG Advisory Opinion 22-08 Permits a Federally Qualified Health Center to Provide Smartphones to Patients to Promote Access to Telehealth and Social Isolation/Loneliness Benefits
Health Care Alert
May 20, 2022
Summary Judgment Granted in Defendants' Favor As There Was No Attorney-Client Relationship Between Plaintiffs And Defendants
Lawyers for the Profession®
May 13, 2022
DOJ and EPA Announce Comprehensive Strategy to Hand Out Environmental Justice Nationwide
Insights for Insurers
May 11, 2022
USCIS Announces Increased Automatic Extension Period for Certain EAD Applicants
Insights for Employers
May 10, 2022
Lawyer Unsuccessfully Attempts to Invoke Statute of Limitations Defense in Malpractice Claim Alleging He Missed Statute of Limitations on Underlying Claims
Lawyers for the Profession®
May 2, 2022
California Appellate Court Denies Anti-SLAPP Motion and Sanctions Attorney for his "Tunnel Vision"
Lawyers for the Profession®
April 26, 2022
Illinois Court Holds Plaintiff Failed to Show Her Attorneys Mishandled Discovery or That She Would Have Prevailed in Underlying Case
Lawyers for the Profession
April 12, 2022
In Unusual Ruling, Rhode Island Supreme Court Excuses Statute of Limitations Violation Because of COVID-Related Issues
Lawyers for the Profession
April 5, 2022
Third Circuit Affirms Plaintiff Must Establish He Would Have Prevailed in Underlying Case But For Attorneys' Alleged Negligence
Lawyers for the Profession®
March 30, 2022
New York Appellate Court Rules Insurer Accepting Service and Assigning Counsel to Defend Defunct Insured Retains Coverage Defenses and is Only Liable for Settlements on a Pro Rata Basis
Insights for Insurers
March 24, 2022
COVID-19 Coverage Litigation: Insurers Maintain Unbeaten Record in All Appellate Court Decisions to Date
Insights for Insurers
March 24, 2022
Colorado Supreme Court Rules Insurance Adjuster is not Personally Liable for Claim Denial
Insights for Insurers
March 16, 2022
Part Seven: Reviewing Key U.S. Insurance Decisions, Trends, & Developments
Insights for Insurers
March 15, 2022
California Court: Attorney's Failure to Cite Known Adverse Authority Violated Duty of Candor To Court
Lawyers for the Profession®
March 11, 2022
Part Six: Reviewing Key U.S. Insurance Decisions, Trends, & Developments
Insights for Insurers
March 10, 2022
Part Five: Reviewing Key U.S. Insurance Decisions, Trends, & Developments
Insights for Insurers
March 3, 2022
Part Four: Reviewing Key U.S. Insurance Decisions, Trends, & Developments
Insights for Insurers
March 1, 2022
Split Panel of the Seventh Circuit Rules Largely in Favor of Policyholder on Defense Issues for Nassar USAG Sexual Assault Claims Under D&O Policy
Insights for Insurers
March 1, 2022
The Texas Supreme Court Expands the Circumstances Under Which Extrinsic Evidence Can Be Used by Insurers to Disclaim A Defense
Insights for Insurers
February 17, 2022
Part Three: Reviewing Key U.S. Insurance Decisions, Trends, & Developments
Insights for Insurers
February 15, 2022
U.S. Senate Approves Bill That Makes Mandatory Arbitration Provisions Unenforceable in Cases of Sexual Assault or Sexual Harassment
Insights for Employers
February 11, 2022
Part Two: Reviewing Key U.S. Insurance Decisions, Trends, & Developments
Insights for Insurers
February 11, 2022
Illinois Joins a Host of States to Reduce and Later Ban the Use of PFAS in Firefighting Foam
Hinshaw Alert
February 10, 2022
When Aggressive Settlement Tactics Go Too Far: California Appellate Court Holds Counsel's Threat to Reveal Opponent's Alleged Illegal Activity was Extortion
Lawyers for the Profession®
February 8, 2022
Illinois Supreme Court Rules the Illinois Workers' Compensation Act Does Not Bar BIPA Claims When No Actual Damages Are Alleged
Insights for Employers
February 4, 2022
"Bonus Payment" Phishing Emails Are Seeking New Ransomware Victims
Law Firm Cyber Alerts
February 3, 2022
Part One: Reviewing Key U.S. Insurance Decisions, Trends, & Developments
Insights for Insurers
February 3, 2022
Illinois Supreme Court Applies Adverse Judgment Rule, Rejects Statute of Limitations Defense in Legal Malpractice Claim
Lawyers for the Profession®
February 1, 2022
Defendant's Due Process Rights Violated When Counsel's Remote Technology Prevented Meaningful Participation in Trial
Lawyers for the Profession®
January 24, 2022
Amendments Proposed to New York's Comprehensive Insurance Disclosure Act
Insights for Insurers
January 21, 2022
SCOTUS Reimposes National Stay on Enforcement of OSHA's COVID-19 ETS
Insights for Employers
January 14, 2022
SCOTUS Confirms Enforcement of CMS Emergency Regulation Mandating Workforce COVID-19 Vaccinations
Health Care Alert
January 14, 2022
FAQs on New Chicago Ordinance Requiring Written Employment Contracts for Domestic Workers
Insights for Employers
January 13, 2022
New York Imposes Sweeping New Insurance Disclosure Requirements on Defense Counsel and Insurers
Insights for Insurers
January 12, 2022 | Updated January 21, 2022
Now is the Time to Prepare for the H-1B Cap Season
Insights for Employers
January 11, 2022
Laboratory Testing Presents Business Opportunities for Community Pharmacies
Health Care Alert
January 11, 2022
California Expands Non-Economic Damages In Survival Actions
Hinshaw Alert
December 30, 2021
A Primer on Changes Made to the Texas Mechanic’s and Materialman’s Liens Act, Effective January 1, 2022
Hinshaw Alert
December 28, 2021
The Bell Tolls for the "Bellefonte Cap"
Insights for Insurers
December 28, 2021
Sixth Circuit Dissolves Nationwide Stay of OSHA's Emergency Temporary Standard, Compliance Deadlines Back in Effect
Insights for Employers
December 19, 2021
FTC Overhauls Safeguards Rule Regarding Customer Information Applicable to Auto-Dealers and Other "Financial Institutions"
Hinshaw Privacy & Cyber Bytes
December 2, 2021
Kentucky Court Enjoins Enforcement of Biden's Executive Order 14042 Mandating COVID Vaccine for Federal Contractors
Insights for Employers
December 1, 2021 | Updated December 7, 2021
District Court in Missouri Blocks Implementation of CMS Emergency Regulation Mandating Workforce COVID-19 Vaccinations
Health Care Alert
November 30, 2021 | Last Updated December 30, 2021
Florida Governor DeSantis Signs a New Florida Law Governing COVID-19 Vaccination Mandates
Insights for Employers
November 22, 2021
Sixth Circuit Selected in Lottery Process to Preside Over Legal Challenges to OSHA's Vaccination ETS
Insights for Employers
November 17, 2021
Fifth Circuit Grants Stay of OSHA's Mandatory Vaccination ETS, Voices "Grave Statutory and Constitutional" Concerns
Insights for Employers
November 15, 2021
FAQs: CMS Issues Emergency Regulation Mandating Workforce COVID-19 Vaccinations by Medicare/Medicaid-Certified Providers and Suppliers
Health Care Alert
November 9, 2021
OSHA Issues ETS Requiring Employee COVID-19 Vaccinations
Insights for Employers
November 5, 2021 | Updated November 10, 2021, December 1, 2021
Practical Tips to Mitigate the Risk of Being Hacked by Fake IRS or Google Voice Scams
Law Firm Cyber Alerts
November 3, 2021
FTC to Increase Enforcement Against Illegal Dark Patterns Targeting Consumers with Subscription Schemes
Hinshaw Privacy & Cyber Bytes
November 3, 2021
New California Law Prohibits Chain Community Pharmacy Productivity Quotas for Pharmacists and Pharmacy Technicians
Health Care Alert
October 27, 2021
Second Circuit Rules Indemnity Provision in Construction Contract Trumps "Other Insurance" Clause in Determining Priority of Coverage
Insights for Insurers
October 27, 2021
Illinois Appellate Court Reverses Summary Judgment for Defendants on Plaintiffs' Malpractice Claims Stemming From $2.8 Million Estate Dispute
Lawyers for the Profession®
October 26, 2021
Eleventh Circuit Finds Attorneys Owed No Duty to be Clairvoyant on Unsettled Law
Lawyers for the Profession®
October 14, 2021
District Court Finds Reduction in Monthly LTD Benefit Due to IRA Rollover Appropriate Under Plan Terms
The LHD/ERISA Advisor
October 13, 2021
Privacy Law Essentials: California's Genetic Information Privacy Act
Hinshaw Privacy & Cyber Bytes
October 12, 2021
Comments Due to the Federal Insurance Office on its Wide-Ranging Work Relating to the Insurance Sector and Climate-Related Financial Risks
Insights for Insurers
October 12, 2021
Court Rules LTD Benefits Properly Terminated After Plaintiff Failed to Undergo Recommended Surgery for Disability
The LHD/ERISA Advisor
October 12, 2021
Court Rejects Insurer's Interpretation of its Own Policy Language on Limitations Period
The LHD/ERISA Advisor
October 8, 2021
ERISA Exhaustion Requirement Not Satisfied by Verbal Appeal When Plan Required Written Appeal
The LHD/ERISA Advisor
October 6, 2021
DOL Letter Indicates ERISA Plan Administrators Must Produce an Audio Recording or Transcript of Call Between Claimant and Plan Representative Upon Request
The LHD/ERISA Advisor
October 6, 2021
Double Tic-Tac-Toe: Insurers Have Now Prevailed in The First Six U.S. Court of Appeals Decisions Regarding COVID-19 Coverage
Insights for Insurers
October 4, 2021
Marijuana Company's Legal Malpractice Claim Goes Up in Smoke
Lawyers for the Profession®
October 1, 2021
Fifth Circuit Holds Amputation Not An Accident Under AD&D Policy Where Employee’s Underlying Medical Conditions Contributed to the Loss
The LHD/ERISA Advisor
October 1, 2021
Insurers Take the Lead on ESG/Sustainability Initiatives
Insights for Insurers
September 30, 2021
California Appellate Court Rules That Federally Qualified Health Center Outreach Expenses Do Not Qualify For Cost-Based Reimbursement
Health Care Alert
September 29, 2021
Ninth Circuit Joins Fourth Circuit in Holding that Equitable Estoppel is Barred Where Use Would Contradict Express Terms of an ERISA Plan
The LHD/ERISA Advisor
September 28, 2021
FTC Gives Notice to Health Apps: You’re Subject to the Health Breach Notification Rule
Hinshaw Privacy & Cyber Bytes
September 28, 2021
Tic-Tac-Toe, Sixth Circuit The Latest of Three United States Court of Appeals Decisions to Have Found No Coverage For COVID-19 Claims Based Upon The Absence of Direct Physical Loss
Insights for Insurers
September 24, 2021
Employer FAQs: Biden Administration Announces Plans to Replace COVID-19 Travel Bans With Vaccination and Testing Requirements
Insights for Employers
September 23, 2021
Texas District Court Upholds Denial of LTD Benefits Because Claimant Did Not Prove Functional Limitations Within Benefit Waiting Period
The LHD/ERISA Advisor
September 22, 2021
China’s New Privacy Law: Both a Shield And a Sword
Hinshaw Alert
September 17, 2021
Illinois Appellate Court Affirms Summary Judgment For Defendant in Legal Malpractice Action Based on No Duty and No Causation
Lawyers for the Profession®
September 13, 2021
COVID-19 Coverage Update: Insurers Prevail in First Two U.S. Appellate Court Decisions
Insights for Insurers
September 7, 2021
Property Owners Allege Their Own Lawyers Helped Initiate Ruinous Downzoning, Case Dismissed Due to Statute of Limitations
Lawyers for the Profession®
August 26, 2021
SEC Lessons Learned: Public Companies Must Accurately Disclose Material Cyber Breaches to Investors
Hinshaw Privacy & Cyber Bytes
August 24, 2021
Recent Court Decisions that Impact the Resolution of Insurance and Reinsurance Disputes: The Continued Rise Of The New York Convention And The Fall Of The "Bellefonte Cap."
Insights for Insurers
August 20, 2021
A Cautionary Tale Involving a Business, a Privacy Policy, and an Email
Hinshaw Privacy & Cyber Bytes
August 12, 2021
Wisconsin Adopts New Insurance Cybersecurity Law
Hinshaw Privacy & Cyber Bytes
August 10, 2021
Privacy Bill Essentials: Proposed Federal "Setting an American Framework to Ensure Data Access, Transparency, and Accountability Act"
Hinshaw Privacy & Cyber Bytes
August 6, 2021
The California Lawyers Association Ethics Committee Provides Guidance on the Elements of Effective Ethical Screens
Lawyers for the Profession®
August 6, 2021
Illinois Appellate Court Holds Legal Malpractice Claim is Barred by Statute of Repose, Rejects Plaintiff's Tolling Argument
Lawyers for the Profession®
July 22, 2021
Privacy Law Essentials: New York City's Tenant Data Privacy Act
Hinshaw Privacy & Cyber Bytes
July 16, 2021
Privacy Bill Essentials: Ohio Personal Privacy Act
Hinshaw Privacy & Cyber Bytes
July 16, 2021
Georgia Malpractice Judgment Reversed Because Trial Court Improperly Allowed Jury to View Complaint With Dismissed Claims
Lawyers for the Profession®
July 16, 2021
Privacy Law Essentials: New York City Biometric Identifier Law Goes into Effect
Hinshaw Privacy & Cyber Bytes
July 13, 2021
FTC Lessons Learned: COPPA Applies to Adult Coloring Book App That Also Targeted Children
Hinshaw Privacy & Cyber Bytes
July 8, 2021
Constituent or Client? Inside Embattled Ex-Theranos CEO Elizabeth Holmes' Attempt to Keep Documents in Criminal Case Under Wraps
Lawyers for the Profession®
July 1, 2021
CFPB Announces Final Mortgage Servicing Rule to Help Borrowers Affected by the COVID-19 Pandemic Avoid Foreclosure
Consumer Financial Services Alert
June 29, 2021
Florida Enacts Significant Reform Impacting Property Insurance Claims
Insights for Insurers
June 24, 2021
Privacy Bill Essentials: Social Media Privacy Protection and Consumer Rights Act of 2021
Hinshaw Privacy & Cyber Bytes
June 22, 2021
FAQs: Illinois Civil Procedure Amendment Imposes 6% Prejudgment Interest in Personal Injury and Wrongful Death Actions
Hinshaw Alert
June 16, 2021
FTC Lessons Learned: Encrypt Consumer Data When Your Privacy Policy Says You Encrypt Consumer Data
Hinshaw Privacy & Cyber Bytes
June 16, 2021
Connecticut Cybersecurity Bill Prohibiting Punitive Damages for Businesses Advances in State Legislature
Hinshaw Privacy & Cyber Bytes
June 16, 2021
Citing Plan Ambiguity, Tenth Circuit Rules Becoming Disabled After Receiving Notice of Termination Did Not Preclude Employee From LTD Benefits
The LHD/ERISA Advisor
June 16, 2021
Insurer's Likelihood to Deny Claim Does Not Excuse Claimant's Obligation to Exhaust Administrative Remedies Prior to Filing Suit
The LHD/ERISA Advisor
June 14, 2021
Florida Supreme Court Holds Insurer May Pursue Malpractice Claims Against Defense Counsel Retained to Defend Its Insured
Lawyers for the Profession®
June 11, 2021
Privacy Bill Essentials: Nevada Seeks to Broaden Online Privacy Laws
Hinshaw Privacy & Cyber Bytes
June 9, 2021
Frequently Asked Questions About the Illinois Freedom to Work Act
Insights for Employers
June 9, 2021
U.S. Supreme Court Limits Reach of Computer Fraud and Abuse Act
Hinshaw Privacy & Cyber Bytes
June 9, 2021
Privacy Bill Essentials: An Update on the Colorado Privacy Act
Hinshaw Privacy & Cyber Bytes
June 9, 2021 | Updated July 8, 2021
Second Circuit Issues Statute of Limitations Ruling Favorable to Healthcare Plan Administrators
The LHD/ERISA Advisor
June 7, 2021
Court Blocks Plaintiff's Attempt to Conduct Discovery Into Claim Review History of Medical Reviewer
The LHD/ERISA Advisor
June 7, 2021
The Illinois Department of Insurance Issues Cybersecurity Guidance Regarding Microsoft Exchange Server Installations
Hinshaw Privacy & Cyber Bytes
June 4, 2021
Cybersecurity Compliance Emphasized at MBA's Legal Issues and Regulatory Compliance Conference
Hinshaw Privacy & Cyber Bytes
June 3, 2021
Sixth Circuit Upholds Denial of Accidental Death Benefits Under "Substantial Factor" Test
The LHD/ERISA Advisor
May 28, 2021
Health Plan May Not Exclude Specific Autism Treatments
The LHD/ERISA Advisor
May 26, 2021
Sparsely Pleaded Parity Act Lawsuit Survives Motion to Dismiss
The LHD/ERISA Advisor
May 26, 2021

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