Legal Updates

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CORONAVIRUS (COVID-19) RESOURCE CENTER
Hinshaw resources on the COVID-19 pandemic
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
Privacy Bill Essentials: Proposed Federal Children and Teens' Online Privacy Protection Act
Hinshaw Privacy & Cyber Bytes
May 20, 2021
Frequently Asked Questions Employers Have About the New CDC COVID-19 Guidelines
Insights for Employers
May 18, 2021
Shh, Your Speaker is Listening: California Considers Consumer Privacy Protections for Smart Speaker Devices
Hinshaw Privacy & Cyber Bytes
May 18, 2021
Plaintiff's Claim Based on Threatening Statements Barred by Illinois' Absolute Litigation Privilege
Lawyers for the Profession®
May 13, 2021
Iowa Becomes the Latest State to Adopt the NAIC Model Cybersecurity Law
Hinshaw Privacy & Cyber Bytes
May 11, 2021
Excess D&O Policy Not Triggered by Vizio's Smart TV Litigation Claim
Insights for Insurers: Cyber Coverage
May 7, 2021
FTC Lessons Learned: Corporate Board Oversight
Hinshaw Privacy & Cyber Bytes
May 6, 2021
Privacy Bill Essentials: Proposed Federal Consumer Data Privacy and Security Act
Hinshaw Privacy & Cyber Bytes
May 5, 2021
The Proverbial Other Foot: Proposed U.S. Legislation Could Ban Personal Data Transfers to Ireland and Other U.S. Allies
Hinshaw Privacy & Cyber Bytes
April 29, 2021
Restaurant Revitalization Grant Program Provides Grants to a Wide Range of Eligible Entities
Hinshaw Alert
April 28, 2021
Florida Court Rules That Retainer Agreement Arbitration Provision is Enforceable and Severable From Agreement's Unenforceable Fee & Cost Shifting Provisions
Lawyers for the Profession®
April 27, 2021
Seventh Circuit Affirms "Information Laws" Exclusion Precludes Coverage for TCPA and Related Common Law Claims
Insights for Insurers
April 23, 2021
Privacy Bill Essentials: Pennsylvania Consumer Data Privacy Act (HB 1126)
Hinshaw Privacy & Cyber Bytes
April 22, 2021
Why Employers Need to Pay Special Attention to the Protect the Right to Organize Act of 2021
Insights for Employers
April 22, 2021
Privacy Bill Essentials: Proposed Connecticut Consumer Privacy Act (S.B. 893)
Hinshaw Privacy & Cyber Bytes
April 20, 2021 | Updated June 28, 2021
Privacy Bill Essentials: Alaska
Hinshaw Privacy & Cyber Bytes
April 16, 2021
Connecticut Insurance Department Issues Guidance on Big Data Use by Insurers
Hinshaw Privacy & Cyber Bytes
April 15, 2021
Hacked Tech Company Not Entitled to Cyber Coverage for Debt Payment Wired by Client to Hackers' Bank Account
Insights for Insurers: Cyber Coverage
April 14, 2021
New COBRA Rules Require Employer Action, Impose Significant Noncompliance Penalties
Insights for Employers
April 13, 2021
Privacy Bill Essentials: Alabama Consumer Privacy Act
Hinshaw Privacy & Cyber Bytes
April 12, 2021 | Updated June 11, 2021
Maine Enacts NAIC-Inspired Cybersecurity Law
Hinshaw Privacy & Cyber Bytes
April 7, 2021
Does Tilted Turtle's Slow Payment and Carapace Response Entitle Insurer to Liability Policy Rescission?
Insights for Insurers
April 6, 2021
Privacy Bill Essentials: West Virginia HB 3159
Hinshaw Privacy & Cyber Bytes
April 6, 2021 | Updated May 11, 2021
Unpacking the U.S. Supreme Court's Unanimous Facebook Decision Narrowing the TCPA's Autodialer Definition
Consumer Financial Services Alert
April 5, 2021
Seventh Circuit Affirms Dismissal of Legal Malpractice Action For Lack of Proximate Cause
Lawyers for the Profession®
April 5, 2021
PPP Deadline Extended, Preparing for Restaurant Revitalization Grants
Hinshaw Alert
April 2, 2021
Privacy Bill Essentials: Data Care Act
Hinshaw Privacy & Cyber Bytes
April 1, 2021
A Review of Emerging Trends in Mergers & Acquisitions and Representations & Warranties Insurance
Insights for Insurers
March 30, 2021
Privacy Bill Essentials: Colorado Privacy Act
Hinshaw Privacy & Cyber Bytes
March 29, 2021
U.S. Senate Bill Would Provide Safe Harbor for Insurers That Insure Cannabis-Related Businesses Operating in Compliance With State and Local Law
Insights for Insurers
March 25, 2021
Privacy Bill Essentials: Washington
Hinshaw Privacy & Cyber Bytes
March 25, 2021 | Updated, April 28, 2021
Updated Visitor Guidelines for Skilled Nursing Facilities Regarding Illinois, Indiana, and Federal Requirements
Hinshaw Alert
March 24, 2021
American Rescue Plan Revises Paycheck Protection Program and Shuttered Venue Operator Grant Program, Establishes Restaurant Revitalization Grant Program
Hinshaw Alert
March 23, 2021
Congress Provides New Copyright Office Forum To Resolve Small Claims For Copyright Infringement
Hinshaw Alert
March 22, 2021
Utah Becomes the Second U.S. State to Establish Affirmative Defenses for Data Breach
Hinshaw Privacy & Cyber Bytes
March 22, 2021
NY DFS Announces Insurers Diversity Efforts Will be Reviewed in Examination Process
Insights for Insurers
March 19, 2021
Federal District Court in Nevada Tosses China-Based Auto Dealer's Legal Malpractice Suit Against Law Firm Based on Lack of Jurisdiction
Lawyers for the Profession®
March 18, 2021
Approval of Additional CCPA Opt-Out Regulations
Hinshaw Privacy & Cyber Bytes
March 17, 2021
Privacy Bill Essentials: A Federal Information Transparency and Personal Data Control Act
Hinshaw Privacy & Cyber Bytes
March 16, 2021
Wisconsin Supreme Court Ruling Underlines Importance of Having an IP Strategy When Selling Assets of a Business
Hinshaw Alert
March 12, 2021
PPP Updates: Calculation of the Loan Amount and Use of Loan Proceeds for Individuals Who File IRS Form 1040, Schedule C and Revisions to Eligibility Rules
Hinshaw Alert
March 12, 2021
New York DFS Fines Mortgage Lender $1.5M for Failure to Report Cyber Breach
Hinshaw Privacy & Cyber Bytes
March 11, 2021
New York DFS Issues Report Detailing Findings From Its Investigation of Facebook Data Privacy Practices
Hinshaw Privacy & Cyber Bytes
March 10, 2021
Privacy Bill Essentials: Rhode Island
Hinshaw Privacy & Cyber Bytes
March 5, 2021
Privacy Bill Essentials: Illinois
Hinshaw Privacy & Cyber Bytes
March 2, 2021
$6 Million Phishing Loss Does not Trigger Coverage Under Crime Policies
Insights for Insurers: Cyber Coverage
March 1, 2021
Biden Administration Issues PPP Loan Revisions Focused on Small Businesses
Hinshaw Alert
February 26, 2021
California Federal Court Rules in Favor of Equitable Tolling of Benefit Plan Limitations Period
The LHD/ERISA Advisor
February 25, 2021
Sixth Circuit Upholds Denial of LTD Benefits by Decision Makers Employed by Another Entity Within the Plan Administrator's Corporate Family
The LHD/ERISA Advisor
February 25, 2021
Ninth Circuit Affirms District Court May Consider Social Security Administration Ruling That Was Not Before the Plan Administrator
The LHD/ERISA Advisor
February 25, 2021
Ninth Circuit Rules in Favor of Medical Provider in Dispute with Insurer Regarding Anti-Assignment Provisions
The LHD/ERISA Advisor
February 25, 2021
ERISA Plan Entitled to Seek Reimbursement from Plan Beneficiary Who Recovered Damages in Tort Action Related to Underlying Accident
The LHD/ERISA Advisor
February 25, 2021
Remand Order Constitutes Sufficient Degree of Success on the Merits to Justify Attorneys' Fees Award
The LHD/ERISA Advisor
February 25, 2021
Court Ruling that ACA Gender Transition Mandate Violates Religious Liberty Illustrates Interplay Between ACA and ERISA
The LHD/ERISA Advisor
February 25, 2021
Court Affirms Principle that Challenges to Benefits Determination Involving Mental Illness Limitation Require Specific, Concrete Evidence of Physical Factors
The LHD/ERISA Advisor
February 25, 2021
SBA and U.S. Treasury Issue Interim Final Rule on Paycheck Protection Program Loan Forgiveness
Hinshaw Alert
February 24, 2021
New York State Department of Financial Services Warns of New Fraudulent Campaign Targeting Consumer NPI
Hinshaw Privacy & Cyber Bytes
February 23, 2021
Privacy Bill Essentials: Florida
Hinshaw Privacy & Cyber Bytes
February 23, 2021 | Updated March 31, 2021 | Updated May 3, 2021
Privacy Bill Essentials: Oklahoma
Hinshaw Privacy & Cyber Bytes
February 23, 2021 | Updated May 13, 2021
Privacy Bill Essentials: Utah
Hinshaw Privacy & Cyber Bytes
February 23, 2021
New OIG Guidance Permits Federally Qualified Health Centers to Offer Remote Patient Monitoring, Big-Box Store Gift Cards, and Other Incentives to Medicare and Medicaid Patients
Health Care Alert
February 22, 2021
Lesson Learned From Recent FTC Settlement: Be Cautious With Compliance "Seals"
Hinshaw Privacy & Cyber Bytes
February 19, 2021
FINRA Releases Annual Report Addressing Areas of Examination Focus for 2021
Hinshaw Alert
February 18, 2021
Texas Federal District Court Kicks Steel Importer's $6M Malpractice Suit Due to Lack of Personal Jurisdiction
Lawyers for the Profession®
February 16, 2021
Connecticut Extends Deadlines to Comply with Insurance Data Security Law, New York Approved as a Safe Harbor Jurisdiction
Hinshaw Privacy & Cyber Bytes
February 16, 2021
Lender Obligations Under the Revived Paycheck Protection Program
Hinshaw Alert
February 16, 2021
Here's How to Prepare for CPRA and Proposed VCDPA Requirements Concerning Sensitive Information
Hinshaw Privacy & Cyber Bytes
February 11, 2021
New NYS DFS Cyber Insurance Risk Framework Warns Against Ransom Payments, Includes Notice to Law Enforcement Policy Requirement
Insights for Insurers: Cyber Coverage
February 8, 2021
Fifth Circuit Affirms No Computer Transfer Fraud Coverage for Phishing Scam
Insights for Insurers
February 8, 2021
Virginia Contemplates Sweeping New Data Protection Law
Hinshaw Privacy & Cyber Bytes
February 4, 2021
Biden Administration Executive Order Underlines Benefits of an LGBTQ Anti-Harassment Training Program
Insights for Employers
February 4, 2021
Proposed North Dakota Law Would Require Consent for User Data Sales, Authorize Private Right of Action with Steep Minimum Damages
Hinshaw Privacy & Cyber Bytes
February 3, 2021
Minnesota Considers Adopting a CCPA-Inspired Consumer Data Privacy Bill
Hinshaw Privacy & Cyber Bytes
February 2, 2021
Plaintiff's Legal Malpractice Action—First Filed Too Early, Then Refiled Too Late—Results in Dismissal With Prejudice
Lawyers for the Profession®
January 28, 2021
Governor Cuomo Proposes Greater Data Privacy Protections and BankTech Assistance for New York Financial Institutions
Hinshaw Privacy & Cyber Bytes
January 28, 2021

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