Legal Updates

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CORONAVIRUS (COVID-19) RESOURCE CENTER
Hinshaw resources on the COVID-19 pandemic
No E&O Coverage for Title Agent's Phishing Losses
Insights for Insurers: Cyber Coverage
December 4, 2020
Federal Court in California Blocks as Unlawful New DHS/DOL Rules That Would Severely Restrict H-1B Visas
Insights for Employers
December 4, 2020
Landscaping Co. Gets Clipped: Malpractice Action Time-Barred and Fraudulent Concealment Claim Rejected
Lawyers for the Profession®
December 3, 2020
Attention Pharmacies and Prescribers: New California Controlled Substances Prescription Form and CURES Reporting Requirements Are Coming
Health Care Alert
November 19, 2020
Florida Appellate Court Reduces Legal Malpractice Verdict From $5M to $250K Because Plaintiff Failed to Prove Underlying Judgment Was Collectible
Lawyers for the Profession®
November 19, 2020
SEC Adopts Exempt Offering Rule Changes That Increase Offering Limits and Harmonize Exempt Offerings
Hinshaw Alert
November 18, 2020
What Might Immigration Law Look Like in a Biden Administration
Insights for Employers
November 16, 2020
SBA Questionnaires Increase Scrutiny for PPP Loans Over $2M
Hinshaw Alert
November 13, 2020
New Proposed SEC Rule Would Allow Finders to Receive Commissions Without Registering as a Broker Dealer
Hinshaw Alert
November 3, 2020
Is New York's New Consumer Privacy Bill a Bridge Too Far?
Insights for Insurers: Cyber Coverage
November 2, 2020
Where We Stand: The Latest Snapshot of COVID-19 Business Interruption Insurance Coverage Litigation
Insights for Insurers
October 21, 2020
SBA Provides Guidance on Rules for M&A Transactions Involving PPP Loans
Hinshaw Alert
October 8, 2020
Utah Court Rules ERISA Plan Was Wrong to Deny Coverage for Mental Health Care Received at Residential Treatment Facility
The LHD/ERISA Advisor
October 5, 2020
Second Circuit Allows Breach of Fiduciary Duty Claim to Proceed Based on Misrepresentation of Benefits by ERISA Plan Administrator
The LHD/ERISA Advisor
October 5, 2020
Tenth Circuit Finds District Court Applied Wrong Standard of Review in Evaluating Plan Administrator's Medical Necessity Determination
The LHD/ERISA Advisor
October 5, 2020
ERISA Plaintiff Has Statutory Standing to Bring Action to Recover Spousal Healthcare Benefits
The LHD/ERISA Advisor
October 5, 2020
Material Misrepresentations in Life Insurance Policy Application Justified Rescission by Insurer
The LHD/ERISA Advisor
October 5, 2020
Summary Judgment in Favor of Insurer Reversed by California Appellate Court in Application of "Genuine Dispute" Doctrine
The LHD/ERISA Advisor
October 4, 2020
Third Circuit Rules State Law Reimbursement Claims Brought by Out-of-Network Medical Provider Not Precluded by ERISA
The LHD/ERISA Advisor
October 4, 2020
Ninth Circuit Holds Attorneys' Fees Cannot be Recovered as "Other Equitable Relief" under ERISA
The LHD/ERISA Advisor
October 3, 2020
Ninth Circuit Finds ERISA Complaint Sufficiently Alleges Insurer had Waived Anti-Assignment Defense
The LHD/ERISA Advisor
October 2, 2020
Insurance Coverage During Involuntary Legal Holds Under California Law
The LHD/ERISA Advisor
October 2, 2020
Plaintiff Cannot Maintain Legal Malpractice Action Absent Proof of Fraudulent Inducement to Settle
Lawyers for the Profession®
September 30, 2020
District Court Holds Breach of Contract Claims are Time-Barred
The LHD/ERISA Advisor
September 29, 2020
SEC Updates Definition of Accredited Investor to Facilitate More Participation in Private Offerings
Hinshaw Alert
September 24, 2020
Five Issues for Employers to Consider as Political and Social Activism Surges in the Workplace
Insights for Employers
September 21, 2020
California Board of Pharmacy Approves "No Pharmacist Left Alone" Regulations for Retail Pharmacy Chains
Health Care Alert
September 21, 2020
DOL Issues Temporary Rule, Clarifies Paid Leave Under Families First Coronavirus Response Act
Insights for Employers
September 15, 2020
IRS Issues Guidance on Presidential Memorandum Payroll Tax Deferral Opportunity
Hinshaw Alert
September 11, 2020
New Interim PPP Rules Address Owner-Employee Compensation, Sub-Tenants, and Rent Payments to a Related Party
Hinshaw Alert
September 10, 2020
Community Banks and the COVID-19 Crisis: CBLR and CECL
Hinshaw Alert
September 10, 2020
Expert Testimony Sufficient to Defeat Summary Judgment Motion in Settle and Sue Case
Lawyers for the Profession®
September 10, 2020
PPP Loans and M&A Transactions: Considerations for Lenders and Buyers
Hinshaw Alert
September 3, 2020
GDPR and the Uniform Foreign Country Money Judgments Recognition Act
Hinshaw Alert
September 2, 2020
Defendants Entitled to Summary Judgment on Lack of Proximate Causation Because Plaintiffs' Expert Opinions were Conclusory
Lawyers for the Profession®
August 31, 2020
Federally Qualified Health Center Agrees to Settlement for Failure to Implement
Health Care Alert
August 26, 2020
Plaintiff's Successor Counsel Not Liable for Contribution Where Underlying Case Was "Irretrievably Lost" Before He Was Retained
Lawyers for the Profession®
August 20, 2020
OPA Program Update 2020 Highlights Changes to 340B Program Registration and Recertification Requirements
Health Care Alert
August 13, 2020
New Supplemental Guidance Issued for PPP Loan Program
Hinshaw Alert
August 11, 2020
Florida Bar Advisory Opinion Holds New Jersey Lawyer Working Remotely From Florida Home Does Not Violate Unauthorized Practice of Law Rules
Lawyers for the Profession®
August 11, 2020
Wisconsin Supreme Court Finds No Exceptions to Actual Innocence Rule
Lawyers for the Profession®
August 7, 2020
Federal Court in New York Strikes Down Key Provisions of DOL's FFCRA Final Rule
Insights for Employers
August 7, 2020
Illinois Law Firm Recovers No Attorney's Fees After Trial Court Concluded The Firm Breached Its Fiduciary Duties
Lawyers for the Profession®
August 4, 2020
Main Street Lending Program Expanded for Nonprofit Organizations
Hinshaw Alert
July 29, 2020
SBA and Treasury Provide PPP Loan Forgiveness Applications
Hinshaw Alert
July 16, 2020
Another Early Win for Insurers in the Business Interruption Coverage Battles
Insights for Insurers
July 14, 2020
A Summary of PPP Updates, Including Early Filing of Forgiveness Application
Hinshaw Alert
July 13, 2020
Ruling Concerning Series LLCs in Illinois Highlights Importance of Differentiating and Following Statutory Procedures
Hinshaw Alert
July 10, 2020
Proposed Federal Business Interruption Relief Act Introduced, But Text Not Submitted Yet
Insights for Insurers
July 9, 2020
Congresswoman Maloney Announces Made In America: Preparation for a Pandemic Act
Insights for Insurers
July 9, 2020
Beyond Data Breach: Evaluating Coverage for Misuse of Information Claims
Insights for Insurers: Cyber Coverage
July 6, 2020
Capital One Loses Bid to Shield Post-Breach Report from Consumer Plaintiffs
Insights for Insurers: Cyber Coverage
June 29, 2020
No Protection for Vendor's Forensic Report in Post-Breach Litigation?
Insights for Insurers: Cyber Coverage
June 16, 2020
Federal Reserve Expands Scope of Loan Options and Size of Eligible Businesses Under Main Street Lending Program
Hinshaw Alert
June 15, 2020
Picking and Choosing COVID-19 Patients: Health Care Providers Face Ethical and Legal Dilemmas When Following State Triage Guidelines
Health Care Alert
June 9, 2020
Judgmental Immunity or "Error in Judgment" Rule Bars Legal Malpractice Liability
Lawyers for the Profession®
June 5, 2020
Legislative Fix for PPP Loan Forgiveness Problems
Hinshaw Alert
June 4, 2020 | Updated June 9, 2020
Continuous Representation Doctrine Does Not Toll Statute of Limitations Where Attorney Withdraws in Appellate Court
Lawyers for the Profession®
June 3, 2020
What a Difference a Word Makes: "Any Insured" Cross Liability Exclusion Bars Coverage for Lawsuit Against Additional Insured
Insights for Insurers
June 3, 2020
Update on Proposed COVID-19 Insurance Coverage Legislation and Litigation: Are Cooler Heads Beginning to Prevail?
Insights for Insurers
June 1, 2020
Ninth Circuit Affirms Summary Judgment for Defendants Based on Plaintiffs' Failure to Present Expert Testimony
Lawyers for the Profession®
May 27, 2020
Recent Pro-Insurer Developments Concerning COVID-19 Coverage Exposures
Insights for Insurers
May 27, 2020
SBA Issues Interim Final Rule on PPP Loan Forgiveness
Hinshaw Alert
May 27, 2020
Illinois Legislature Passes COVID-19 Workers' Compensation Bill Containing Rebuttable Presumption for Front-Line Workers
Insights for Insurers
May 26, 2020
Proposed Illinois Bill Would Create a COVID-19 Business Interruption Insurance Task Force
Insights for Insurers
May 22, 2020
OSHA Guidance on Preparing to Return to Work Includes Recommendations for White Collar Businesses
Insights for Employers
May 18, 2020
SBA Releases PPP Loan Forgiveness Application
Hinshaw Alert
May 18, 2020
Guidance for Protecting Pharmacy Staff and Customers from COVID-19
Health Care Alert
May 14, 2020
SBA Provides Additional Guidance on Review of Economic Uncertainty Certifications Made by PPP Loan Applicants
Hinshaw Alert
May 13, 2020 | Updated May 14, 2020
Early COVID-19 Liability Suits Raise Employment Practices Liability Insurance Issues
Insights for Insurers
May 12, 2020
EEOC Provides COVID-19 Guidance for Employers on Excluding High Risk Employees from the Workplace
Insights for Employers
May 11, 2020
Minimizing Medical Malpractice Liability Risk During the COVID-19 Pandemic
Health Care Alert
May 8, 2020
Practical Considerations for Hospitals and Ambulatory Surgery Centers Resuming Elective Surgical Services
Health Care Alert
May 8, 2020
ADA Guidance for Dental Healthcare Providers Returning to Work
Health Care Alert
May 8, 2020
Review of Federal and State Immunity Laws in Response to COVID-19
Health Care Alert
May 8, 2020
Re-Starting Non-Emergent, Non-COVID 19 Treatment
Health Care Alert
May 8, 2020
Guidance for Medical Practitioners on the Resumption of Elective Surgeries and Expansion of Non-Coronavirus Service Offerings
Health Care Alert
May 8, 2020
Federal Reserve Board Expands Scope and Eligibility of Main Street Lending Program
Hinshaw Alert
May 8, 2020
Governor Newsom Issues Executive Order Creating Rebuttable Presumption of Workers' Compensation Compensability for COVID-19 Work-Place Related Illnesses
Insights for Insurers
May 8, 2020
PPP Loan Proceeds Return Date Extended, Tips on Preparing for a PPP Loan Audit
Hinshaw Alert
May 6, 2020
Alabama Civil Appeals Court Holds Error in Judgment Rule Requires Expert Testimony to Establish Standard of Care
Lawyers for the Profession®
May 5, 2020
IRS Position on the Deductibility of Expenses Paid with PPP Loan Proceeds
Hinshaw Alert
May 1, 2020
CARES Act Program Expands Scope of Educational Assistance Plans to Include Employer Repayments of Student Loans
Insights for Employers
April 30, 2020
Borrowers Beware: Audits of PPP Loans in Excess of $2 Million and Economic Uncertainty Certification
Hinshaw Alert
April 30, 2020
Additional FAQs Regarding Employer Compliance and COVID-19
Insights for Employers
April 29, 2020
New Guidance from Illinois Department of Public Health Opens Door for Elective Surgeries to Resume
Health Care Alert
April 28, 2020
President Trump Signs Executive Order Providing for a 60-Day Suspension of Certain Green Card Immigrant Visas
Hinshaw Alert
April 27, 2020
Ohio Supreme Court Rules Pro Rata Allocation Method Required Under "Those Sums" Policies Where Timing of Damages is Known or Knowable
Insights for Insurers
April 24, 2020
SBA May Review Economic Uncertainty Certifications as Criticism Mounts Over PPP Loan Requests by Large Businesses with Adequate Sources of Liquidity and PPP Loan Forgiveness
Hinshaw Alert
April 24, 2020
New Guidance Provided by EEOC Regarding COVID-19 Testing of Employees
Insights for Employers
April 24, 2020
State Insurance Commissioners Weigh In On Business Interruption Coverage for COVID-19 Losses
Insights for Insurers
April 22, 2020
Utah's District Court Dismisses Malpractice Action Against Florida Firm Based on Lack of Jurisdiction
Lawyers for the Profession®
April 22, 2020
Wisconsin and Minnesota Businesses Seek Coverage for COVID-19 Business Interruption Losses in State and Federal Class Actions
Insights for Insurers
April 22, 2020
California Department of Insurance Issues Notice to Insurers to Comply with their Legal Requirements with Respect to COVID-19 Related Business Interruption Claims
Insights for Insurers
April 17, 2020
Proposed Federal Business Interruption Insurance Coverage Act
Insights for Insurers
April 17, 2020
Illinois Workers' Compensation Commission Notice of Emergency Amendment Regarding COVID-19
Insights for Employers
April 15, 2020
Virus Exclusions Are Not Preventing Some Policyholders from Filing COVID-19 Coverage Lawsuits
Insights for Insurers
April 15, 2020
California Orders Premium Refunds on Policies Exposed to Reduced Risk of Loss Due to COVID-19 Pandemic and Calls for Coverage Extension for Uninsured Delivery Drivers for California Essential Businesses
Insights for Insurers
April 13, 2020
The Federal Reserve Releases Details on Two New Main Street Loan Facilities and the Paycheck Protection Program Loan Facility
Hinshaw Alert
April 13, 2020 | Updated April 15, 2020
Important New Guidance for the Paycheck Protection Program, Main Street Lending Facilities, and Economic Injury Disaster Loan Program
Hinshaw Alert
April 10, 2020
COVID-19 Compliance Issues For Federally Qualified Health Centers
Health Care Alert
April 9, 2020
California Board of Pharmacy COVID-19 Waivers
Health Care Alert
April 9, 2020
Additional Insights for Insurers From New COVID-19 Coverage Suits
Insights for Insurers
April 9, 2020
Beware of Fraudsters Posing as Government Investigators to Obtain Protected Health Information
Cyber Alert
April 8, 2020
U.S. EPA Issues COVID-19 Enforcement Policy
Hinshaw Alert
April 6, 2020
Insights on the First COVID-19 Coverage Lawsuits
Insights for Insurers
April 4, 2020
Blanket Waiver on Stark Law Sanctions Provides Limited Relief in Light of Pandemic
Health Care Alert
April 3, 2020
Financial Relief Assistance for Small Medical Practices under the CARES Act
Health Care Alert
April 3, 2020
Limited Suspension of HIPAA Sanctions and Penalties During National Emergency
Health Care Alert
April 3, 2020
Exceptions Under the HIPAA Privacy Rule for Disclosure of PHI Without Patient Authorization
Health Care Alert
April 3, 2020
HHS Limits Liability for Corporations and Health Care Providers Relating to COVID-19 Countermeasures
Health Care Alert
April 3, 2020
CARES Act Limits Liability for Volunteer Health Care Providers While Illinois Limits Liability for Health Care Facilities, Providers, and Volunteers Responding to COVID-19
Health Care Alert
April 3, 2020
CARES Act Temporarily Expands CMS' Accelerated and Advanced Payment Program
Health Care Alert
April 3, 2020
DOL Clarifies Exceptions under FFCRA in Updated FAQ
Insights for Employers
April 3, 2020
DEA Waives Telemedicine and Other Rules for Controlled Substances
Health Care Alert
April 3, 2020
Medicare Telehealth COVID-19 Waivers Expand Opportunities to Provide Telehealth Services to Medicare Beneficiaries
Health Care Alerts
April 3, 2020
Health Care Deregulation and Financial Relief Measures Amidst the Pandemic
Health Care Alert
April 3, 2020
Plaintiffs' Breach of Fiduciary Duty Claim Against Law Firm Dismissed as Duplicative of Legal Malpractice Claim, Punitive Damages Not Recoverable
Lawyers for the Profession®
April 2, 2020
$2.2 Trillion CARES Act Provides Opportunity for Community Banks
Hinshaw Alert
April 2, 2020. Revised on April 7, 2020
CARES Act Provides Massive Financial Relief to Small Businesses and Expands Unemployment Benefits for Workers
Insights for Employers
April 1, 2020 | Updated on April 10, 2010
TCPA Fax Claim Is Not a Covered Occurrence; Personal and Advertising Injury Coverage Is Also Not Triggered, Rules Pennsylvania Federal Court
Insights for Insurers
April 1, 2020
Chicago-Area Restaurants Seek Insurance Coverage for COVID-19 Business Interruption Losses in Illinois Federal Court
Insights for Insurers
March 31, 2020
California is the Next State to Request Business Interruption Coverage Information from Insurers
Insights for Insurers
March 30, 2020
A Funding and Business Viability Checklist for Companies Contending with Effects of the COVID-19 Crisis
Hinshaw Alert
March 27, 2020
Insurers Must Be Proactive to Comply With Federal, State, and Local COVID-19-Related Laws and Regulations to Limit Potential Governmental Overreach
Insights for Insurers
March 27, 2020
U.S. Department of Labor Issues Families First Coronavirus Response Act Notice and FAQ
Insights for Employers
March 26, 2020
Appellate Court Rules Insurers Have Duty to Defend Illinois Biometric Privacy Claim
Insights for Insurers
March 25, 2020
Options for Conducting Annual Shareholder Meetings and Director Meetings During a Time of COVID-19 Shelter in Place Orders
Hinshaw Alert
March 24, 2020
COVID-19, Broken Supply Chains, and Force Majeure
Insights for Insurers
March 21, 2020
U.S. Congress Members Call for Business Interruption Coverage for COVID-19 Losses
Insights for Insurers
March 20, 2020
Families First Coronavirus Response Act
Insights for Employers
March 19, 2020
Future of New Jersey COVID-19 Insurance Coverage Bill is in Question
Insights for Insurers
March 19, 2020
Employer FAQs for COVID-19 (Coronavirus)
Insights for Employers
March 18, 2020
How to Guard Against Proliferating COVID-19 Scams
Cyber Alert
March 18, 2020
Publication is not Publishing: Ninth Circuit Says Insurer Must Defend Privacy Suit
Insights for Insurers: Cyber Coverage
March 18, 2020
As COVID-19 Coverage Law Suits Are Filed, New Jersey Legislature Considers Mandated COVID-19 Business Interruption Coverage
Insights for Insurers
March 17, 2020
NYDFS Instructs Insurers to Provide Explanations of Coverage for COVID-19 Losses
Insights for Insurers
March 13, 2020
Evaluating the Insurability of CCPA Fines Assessed by the California Attorney General
Insights for Insurers: Cyber Coverage
March 12, 2020
SEC Proposes Rule Changes Relating to Exempt Offerings Which Would Include Increases to Offering Limits
Hinshaw Alert
March 10, 2020
Fourth Circuit Holds Privacy Exclusion Bars Coverage for Law Firm's DPPA Claim
Insights for Insurers: Cyber Coverage
March 10, 2020
Insureds Likely Face Uphill Battle in Seeking Coverage for Coronavirus Losses
Insights for Insurers
March 9, 2020
The Latest Decision in the Global Re Case
Insights for Insurers
March 6, 2020
Attorney Has Immunity for Destroying Evidence When Acting Within Scope of Representation
Lawyers for the Profession®
March 2, 2020
Computer Fraud and Funds Transfer Fraud Coverages Not Triggered by Social Engineering Phishing Scam
Insights for Insurers: Cyber Coverage
March 2, 2020
Coverage for Phishing Loss Precluded by Voluntary Parting Exclusion; Forgery Coverage Not Triggered
Insights for Insurers: Cyber Coverage
February 26, 2020
Illinois Appellate Court Holds Union Appointed Lawyers Are Immune From Individual Malpractice Suits Filed By Members
Lawyers for the Profession®
February 24, 2020
Court Rejects Coverage for Phishing Loss Under Financial Institutions Bond, Calls for More Briefing on Computer Systems Fraud Coverage Issue
Insights for Insurers: Cyber Coverage
February 17, 2020
According to the California Court of Appeals, An Attorney's Failure to Disclose Lack of Professional Liability Insurance Renders Fee Division Agreement Unenforceable
Lawyers for the Profession®
February 17, 2020
Insurers Take Steps to Reduce Silent Cyber Exposure
Insights for Insurers: Cyber Coverage
February 10, 2020
Commonsense Prevails; Intentional Attack is not an Insured Accident
Insights for Insurers
February 7, 2020
New Jersey Appellate Court Holds No Attorney-Client Relationship Between Law Firm and Managing Members of LLC in Legal Malpractice Case
Lawyers for the Profession®
February 4, 2020
Confirming a "But-For" Test, Federal Court Rejects "Semantic" Attempt to Narrow Liability Policy's TCPA Exclusion
Insights for Insurers
January 31, 2020
Policyholders Face Substantial Challenges in Obtaining Coverage for Cyber Claims Under First-Party Property Policies
Insights for Insurers: Cyber Coverage
January 29, 2020
What's Keeping Corporate Directors & Officers Up at Night: Accelerating Privacy Regulation
Insights for Insurers: Cyber Coverage
January 28, 2020
California Legislative Update: New Consumer Finance Laws for 2020
January 24, 2020
According to Tenth Circuit, "Continuous Representation" Doctrine Does Not Toll Legal Malpractice Statute of Limitations Under New Mexico Law
Lawyers for the Profession®
January 17, 2020
Financial Services for Cannabis and Hemp Businesses
Hinshaw Alert
January 13, 2020
Beware of the Latest Phone Scams
Cyber Alert
January 6, 2020
Appellate Court Holds That Plaintiff Failed to Prove But For Causation, Reversing Award in Plaintiff's Legal Malpractice Action
Lawyers for the Profession®
December 30, 2019
CCPA Could Frustrate Tripartite Relationship Between Insured, Insurer, and Legal Service Provider
Cyber Alert
December 17, 2019
Seventh Circuit Allows Law Firm to Dodge RICO Suit Based on Alleged Fraudulent Tax Advice
Lawyers for the Profession®
December 9, 2019

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