Business and Legal Considerations for Nursing Homes: Bill of Rights, Fee-Shifting, and Damage Caps for Assisted Living/Long-Term Care Facilities Within FMG’s National Footprint
3/13/23
By Lisa R. House, Paul-Michael La Fayette, and Kevin Ringel Assisted living and long-term care facilities doing business or expanding into FMG’s national footprint should be aware of differences in state law that directly impact litigation involving their industry. This article will provide an overview of states that have codified a nursing home bill of…
What Non-Union Employers Need to Know After NLRB Nixes Broad Confidentiality and Non-Disparagement Clauses in Severance Agreements
3/10/23
By: Bob Chadwick and Gabriel Canto As part of a permanent furlough in 2020, McLaren McComb, a union teaching hospital, offered 11 union employees severance agreements offering severance payments in exchange for releases of claims and the following clauses: Clause 6. Confidentiality Agreement. The Employee acknowledges that the terms of this Agreement are confidential and…
Responding to a Growing Investment Advisor Industry
3/9/23
By: Andrew Iles The fields of investment management and financial advising are ever growing. For example, the Securities and Exchange Commission recently stated that the number of Registered Investment Advisors (“RIAs”) has ballooned by 25% since 2016, and now covers more than 15,000 RIA firms. Such growth and constant progress present the Commission with the…
Supreme Court Limits Liability for Failure to Accurately Report Foreign Bank Accounts
3/6/23
By: Nancy Reimer and Cara Alexiou In a 5-4 decision, the Supreme Court limited an individual’s liability under 31 U.S.C. § 5314 for failure to accurately report foreign bank accounts to the government. Bittner v. United States, No. 21-1195, 598 U.S. __ (slip op.) (2023). The Bank Secrecy Act requires United States citizens with foreign…
Massachusetts Appeals Court Clarifies Scope of the Statute of Repose
3/3/23
By: David Slocum In a recent decision, the Massachusetts Appeals Court has clarified the scope of the significant protections afforded by the Massachusetts statute of repose to design professionals, contractors, subcontractors, and others involved with improvements to real property. Background: Affording an important protection to design and construction professionals, the Massachusetts statute of repose limits…
The end of the Covid-19 public health emergency: impacts for hospitals, healthcare providers, and telehealth
3/2/23
By: Kevin Ringel and Lisa House On January 30, 2023, the Biden Administration announced that the Covid-19 public health emergency will end on May 11, 2023. The public health emergency has been in effect since the start of the pandemic and allowed for provisions to ease the burden on health care providers and patients during the…
To Arbitrate or Not to Arbitrate: That Is The Question
3/1/23
By: Jessica Farrelly and Jessica Cauley How broadly can an employer apply an arbitration agreement? In Espinoza v. Peoplease, LLC, the United States District Court for the Southern District of Florida recently evaluated the right to compel arbitration of claims under the Fair Credit Reporting Act (“FCRA”) and to preclude an employee from pursuing a…
Supreme Court of Texas upholds order erroneously drafted by legal counsel as final judgment
2/28/23
By: Robert Chadwick In Texas state courts, legal counsel are generally asked to draft proposed orders and judgments for execution by district and county court judges. A February 10, 2023 per curiam opinion by the Supreme Court of Texas in Patel v. Nations Renovations, LLC, is a cautionary tale of why it is important for…
Overview of Midwest Sanitary, Inc. v. Sandberg, Phoenix, and Von Gontard, P.C.
2/27/23
Chicago partner, Donald Patrick Eckler, was published in the Winter Edition of Association of Defense Trial Attorneys commenting on the recent decision of the Illinois Supreme Court in Midwest Sanitary, Inc. v. Sandberg, Phoenix, and Von Gontard, P.C., 2022 IL 127327. The state high Court held that punitive damages assessed against a defendant in an…