Lost chance gets a chance in Illinois legal malpractice case
12/27/24
Illinois Appellate Court, First District in PBKM, LLC v. Kutak Rock, LLP, 2024 IL App (1st) 230033 is the first court nationally to adopt the lost chance doctrine in a legal malpractice context. The court …
On again, off again, on again?
12/27/24
By: Nancy M. Reimer
The Fifth Circuit Court of Appeals vacates its stay of the injunction. As we reported on December 26, 2024, the Fifth Circuit Court of Appeals stayed the nationwide injunction enjoining the enforcement of the Corporate Transparency …
12/26/24
By: Nancy Reimer
On December 23, 2024 the U.S. Court of Appeals for the Fifth Circuit lifted the temporary injunction issued by the Eastern District of Texas Federal Court reinstating the requirement to file the Beneficial Ownership Interest (“BOI”) form …
Pathways to behavioral telehealth across state lines
12/23/24
While telehealth has become normative among behavioral health providers (e.g., counselors, clinical social workers, and psychologists), uncertainty still exists among some providers about where and how they can practice telehealth across state lines. The general rule …
12/20/24
By: Richard Jones and Stinelly “Nelly” Peña
The Supreme Court of Florida has finalized a major overhaul of Florida’s civil case management and discovery rules via amendments to Florida’s Rules of Civil Procedure. These rule changes will take effect on …
BOI reporting update: A continually shifting landscape
12/18/24
By: William R. Covino and Nancy M. Reimer
Those seeking clarity over the enforceability of the Corporate Transparency Act (the “CTA”) and their obligation to file beneficial ownership reports with the Financial Crimes Enforcement Network (“FinCEN”) now face another layer …
FinCen declares BOI reports voluntary amid nationwide injunction of the Corporate Transparency Act
12/9/24
By: William R. Covino and Nancy M. Reimer
On December 3, 2024, in Texas Top Cop Shop, Inc., et al. v. Merrick Garland, Attorney General of the United States, et al., Civil Action No. 4:24-CV-478 the Eastern District Court …
Ohio’s new R.C. 2307.241 clarifies parties to be named in professional liability lawsuits
11/26/24
By: Cori M. Agnoni and Amy C. Baughman
Ohio’s newly enacted statute, R.C. 2307.241, which took effect on October 24, 2024, alters the approach to bringing liability claims against professional service providers. Its prospective application permits injured parties to file …
Illinois Appellate court reaffirms the state’s broad application of the litigation privilege
8/26/24
By: Thomas T. Bishop and Donald Patrick Eckler
Yes, even emails to interested nonlitigants can be protected by litigation privilege in Illinois. That is the result from the Illinois Appellate Court, First District, in Qualizza v. Freeman et. al., …
8/21/24
By: Allison H. Eddy and Nancy M. Reimer
In Koch, et al. v. Curley, et. al, the Massachusetts Superior Court disqualified an attorney from defending a client when the attorney previously represented the client’s former employer who was the Plaintiff. …
ABA issues formal guidance for lawyers’ use of generative AI
8/14/24
On July 29, 2024, the American Bar Association (“ABA”) Standing Committee on Ethics and Professional Responsibility issued its first opinion regarding attorneys’ use of generative artificial intelligence (“GAI”). Formal Opinion 512 on Generative Artificial Intelligence Tools …
Is the standard 6% commission fee for real estate agents a thing of the past?
7/24/24
By: Mandy D. Hexom and Tim Soefje
You may have heard the news about upcoming changes to real estate commissions throughout the nation. The National Association of Realtors (“NAR”), the largest trade association of more than 1.5 million real estate …