Indiana high court gives leeway to standard of care opinions
2/12/24
By: Joshua W. Zhao
In Korakis v. Memorial Hospital of South Bend et al., No. 23S-CT-109 (2024), the Indiana Supreme Court considered whether a medical expert must expressly state the applicable standard of care in their affidavit for the …
Is it time to revisit your Non-Compete? Limited Partnership Non-Compete provision endorsed
1/31/24
In an environment when non-competition agreements have been under attack, the Delaware Supreme Court on January 29, 2024 validated and endorsed the enforcement of a limited partnership agreement’s non-compete tied to an income-forfeiture provision applicable to …
The Florida Bar adopts guidance for AI: sounds like something AI would say
1/24/24
By: Jessica Cauley
In November 2023, the Florida Bar’s Committee on Professional Ethics (“Committee”) first issued its Proposed Advisory Opinion on generative artificial intelligence (“AI”), joining few other states and judges to give ink to answer ever-growing questions about its …
12/12/23
By: Joshua W. Zhao and Donald Patrick Eckler
Do a dental clinic’s business practices fall under the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1 et seq. even if the practice of dentistry does not? …
The role of AI in the legal industry: exploring the potential changes
11/30/23
By: Michael B. Gelfound and Samuel C. Jeon
Lawyers are witnessing the integration of artificial intelligence (AI) into their practices. As with many other professionals, lawyers are exploring the potential applications of this technology. Tools such as ChatGPT and advanced …
Massachusetts lawyer receives public reprimand for witness coaching at remote deposition
11/28/23
On November 6, 2023, the Commonwealth of Massachusetts Board of Bar Overseers of the Supreme Judicial Court (“BBO”) issued a Massachusetts lawyer (the “Lawyer”) a public reprimand for coaching a witness at a deposition in what …
10/17/23
By: Cameron Regnery and Scott Eric Anderson
The “Apex Doctrine” is a legal principal aimed at protecting top executives and government officials from having to sit for a deposition in certain situations. The Doctrine recognizes that the burden …
Illinois Appellate Court decides issue of first impression in data breach case
10/12/23
By: Donald Patrick Eckler and Adelaide Bell
In a matter of first impression, the Illinois Appellate Court has decided what is sufficient to have standing to pursue a data breach lawsuit under Illinois law. In Flores v. Aon Corp., …
10/11/23
By: Donald Patrick Eckler and Adelaide Bell
Does a death on termination clause in a nursing home contract terminate the entirety of the contract, including the arbitration agreement? Resolving a conflict between the districts of the Illinois Appellate Court, the …
10/5/23
By: Donald Patrick Eckler and Joshua W. Zhao
In Conrads v. Rush-Copley Medical Center, Inc., 2023 IL App (2d) 220455, the Appellate Court of Illinois addressed the factors that a court should consider when determining whether a physician constitutes …
Statute of limitations and release doom an Illinois plaintiff’s legal malpractice claim
10/3/23
By: Donald Patrick Eckler and Joshua W. Zhao
Reaffirming the well settled law that a plaintiff’s knowledge that they have been injured commences the statute of limitations even if the plaintiff does not know that the defendant caused the injury …
9/28/23
By: Donald Patrick Eckler and Adelaide Bell
In the recent case of Comprehensive Marketing, Inc. v. Huck Bouma P.C., and Mark Bishop, 2023 IL App (1st) 220694-U, the court examined allegations of legal malpractice and breach of contract, emphasizing …