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The work of subcontractors is largely guided by the written contracts to which they agree, making those contracts important to their company’s success. Ideally, contracts should be balanced, and they should allocate risk to the party able to control the risk, but that is often not the case. Though...
On May 25, 2023, the Illinois legislature passed HB 2878, a colossal 195-page bill, that impacts numerous public procurement laws, including curbing the percentage of retainage that local governments may withhold from contractors on public construction projects in Illinois. On June 22, 2023, the...
This month’s Friday Five covers cases relating to what constitutes a fiduciary function, a finding of disability despite working full-time, an enforcement of suit limitation clause, the circumstances under which reinstatement is an appropriate remedy, and ERISA preemption. The Saul Ewing LLP...
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a settlement on June 28, 2023 of potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules with iHealth Solutions, LLC (doing business as Advantum...
Contractors could start seeing six-figure fines from the Occupational Safety and Health Administration (OSHA) in the next few months thanks to sweeping policy changes implemented earlier this year. In a press release and two internal memoranda issued January 26, 2023, the Department of Labor (DOL)...
Contingent Liability Insurance Demystified Partner Brian Michalek will speak on a panel during the 2023 Transaction Solutions Symposium. More information to come.
In a recent decision by the Seventh U.S. Circuit Court of Appeals, the court interpreted Illinois law and clarified the rights and obligations of owners, their insurers and public adjusters in the situation in which the public adjuster is identified as a co-payee on a check paying insurance proceeds...
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently announced two settlements with HIPAA-covered entities – one in Washington State and one in New Jersey with settlements of $240,000 and $30,000, respectively. In the Washington State settlement, hospital...
The use of artificial intelligence (AI) to create various forms of media raises interesting legal issues relating to the protection of intellectual property. Generative AI is being used to create songs that have vocals and other characteristics that mimic the sound and style of famous musicians...
This month’s Friday Five covers cases relating to a plaintiff’s attempts to seal a complaint seeking disability benefits, an administrator’s uncommunicated decision to discontinue its investigation into certain medical conditions, an administrator’s loss of the deferential standard of review for...
If you are the owner or co-owner of a small to medium-size medical practice, dental practice, or other health care concern, you have probably never thought of your practice as the type of vehicle that can be used to launder money—not much revenue in the form of cash, too much regulatory oversight...
As construction is truly a team sport, a contractor’s success hinges on the contributions of all team members—the laborers and tradesman, the project managers and office personnel, c-suite executives, and, yes, the company’s lawyer. Too often, however, construction companies turn to counsel as a...
Earlier this month, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced two (2) different settlements, one with a HIPAA business associate for $350,000 and one with a HIPAA-covered entity pursuant to the OCR Right of Access Initiative for $15,000...
This month’s Friday Five explores two recent decisions that discuss limitations on benefits when both physical disability and disability arising from mental illness are alleged, whether remand of a claim by the court constitutes a new appeal or a continuation of the previous appeal, whether an order...
What Do We Do Now?! How To Handle an OSHA Inspection An inspection from the Occupational Safety and Health Administration (OSHA) can affect a construction site in many ways—from workflow disruptions to compliance issues. In this seminar, Michael Metz-Topodas reviews the regulatory requirements...
A recent decision resolving a dispute arising from pre-pandemic supply chain issues that delayed construction of a wind farm in Illinois illustrates the ever-present risks posed by supply chain disruptions and provides a sobering demonstration of how liability for these risks can be shifted by...
Brave New World – Emerging Standards for Safety and Health in the Cannabis Industry Partners Jonathan Havens and Michael Metz-Topodas will be speaking during a CLE Webinar about emerging standards in the cannabis industry. Topics for Discussion include: Overview of the cannabis process and health...
Current Issues in Insurance Regulation 2023 The 33nd annual program on Current Issues in Insurance Regulation features regional and national leaders exploring topical issues of importance to the insurance industry, with opportunities for questions and interaction with the faculty. As in prior...