Member Publications

October 18, 2023
Here is an issue that comes up with surprising frequency. A client learned of a pending lawsuit that could affect his rights, but he was not named as a party to the action. The question was put to me, “what options do I have?” The litigation answer that was directly on point was “intervention.” The client’s response, predictably, was “what is that?” Intervention is exactly what the word suggests…
October 12, 2023
About one-third of legal malpractice claims are counterclaims filed by clients who were sued for fees by their lawyers. Some clients will counter-sue for malpractice to avoid paying fees that they cannot afford to pay. Other clients may not have paid the fees because they were unhappy with the services provided but were not going to sue for malpractice unless forced to do so because they were sued…
October 11, 2023
ABSTRACT: The Eighth Circuit Court of Appeals, applying Missouri Law, affirmed an Order granting summary judgment in favor of Owners Insurance Company, finding that a request for reimbursement from an adverse party did not breach the applicable insurance policy or duty of good-faith. Plaintiffs/Appellants, White Knight Diner, LLC, Larry Lee Hinds and Karen Freiner (collectively “White Knight”) b…
October 10, 2023
When does a perpetual contract for transportation services end? The answer may not be as clear as one would think.  Recently, the United States Court of Appeals for the Seventh Circuit decided Beach Forwarders, Inc. v. Service By Air, Inc. on August 7, 2023.  76 F.4th 610 (7th Cir. 2023).  The Court was faced with questions related to a party’s ability to terminate a perpetual contract with no opt…
October 10, 2023
For a number of years, certain Federal, state and local tax incentives have been available to promote, among other things, the importance of renewable energy like solar power. These incentives benefit Florida’s business owners and residents who choose to implement solar energy systems on their property. How these incentives are applied, and how long they are available, have been changed by the re…
October 3, 2023
Weinhold Legal released an article detailing the Bill amending Act No. 253/2008 Coll, on Certain Measures against the Legalization of the Proceeds of Crime and the Financing of Terrorism, as amended (hereinafter referred to as the "AML Act" and the "Amendment"), which was submitted to the Chamber of Deputies by the Government, aims to implement the measures contained in the Action Plan to the Repo…
October 2, 2023
Usually, clients are happy to have a case settled, or at least relieved to have the case end.  However, sometimes clients have second thoughts about the settlement and end up suing their lawyer after the settlement claiming either:  (1) the lawyer acted without authority; (2) the lawyer did not provide all the critical information to the client so the client could make an informed decision about t…
October 2, 2023
The weather may be cooling down, but the Securities and Exchange Commission (“SEC”) did not cool down its pace of rulemaking during the third quarter of 2023. The SEC adopted its highly anticipated cybersecurity disclosure rules, which will become effective in the fourth quarter of 2023 along with share repurchase rule amendments. Additionally, the SEC provided clarification on its amendments rela…
September 27, 2023
The Dutch Act on gender diversity in boardrooms of Dutch companies (the Diversity Act1) introduces measures to improve gender equality on the management board, supervisory board and the sub-top management of Dutch companies. They include an obligation to report on targets and progress to the SER (Sociaal Economische Raad). The first reporting deadline is 31 October 2023. As this deadline approache…
September 27, 2023
In a recent Illinois district court case, Su v. Flying Food Group (N.D. Ill. Aug. 30, 2023), the DOL takes issue with the imposition of a tobacco surcharge on health plan participants who reported tobacco use given the lack of any alternative standard, “reasonable or otherwise,” which would allow tobacco-users to obtain discounted premiums offered to participants who reported that they had not use…