Member Publications

With recent mass shooting events dominating news headlines across the United States, it can seem as though gun violence has become ubiquitous in American life. And statistics sadly confirm that mass shootings have become a daily occurrence, with 2023 on pace to be one of the worst years for mass shootings in the U.S. on record. According to data from the Gun Violence Archive, a non-profit that tra…

Last week, in Gibson et al. v. MGM Resorts Int’l et al.,1 the United States District Court for the District of Nevada dismissed a putative antitrust class action without prejudice against Cendyn Group, LLC (“Cendyn”), a private company that provides technology for the hospitality industry, and the operators of several hotels on the Las Vegas strip, including the Bellagio, Wynn, Caesar’s Palace, MG…

The recent decision of the Federal Labor Court (BAG, decision of May 9, 2023 - 1 ABR 14/22) for employers in whose companies a works council has been constituted can have significant consequences in the future. I. Right to Information of the Works Council The works council of a waste disposal service provider wanted to ensure that the company fulfilled its various obligations towards severely di…

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…

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…

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…

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…

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…

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…

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…