North America

"LaTourette: House Speaker Boehner Won’t Let U.S. Default," Steve LaTourette featured in ideastream

McDonald Hopkins Government Strategies President Steve LaTourette was featured in the ideastream article ”LaTourette: House Speaker Boehner Won’t Let U.S. Default.”

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Genetic Transformation Injury As A Basis For Emotional Distress Damages

The traditional rule in tort law is that the threat of future harm, not yet realized, is not sufficient to state a claim. However, over the past twenty-five years, plaintiffs in toxic tort litigation have sought to assert new non-injury damage claims, such as medical monitoring and fear of cancer. Providing compensation for an event that has not yet occurred and, indeed, may never occur, is a long way from traditional tort, which only permits recovery when a victim has suffered a harm.

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“HIPAA-COMPLIANT” Texting of PHI: The Good. The Bad. The Ugly.

By:  Alaap Shah and Ali Lakhani

The Good: 

“Hey Doc, just shoot me a text . . .”

The business case supporting text messaging in a health care environment is compelling – it is mobile, fast, direct, and increases dialogue between physicians and patients as well as streamlines the often inefficient page/callback paradigm that stalls workflows and efficiency in the supply chain of healthcare delivery.  As a growing percentage of the 171 billion monthly text messages in the U.S. are sent by healthcare providers, often containing electronic protected health information (ePHI), providers are potentially exposing themselves to regulatory liabilities arising under the Health Information Portability and Accountability Act (HIPAA).

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New York State Department of Labor Adopts Wage Deduction Regulations

By William J. Milani, Dean L. Silverberg, Jeffrey M. Landes, Susan Gross Sholinsky, Anna A. Cohen, and Jennifer A. Goldman

The New York State Department of Labor (“DOL”) has adopted wage deduction regulations (“Final Regulations”) pertaining to the expanded categories of permissible wage deductions in the New York Labor Law, effective October 9, 2013. 

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Barry Chatz participates in bankruptcy roundtable for Financier Worldwide Magazine

Arnstein & Lehr

Barry Chatz

Arnstein & Lehr Chicago Partner Barry A. Chatz participated in Financier Worldwide Magazine’s Bankruptcy in the Americas Roundtable.  While corporate bankruptcy filings in the U.S. have declined, they have risen in other places.  One thing remains consistent, creditors are determined to recover as much value as possible against insolvent debtors, and bankruptcy proceedings are increasingly litigious.  Barry was one of eight panelists to discuss this issue in the article that was published in September.  To read in full, please click here.

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No Unanimity As To What New ASTM E1527-13 Standard Requires

Some environmental practitioners contend that Phase I site assessments, commonly used in real estate transactions, will now be more costly and time consuming due to the new standard. Seyfarth Shaw counsels in its Client Alert that the new standard requires that, “if the subject property has soil contamination or is underlain by groundwater contamination, unless the risk of vapor intrusion can be screened out, Phase II sampling likely will be necessary.”

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Davis Malm attorneys C. Michael MalmJohn D. Chambliss, and Daniel T. Janis represented long-standing client Clean Harbors, Inc. (NYSE: CLH) in its recent $60.5 million acquisition of Evergreen Oil, Inc., a California oil re-refinery which filed for Chapter 11 bankruptcy. The transaction was structured such that Safety-Kleen, a Clean Harbors subsidiary, purchased all of Evergreen’s outstanding shares through a bankruptcy plan of reorganization. The transaction involved complex negotiations with Evergreen’s owner and its primary secured lender, and had to be approved by numerous classes of Evergreen creditors.

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"Open and Shut Case," Steve LaTourette for Newsweek

McDonald Hopkins Government Strategies President Steve LaTourette wrote the Newsweek article “Open and Shut Case.”

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The Real Cyber Risk: Threats, Valuation and Protection (Jim Giszczak)

Jim Giszczak will be speaking at the NetDiligence Cyber Risk & Privacy Liability forum’s session, The Real Cyber Risk: Threats, Valulation and Protection on October 11th.

What: NetDiligence Cyber Risk & Privacy Liability forum

The Real Cyber Risk: Threats, Valuation & Protection

Where: Marina del Rey Ritz Carlton, California

When: October 11, 2013 8:00 a.m.

Click here to register for the conference.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — October 11, 2013

The government shutdown continues

The government shutdown, which began at midnight on Monday, September 30, continues on as of today. The shutdown will be the fourth longest in American history at the end of today. If the shutdown lasts through the weekend it will be the third longest in American history—behind only the 1978 partial shutdown (18 days) and the 1995-1996 shutdown that lasted 21 days.

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