Monthly Archives: August 2012

Massachusetts Bans Mandatory Overtime for Nurses: Nurses Association Applauds

By Amy J. Traub and Ian Nanos

A new law in Massachusetts prohibits hospitals from requiring nursing staff to work mandatory overtime under most circumstances. The law, which will go into effect in 90 days, has strong support from the Massachusetts Nurses Association/National Nurses United. Citing increased chances for costly mistakes and the dangers to patients associated with mandatory overtime, representatives of the Nurses Association applauded the measure, stating that it will protect patients and ensure safe, quality patient care, while saving money.

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Richard H. Blake joins the White Collar and Government Compliance Practice Group at McDonald Hopkins

Cleveland, Ohio, (August 13, 2012) – Richard H. Blake, who served as a federal prosecutor with both the Department of Justice and Department of Treasury for nearly 20 years and most recently was a partner at Bricker & Eckler LLP, has joined McDonald Hopkins LLC as a member and  co-chair of the firm’s White Collar and Government Compliance Practice Group. He will be based in the Cleveland office.

Blake’s impressive experience includes successfully representing public officials in high profile corruption cases, such as the first public official to be acquitted of all corruption charges in the federal government’s Cuyahoga County public corruption investigation. He has represented numerous organizations and individuals in federal qui tam and criminal investigations. In addition, Blake has conducted internal investigations for government entities, hospitals and private companies.

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Raymond M. Krauze and Justin L. Weisberg listed as attorneys in successful litigation case in Mealey’s Insurance Pleadings newsletter

Arnstein & Lehr Attorney Raymond M. Krauze

Raymond M. Krauze

Arnstein & Lehr Attorney Justin L. Weisberg

Justin L. Weisberg

Arnstein & Lehr Chicago Partners Raymond M. Krauze and Justin L. Weisberg were listed as plaintiff’s attorneys in a motion to dismiss counterclaim case that was featured in the August 9 issue of LexisNexis Mealey’s Insurance Pleadings. The article, titled “Insured Seeks Dismissal Of ‘Redundant’ Counterclaim In Pollution Liability Dispute,” discusses a breach of contract case, Frank F. Kucera Co. v. Navigators Insurance Co., No. 12-00693, N.D. Ill., that was won by Mr. Krauze and Mr. Weisberg.

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Providers: Do Your Managed Care Participation Agreements Apply to New Insurance Exchange Products?

by Jackie Selby and Jane L. Kuesel

As enacted in the Patient Protection and Affordable Care Act, states are required to have established operational health benefit exchanges by January 1, 2014, or the federal government will implement one for them. These exchanges will allow individuals and small businesses to buy health care coverage and are expected to add approximately 30 million currently uninsured persons to the health insurance market. Most of the health plans that will be offered on such exchanges will be managed care plans with networks of participating providers. Thus, the resulting new business will be covered by hospital, physician, and other provider participation agreements with such managed care plans.

Read the full alert here

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John L. Ropiequet elected as VP-Meetings of the Governing Committee of the Conference on Consumer Finance Law

Arnstein & Lehr Attorney John L. Ropiequet

John L. Ropiequet

Arnstein & Lehr Chicago Partner John L. Ropiequet has been elected to a three-year term as Vice President–Meetings of the Governing Committee of the Conference on Consumer Finance Law. The Conference was founded in 1927 and promotes the sound development of consumer finance law through publishing a Quarterly Report for the past 66 years, which covers issues and developments in consumer finance law, and by sponsoring educational programs in conjunction with the American Bar Association and others. John has been a member of its Governing Committee since 2003.

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Raymond J. Werner featured in Chicago Daily Law Bulletin for his leadership role in Arnstein’s growth

Arnstein & Lehr Raymond J. Werner

Raymond J. Werner

Arnstein & Lehr Chicago Managing Partner Raymond J. Werner was featured in an August 7 article in the Chicago Daily Law Bulletin, titled “Werner guides firm to growth.” The article discusses Arnstein & Lehr’s expansion into Florida thirty years ago, the firm’s concentration on commercial litigation and business law matters, and Mr. Werner’s background and role as managing partner of the firm.

To read the article in full, click here.

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NLRB’s Scrutiny of Employment-at-Will Disclaimers Signals a Trend to Employers

By:  Bill Milani, Susan Gross Sholinsky, Dean Silverberg,  Steve Swirsky, and Jennifer Goldman

EBG has prepared an Act Now Advisory on the NLRB’s recent stance on employment-at-will disclaimers, which are generally incorporated in employee handbooks. Two recent claims filed before the National Labor Relations Board in Arizona alleged that language used in employers handbooks regarding at-will employment (and how that arrangement could not be changed) were overly broad and could therefore chill employees’ rights under the National Labor Relations Act.

Hospitality employers should review their employee handbooks in light of the NLRB’s recent enforcement position. 

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ILN Today Post

Kochański Zięba Rapala & Partners wins another case in defense of freedom of speech in the first instance

On 7 August 2012 the Regional Court in Warsaw dismissed, in its entirety, the action of Sovereign Capital in the case against Ringier Axel Springer Polska Sp. z o.o. and Wojciech Cieśla, the author.

The case was fought over alleged infringement of personal interests by the article titled “Transparency International hides its sponsors and settles their matters” published on 30 April 2009 in Dziennik Polska Europa Świat. The article by Wojciech Cieśla won the Grand Press award in 2009 in the investigative journalism category.

One of the main companies featured in the article was Sovereign Capital, which claimed that the article violated its personal interests and sued the publisher and the author of the text, calling for an apology, compensation and payment to charity. Tobiasz Szychowski from Kochański Zięba Rapala & Partners represented Ringier Axel Springer publishing house – one of the largest Polish publishers and author of the article.

The Regional Court dismissed the action finding that the allegations raised by Sovereign Capital concerning infringement of journalistic integrity and diligence were unfounded and unjustified. According to the Court, the article contained true information and justifiable critical assessment; which journalists have the right to do. The judgment is not final and binding.

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ILN Today Post

Landmark Receivership and Mortgages Case (13.8.2012)

Joe O’Meara, Partner, Holmes O’Malley Sexton, recently acted for the receiver in the High Court case McEnery v Sheahan. This is the most recent in a series of cases including Start Mortgages, Kavanagh v Lynch and EBS v Gillespie, dealing with the impact of the repeal of certain legislative provisions by the Land & Conveyancing Law Reform Act 2009 (the “2009 Act”).

Mr Justice Feeney delivered a decision in respect of the ri…

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