Category

Business
Commercial general liability policies regularly provide an insurance carrier with the express right to control the defense of litigation, but who selects the insured’s counsel to represent the insured in the litigation?  Not only do liability policies routinely provide a carrier to control the defense, but typically policies do not expressly grant a policyholder the...
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On Friday, July 9, 2021, President Biden signed a sweeping Executive Order to promote competition across the US economy. The Executive Order urges more than a dozen federal agencies to crack down on competition problems across a variety of industries. What Employers Should Know First, it must be noted that the Executive Order includes only...
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On March 23, 2021, Illinois Governor J.B. Pritzker signed into law Senate Bill 1480, which amends the Illinois Human Rights Act, the Illinois Equal Pay Act, and the Illinois Business Corporation Act.  SB 1480, which became law immediately, sets forth various new requirements on employers that will require careful consideration and implementation. 1. Employers Are...
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On March 15, 20121, a federal judge for the Middle District of Tennessee ruled that the Centers for Disease Control’s nationwide eviction moratorium is illegal and unenforceable. Three federal judges have now ruled that the moratorium is illegal, while two federal judges in other jurisdictions have upheld the moratorium. As a result, the eviction moratorium...
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As of February 2021, more than 1,500 COVID-related business interruption lawsuits have been filed in the United States. Of those 1,500 suits, 10 have been filed in Indiana state and federal courts with no decisions having been reached on the merits of the case. As shared in our previous updates Business Insurance Coverage for COVID-19...
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On February 18, 2021, Indiana Governor Eric Holcomb signed into law Senate Bill 1 that provides employers’ civil tort immunity related to COVID-19. The immunity applies to causes of action that accrue from March 1, 2020 through December 31, 2024. The law specifically provides a person is immune from civil tort liability for damages arising...
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Congress’ passing of the National Defense Authorization Act of 2021 included new reporting requirements for certain private companies in the United States. The Corporate Transparency Act (the “CTA”), designed to aid the United States in combatting money laundering and other financial crimes, requires all applicable U.S. companies to regularly file information regarding their “beneficial ownership”...
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On November 25, 2020, Abercrombie & Fitch received the crushing news that the Indiana Court of Appeals was not buying their argument that “the current uncertainty regarding the impact of COVID-19” entitled them to unilaterally void a lease arrangement with Simon Properties under which the parties had operated for over two months.  The Indiana Court...
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On January 14, 2021, President-elect Joe Biden announced his American Rescue Plan through which he plans to provide much-needed economic relief from the COVID-19 pandemic. His plan includes expansion of the paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”) as detailed below. Expansion of Covered Employers  The plan covers all employers. This...
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On December 29, the Department of Labor (“DOL”) published two new Field Assistance Bulletins (“FABS”) addressing issues related to the ongoing COVID-19 pandemic.  FAB 2020-7 addresses electronic notice postings requirements under federal labor laws.  FAB 2020-8 in turn clarifies how telemedicine visits may qualify for FMLA leave.  These new guidelines are discussed in detail below. ...
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