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Search OptionsInsightsCoronavirus Concerns May Implicate Force Majeure Contract Issues
So-called force majeure clauses typically are contained in contracts to excuse performance by the parties for acts of God, impossibility of performance, disaster, and other circumstances beyond the control of the parties. This clause may have… 
Amy M. Levander to Present at 2020 Executive Women in Healthcare Legislative Update
Amy M. Levander will be presenting at the 2020 Executive Women in Healthcare Legislative Update on Wednesday, March 18. Ms. Levander will share information regarding recent healthcare laws passed during the 2020 Indiana Legislative Session. For more… 
Indiana Court of Appeals Expands De Facto Merger Exception to the General Rule Regarding Corporate Liability for Debts
On March 2, 2020, in New Nello Operating Co., LLC v. CompressAir, the Indiana Court of Appeals expanded the so-called “de facto merger” exception to the general rule that when one corporation purchases the assets of another, the buyer does not… 
What Can We Do? Coronavirus Guidance for Employers
Employers are increasingly asking questions about what plans to put in place and how to respond to instances of Coronavirus disease (COVID-19) in the workplace. Employers are also rightfully concerned about the legal limits as to what they can say… 
Proposed Regulations on Meals and Entertainment Expenses
On February 26, 2020, the IRS and Treasury published proposed regulations (“Proposed Regulations”) providing guidance under §274 of the Internal Revenue Code (“Code”) as amended by the Tax Cut and Jobs Act, Pub. L. No. 115-97, §13304, 131 Stat.… 
The Setting Every Community Up for Retirement Enhancement (SECURE) Act
On December 20, 2019, the Setting Every Community Up for Retirement Enhancement (SECURE) Act was signed into law by President Trump as a part of a larger budget appropriations bill. Many who have commented on the SECURE Act believe it is the most… Mandatory Arbitration, Class Action & Exhaustion Provisions: Cause to Amend Claims Procedures?
Nearly two months into 2020, you are finally beginning to recover from yet another chaotic group health plan open-enrollment, so now might be the perfect time to consider updating your organization’s retirement plan documents. A couple of ERISA… 
Krieg DeVault Announces 18 Attorneys as 2020 Indiana Super Lawyers; 1 as a 2020 Illinois Super Lawyer; 5 as 2020 Indiana Rising Stars
18 attorneys from Krieg DeVault were named to the 2020 Indiana Super Lawyers listing, and 1 named to the 2020 Illinois Super Lawyers listing. The firm had an additional 5 attorneys named to the Indiana Rising Stars list, which is designated for… Seventh Circuit Confirms that the Bankruptcy Code Expressly Subordinates a Seller's Reclamation Claim to the Prior Rights of a Secured Creditor
In Whirlpool Corp. v. Wells Fargo Bank, National Association (In re hhgregg, Inc.), (7th Cir. Feb. 11. 2020), the United States Court of Appeals for the Seventh Circuit held that the current enactment of the United States Bankruptcy Code (the “… 
Indiana Supreme Court Rejects Imposition of “Rule of Reasonableness” on the Statutes of Limitations Applicable to a Lender's Pursuit of a Defaulted Mortgage Installment Promissory Note
In a pair of decisions issued February 17, 2020, the Indiana Supreme Court ruled in favor of lenders in issuing guidance regarding the statutes of limitations applicable to a lender’s pursuit of a defaulted promissory note and a defaulted mortgage.… 
Failure to Report HIPAA Breaches Results in Costly Fine and Corrective Action Plan
Sentara Hospitals (Sentara) entered into a $2.175 million settlement and corrective action plan with the Office of Civil Rights (OCR) under the U.S. Department of Health and Human Services (HHS) for alleged violations of the Health Insurance… 
Genetic Information under HIPAA
Genetic Information is quickly becoming an important part of our lives. The Health Insurance Portability and Accountability Act of 1996,[1] as amended, and the final Privacy Rule[2] (HIPAA) are implicated by a healthcare provider’s or benefit plan’s… 
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