Neal Gerber & Eisenberg LLP

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Contract auto-renewals not necessarily so “automatic” as recent NY case demonstrates

June 25 2012 An “auto-renewal” clause in a contract provides that the term of the contract will automatically renew at the end of the specified term, unless a party provides advance notice of its intent to cancel (which typically must be given by a designated deadline).

Defective construction claims: where breach of warranty and covered occurrences merge or divide

March 21 2014 In the construction industry, every owner, general contractor and subcontractor understands the necessity to include the cost of insurance in bids…

CMS expands Medicare Advantage encounter data reporting requirements

August 19 2008 The Centers for Medicare and Medicaid Services (CMS) expanded its authority to collect and use encounter data for risk adjustment and other purposes by a final amendment to Section 422.310 of the Medicare Advantage (MA) Rule.

Is continued employment enough to uphold invention assignment agreements?

October 24 2012 It is a common misconception that employers automatically own the rights to intellectual property created by their employees.

Can an employer wrongfully “hire” someone? A recent case highlights potential pitfalls of the hiring process

December 8 2010 A federal jury recently awarded a former Seagate Technology engineer $1.9 million on his claim that he was wrongfully "hired" by the company.

"Non-trivial probability" of excess judgment obligates insurer to pay for independent defense counsel

July 7 2014 The court in Perma-Pipe, Inc. v. Liberty Surplus Insurance Corporation, Case No. 13 C 2989, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014)…

American Broadcasting Companies v. Aereo, Inc.: Supreme Court departs from volitional act test for copyright infringement

July 3 2014 On June 25, the Supreme Court issued its much-anticipated decision in the case of American Broadcasting Companies, et al. V. Aereo, Inc. f/k/a…

NLRB v. Noel Canning, et al.: Supreme Court finds recess appointments to NLRB invalid

June 27 2014 On June 26, 2014, the United States Supreme Court issued its long-awaited decision in the case of NLRB v. Noel Canning, et al., No. 12- 1281. The…

The CFPB eyes supervisory regulation over large auto-lenders

June 24 2014 Large auto-lenders may soon have to contend with a new regulator. In its most recent semi-annual report, the Consumer Financial Protection Bureau…

State farm’s relentless pursuit to deny coverage for TCPA cases

June 23 2014 As policyholder lawyers, one can usually count on a few basic mistakes that insurers will make. First, they wrongfully deny coverage and fail to…