Hepler Broom, LLC

Putting Your Legal Malpractice Carrier on Notice of a Potential Claim: Must a Missouri Lawyer “Foresee” Changes in the Law?

November 19, 2019

In determining whether a lawyer must report a potential malpractice claim on a professional liability “errors and omissions” renewal or application form, must the insured attorney foresee how Missouri appellate courts would interpret a legal issue never before addressed? Based on a recent Missouri Court of Appeals opinion, the answer seems to be perhaps yes. […]

No “Costs” Uncovered: The Appellate Court’s Expansive Redefinition of “Costs”

November 12, 2019

Grauer v. Clare Oaks, et al, 2019 IL App (1st) 180835, is noteworthy to all counsel who regularly encounter fee-shifting statutes in their practice. Grauer was borne out of a verdict against a nursing home, but the court’s analysis as to the reasonableness of attorney’s fees and what constitutes “costs” in the context of the […]

Right to Intervene Under Missouri Statute Section 537.065 is Not Retroactive to Trials and Contracts Pre-Dating the 2017 Amended Statute – Even if Judgment Was Not Yet Entered

October 29, 2019

The Missouri Supreme Court recently affirmed a trial court’s order denying an insurance company’s motion to intervene and set aside a judgment that was entered following the plaintiffs’ contract with a defendant to limit recovery of the judgment against the insurance company pursuant to Missouri Statute Section 537.065. Desai, M.D., et al. v. Seneca Specialty […]

Uncovering Fraudulently Incorporated Professional Service Corporations

October 22, 2019

Anyone who has spent time reviewing claim forms and bills submitted by medical providers has probably encountered at least some of the more typical fraud schemes: overbilling, false claims, or maybe even kickbacks and bribery. Sophisticated technology, investigative techniques, and data analytics let us zoom in – and out – to identify these traditional forms […]

Midwest Generation Seeks Reconsideration of Pollution Control Board Ruling Constricting Effective Period of Groundwater Management Zones to Duration of Active Remedial Work

October 15, 2019

On September 9, 2019, Midwest Generation, LLC (“MWG”) asked the Illinois Pollution Control Board (“Board”) to reconsider its interim order of June 20, 2019, in the enforcement case of Sierra Club v. Midwest Generation, LLC (docketed as PCB 13-15). That decision may have far-reaching implications for any party that has entered into an environmental compliance […]

Not Just Another Day at the “Breach”: Risk Allocation in a Specialized Construction Climate

September 26, 2019

As construction projects become more complex, new technologies and innovations more specialized, trades more regulated, and bidding more competitive, general construction contractors have become increasingly reliant on subcontractors to perform construction contracts. The result is that general contractors are less able to control, inspect, and even assess the work. Yet despite this continued shift, general […]

Weeding Through the Landscape of Missouri’s New Medical Marijuana Regulations

September 5, 2019

Missouri’s inaugural medical marijuana facility application period ended recently (on August 19, 2019). Now that the smoke begins to clear from the application process, hopeful applicants can focus their energy on fostering relationships so that their businesses can launch as soon as possible. With even the earliest anticipated harvest being at least several weeks after […]

Missouri Introduces New Venue Statutes for Lawsuits Against Insurance Companies

September 3, 2019

On May 1, 2019, Senate Bill 7 was passed as part of the Missouri legislature’s overarching goal to refine Missouri’s broad venue rules, which previously had allowed plaintiffs to pursue their claims in Missouri venues with no connection to their injuries or events which led to their injuries. Particular provisions of the new venue rules […]

Does an Illinois Insurance Producer Owe a Legal Duty to an Additional Insured on a Policy It Procured? It Certainly Shouldn’t, and Here’s Why?

August 29, 2019

HeplerBroom has a long history of defending insurance producers across Illinois, with a strong appellate record on the ordinary-care duty and statute of limitations issues in particular. Western Cons. Prem. Properties, Inc., v. Norman-Spencer Agency, Inc., 845 F.3d 313 (7th Cir. 2017) (duty); RVP, LLC, v. Advantage Insurance Services, Inc., 2017 IL App (3d) 160276 […]

Antitrust Compliance Programs – Now More than Ever

August 15, 2019

Chances are you first become aware that your company is a target or subject of a criminal antitrust investigation when you receive a grand jury subpoena, or worse, when federal agents show up with a search warrant asking questions. This is serious business, given the consequences. Among the many questions experienced antitrust counsel will ask […]