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“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

COVID19



Illinois Businesses Should Look At The Model ABA Rules For Guidance On Virtual Practice

Illinois Businesses Should Look At The Model ABA Rules For Guidance On Virtual Practice

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More than a year has passed since businesses moved to a virtual format in the wake of the Covid-19 global pandemic. Covid-19 is still circulating and new strains, including some more virulent strains, are still a concern for much of the world. We can no longer assume that the remote work place is merely a temporary convenience. While some businesses are in the process of returning their workers to the office, for many businesses, virtual offices is here to stay. All businesses, but especially small businesses, need to explore how to keep private client information confidential. Confidentiality is important not only for state and federal compliance laws, but also to serve client needs and expectations.


Categories COVID19 Employment Law General Litigation Legal Updates


Mandatory Employee COVID-19 Vaccination Policies Receive Approval from the EEOC

Mandatory Employee COVID-19 Vaccination Policies Receive Approval from the EEOC

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Employers may be able to mandate that employees get a COVID-19 vaccination before returning to the workplace. The EEOC has updated its COVID-19 webpage to include a section regarding guidance on whether an employer-mandated vaccination policy would violate various federal laws. While the EEOC guidance does not directly state that mandatory vaccination policies are lawful, it addresses various other employee protection laws predicated on the notion that such a mandate is lawful. According to the EEOC, employers are required to provide a safe workplace in which “….an individual shall not pose a direct threat to the health or safety of individuals in the workplace.”


Categories Business Law COVID19 Employment Law General Litigation Health Care Law Legal Updates


Municipal Authority and Liability During COVID-19 Pandemic

Municipal Authority and Liability During COVID-19 Pandemic

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The COVID-19 pandemic has impacted our world in a variety of ways we could have never imagined. Opinions on the danger of the virus and how to deal with it also vary greatly. Perhaps the primary issue in the United States, and other countries, is how to balance public health and safety against the economic strain of mandated business shutdowns or restrictions. While the health, safety, and welfare of their constituents remains the top priority of most elected officials, pressure from the business community to help ensure its survivability has intensified during the recent coronavirus resurgence.


Categories COVID19 General Litigation Legal Updates


Businesses Face Criminal Penalties Yet Gain Protection Under Illinois Mask Rules

Businesses Face Criminal Penalties Yet Gain Protection Under Illinois Mask Rules

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On August 11, 2020, Illinois Governor. J.B. Pritzker was successful in a second attempt to criminalize business owners who fail to enforce his mask rules. Under Illinois’ new mask rule, local police and prosecutors may impose criminal fines up to $2,500 to enforce his emergency mask order.


Categories Business Law Business Services COVID19 Employment Law General Litigation Insurance Coverage


Employers Can Be Fined $2,500 For Failure To Enforce Mask Rules

Employers Can Be Fined $2,500 For Failure To Enforce Mask Rules

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On August 11, 2020, Illinois Governor. J.B. Pritzker was successful in a second attempt to criminalize business owners who fail to enforce his mask rules. Under Illinois’ new mask rule, local police and prosecutors may impose criminal fines up to $2,500 to enforce his emergency mask order.


Categories Business Law Business Services COVID19 Employment Law General Litigation


COVID-19, Job Loss, Too Many Bills: Is Bankruptcy The Solution For You?

COVID-19, Job Loss, Too Many Bills: Is Bankruptcy The Solution For You?

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The first blog in a four part series about filing for a Chapter 7 or 13 bankruptcy.
By Sara E. Cook

Often when a large corporation files for bankruptcy, you will hear that it is the right business decision, it gives them a chance to right size, change direction, get rid of unprofitable businesses and on and on. There is no stigma, it is just another business decision, and often heralded as the right one. Individuals, however, often see an individual bankruptcy as a sign of their failure or inadequacy. They avoid even entertaining the idea for fear of the stigma, the perceived shame and guilt for not paying bills. But the very same conditions that afflict large corporations, afflict individuals and families trying to survive in a world of low pay, pandemic, high child care costs, medical bills, furloughs and on and on. For all the same reasons bankruptcy makes sense for a big business, it may make sense for an individual or family and it should not be a shameful or guilt filled decision.


Categories Bankruptcy Services COVID19 General Litigation


Small Business Reorganization Act of 2019 and CARES Act Benefits for Bankruptcy Filers

Small Business Reorganization Act of 2019 and CARES Act Benefits for Bankruptcy Filers

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During economic hardships, small businesses may need to utilize the oft option of filing for bankruptcy protection to reorganize their debt. Bankruptcy often is considered a last resort option. Yet, it provides a powerful mechanism for individuals and small businesses to reorganize and manage their debt. The Small Business Reorganization Act of 2019 (“SBRA”) added Subchapter V to chapter 11 of Bankruptcy Code to further assist qualifying businesses with debt relief. 11 U.S.C. §§ 1181-1195. The Debtor friendly provisions added to the Bankruptcy Code with Subchapter V of chapter 11, make reorganizing debt a more streamlined and less expensive process for small businesses.


Categories Banking and Lending Bankruptcy Litigation-Creditors Bankruptcy Services COVID19


Employers Should Have a COVID-19-Return-to-Work Plan Before Reopening

Employers Should Have a COVID-19-Return-to-Work Plan Before Reopening

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As more states loosen the COVID-19 Shelter in Place laws and people begin to return to previously sheltered business, it is essential that businesses have a plan for how that return to work will look and, equally important, convey relevant portions of the plan to its employees.

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Categories COVID19 Employment Law General Litigation Health Care Law Insurance Coverage Legal Updates


COVID 19 Pandemic-Notice To Insurers-Who To Notify And When

COVID 19 Pandemic-Notice To Insurers-Who To Notify And When

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The landscape of insurance coverage in this era of the COVID-19 Pandemic is likely to change as insurance lawsuits are being filed to determine scope of insurance coverage. Meanwhile, in direct response to COVID-19, several states are attempting to modify Commercial General Liability (CGL) Insurance policies through legislation to provide coverage, particularly business interruption insurance, post hoc-after the fact. President Trump has commented that businesses have paid premiums for business interruption insurance for years and relief should be available to insureds. It is important for businesses to take precautionary measures to preserve whatever coverages might be available, especially as the case law and legislation changes to meet the COVID-19 pandemic.


Categories Business Law COVID19 General Litigation Insurance Coverage Insurance Litigation Defense Legal Updates Medical Malpractice Defense


COVID –19 Relief Programs  For  Small Businesses

COVID –19 Relief Programs For Small Businesses

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Different programs are available to assist small businesses during this COVID-19 disaster which has swept the country. Small businesses employ over 50% of our employed workers, and are straddled with great challenges in trying to navigate this crisis. Various sources are being developed to help small businesses, which may make the difference between survival and liquidation. These include loans, loans with forgiveness and outright grants with no repayment.


Categories COVID19 Employment Law General Litigation Insurance Coverage Legal Updates McKenna News & Events


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