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McKenna Minutes

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

-Oliver Wendell Holmes, Jr.

General Litigation



Illinois Supreme Court Decision Opens Door To Increase In BIPA Litigation

Illinois Supreme Court Decision Opens Door To Increase In BIPA Litigation

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The Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags Entertainment Corp. is a blow to businesses that collect biometric information and identifiers (biometric data), and will likely lead to a flood of litigation under Illinois’ Biometric Information Privacy Act (BIPA).


Categories General Litigation


Is Deposing a Plaintiff’s Treating Physicians Worth it?

Is Deposing a Plaintiff’s Treating Physicians Worth it?

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Plaintiff’s 213F disclosures will contain the treating physicians that plaintiff intends to call at trial. These “treaters” are the physicians who treated the plaintiff for his alleged injuries. These can range from emergency room physicians, primary care doctors, chiropractors, surgeons, pain doctors and physical therapists.


Categories General Litigation


Employers Beware:  Chicago Minimum Wage Increases in 2019

Employers Beware: Chicago Minimum Wage Increases in 2019

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Chicago’s minimum wage is already the highest in the state and due to increase on July 1, 2019. Employers need to be ready for not only the overall increase in minimum wage, but also the commensurate increase in employee expectations and overtime that will go along with the Chicago minimum wage increase.


Categories General Litigation


What Banks in Illinois Should Expect If Recreational Cannabis Becomes Legal

What Banks in Illinois Should Expect If Recreational Cannabis Becomes Legal

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The incoming governor-elect of Illinois, J.B. Pritzker has promised to pass legislation that legalizes the sale and consumption of recreational cannabis in Illinois for adults over the age of 21.


Categories Banking and Lending General Litigation


Benefits of Binding Mediation as an Alternative Dispute Resolution

Benefits of Binding Mediation as an Alternative Dispute Resolution

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To most attorneys, alternative dispute resolution means resolving a case through either mediation or arbitration. A third rarely used Alternative Dispute Resolution (ADR) is binding mediation. In the right situation, binding mediation may yield better results for all of the parties. In this article, we discuss the various alternative dispute resolution options and drill down on the benefits of binding mediation.


Categories General Litigation


Small Business Investors Beware: An Individual Can Be Held Personally Liable for a Corporation’s Acts, Even If He or She is Not a Shareholder, Employee, Director or Officer of a Corporation

Small Business Investors Beware: An Individual Can Be Held Personally Liable for a Corporation’s Acts, Even If He or She is Not a Shareholder, Employee, Director or Officer of a Corporation

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I. Consider the Following Scenario…

Pretend that you are an investor in a new restaurant with a chef who desires to leave her current position. She thinks she will run an amazing restaurant.In addition, she even learned some delicious secret recipes from her current employer!


Categories Business Law General Litigation


Clients Need To Know About The Joint Defense Agreement Under Illinois Law For Cost Effective Litigation

Clients Need To Know About The Joint Defense Agreement Under Illinois Law For Cost Effective Litigation

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A joint defense agreement provides an exception to what would be the waiver of the attorney client and work product privileges. At least one Illinois court now recognizes the validity of the joint defense agreement rule, allowing separately-represented codefendants to share privileged information without waiving the attorney-client and work-product privileges.


Categories General Litigation


Courts Limit Hospital “Peer Review” Protection

Courts Limit Hospital “Peer Review” Protection

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Illinois hospitals routinely use physician peer reviews and hospitals and other health care facilities quality control committees to improve the quality of patient care. These reviews most-often, but not always, look into a specific patient’s care where there has been a negative outcome to determine if there is something that the can be done to improve future patient care. The purpose of the Medical Studies Act is to encourage candid and voluntary studies and programs used to improve hospital conditions and patient care or to reduce the rates of death and disease.


Categories General Litigation


Incorporating Venue Into A Litigation Defense Strategy: Finding Friendly Counties

Incorporating Venue Into A Litigation Defense Strategy: Finding Friendly Counties

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Knowing the law applicable to a particular case and having a solid litigation defense strategy from which to work are keys to the success of most litigation defense counsel. It is also important for defense attorneys to familiarize themselves with the verdicts and procedures of particular counties to recognize when a request for a change of venue might be appropriate.


Categories General Litigation


Alternate Dispute Resolution: The Road Less Traveled

Alternate Dispute Resolution: The Road Less Traveled

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Settlement is by far the most common method by which civil cases are resolved. However, some civil lawsuits seem destined to find their way to a courtroom for trial and, ultimately, to a jury deliberation room for a verdict. The one common denominator of many civil cases that end in a jury verdict is the failure of anyone associated with them to broach or pursue the subject of settlement.


Categories General Litigation


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