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

-Oliver Wendell Holmes, Jr.

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Some Lawsuits Against Motor Carriers and Shippers May Be Barred under the Hazardous Material Transportation Act

Some Lawsuits Against Motor Carriers and Shippers May Be Barred under the Hazardous Material Transportation Act

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A Motor Carrier or Shipper who is engaged in the transportation of hazardous materials, such as explosives, radioactive material and other chemicals deemed hazardous by the United States Department of Transportation, may be able to protect themselves under the Hazardous Material Transportation Act from liability in negligence or strict liability actions brought in state or federal courts.


Categories Commercial Transportation Law


Legislative Update:  South Dakota Enacts Data Breach Notification Law

Legislative Update: South Dakota Enacts Data Breach Notification Law

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Earlier this year, South Dakota passed the state’s first data breach notification law. Prior to passage of the law, South Dakota was one of only two states that did not have a state data breach notification law. The law went into effect this past July.


Categories Privacy and Data Security Litigation


Power Of Personal Guaranty And Its Danger For Small Business Owners

Power Of Personal Guaranty And Its Danger For Small Business Owners

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In Antonucci v. SBA, the United States District Court for the District of Connecticut granted a motion for summary judgment in favor of defendants, U.S. Small Business Administration and the U.S. Department of the Treasury Bureau of the Fiscal Service, and against a business owner objecting to an administrative wage garnishment for a personal guaranty on a small business loan. No. 3:17-CV-01139 (MPS), 2018 U.S. Dist. LEXIS 168604 (D. Conn. Sep. 30, 2018). The case highlights the perils to a business owner inherent in the power of personal guaranty.


Categories Business Law


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


Recent Litigation Highlights The Need to Understand the Illinois Biometric Privacy Act (BIPA) Requirements

Recent Litigation Highlights The Need to Understand the Illinois Biometric Privacy Act (BIPA) Requirements

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To avoid what is becoming a common lawsuit, businesses need to be aware of the Illinois Biometric Information Privacy Act (BIPA) requirements. Two class action lawsuits were recently filed in Cook County Circuit Court by employees alleging violations of the BIPA by their respective employers.


Categories Privacy and Data Security Litigation


Persistence is the Key to Victory In A Medical Malpractice Case

Persistence is the Key to Victory In A Medical Malpractice Case

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In May and June of this year we tried and won a difficult medical malpractice case in the Circuit Court of Cook County, Illinois. The plaintiff alleged that the defendant physician misread certain biopsy tissue slides of the plaintiff’s vocal cords in 2010, missing his cancer and allowing it to grow and spread.


Categories Medical Malpractice Defense


David A. Shapiro Becomes Of Counsel to McKenna Storer

David A. Shapiro Becomes Of Counsel to McKenna Storer

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Mckenna Storer is pleased to announce it has entered into an of-counsel relationship with David A. Shapiro who will be managing complex commercial litigation matters as part of the firm’s litigation practice.


Categories McKenna News & Events


Aldermen Propose Chicago Data Protection Ordinance

Aldermen Propose Chicago Data Protection Ordinance

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A data protection ordinance was recently proposed in the City of Chicago. The “Data Collection and Protection Ordinance” (the Ordinance), sponsored by Aldermans Burke, Hopkins and Reilly, is a response to a string of high-profile data breaches that occurred during the past year.

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Categories Privacy and Data Security Litigation


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