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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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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


Motor Carriers and ELDs: How to Avoid a Complaint Of Harassment From the Federal Motor Safety Carrier Administration Under 49 CFR § 386.12.

Motor Carriers and ELDs: How to Avoid a Complaint Of Harassment From the Federal Motor Safety Carrier Administration Under 49 CFR § 386.12.

By now, most motor carriers1 should be familiar with electronic logging devices (ELDs) or alternative on-board recording devices (AOBRD). As of April 1, 2018, inspectors for the Federal Motor Safety Carrier Administration (FMCSA) may issue out-of-service orders to drivers for failure to install or use an ELD. However, if you are a motor carrier whose drivers use ELDs, then also be aware that ELDs may not be used for purposes considered by the FMCSA as “harassment.” 49 CFR § 390.36. This may pose an issue for motor carriers who use ELDs to monitor driver productivity, even though doing so is expressly permitted in the FMCSA “harassment” provision. See Id.


Categories Commercial Transportation Law


Defending Bad Faith Actions

Defending Bad Faith Actions

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In insurance coverage litigation, bad faith claims are somewhat common. Bad faith actions, under section 155 of the Illinois Insurance Code, provide a remedy to insureds for an insurance company’s vexatious and unreasonable refusal to honor its contract with the insured.


Categories Insurance Litigation Defense


Protection Against Discriminatory Treatment After Filing For Relief Under The Bankruptcy Code

Protection Against Discriminatory Treatment After Filing For Relief Under The Bankruptcy Code

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Many individuals struggling with debt often do not explore the option of seeking financial relief under the U.S. Bankruptcy Code out of fear of losing a job or discriminatory treatment by an employer.


Categories Bankruptcy Services


Federal Courts Are Expanding Title VII Protections to Transgender Status and Sexual Orientation

Federal Courts Are Expanding Title VII Protections to Transgender Status and Sexual Orientation

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Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of . . . sex.” 42 U.S.C. § 2000e-2(a) (2012 Since its enactment, the Supreme Court has interpreted Title VII expansively to prohibit not only discrimination based on gender, but also same-sex sexual harassment and discrimination based on gender stereotypes. Nevertheless, the U.S. Supreme Court has not yet ruled on the issue of whether discrimination based on sexual orientation or transgender status violates Title VII.


Categories Employment Law


How is the Duty to Defend Determined in Insurance Coverage Cases?

How is the Duty to Defend Determined in Insurance Coverage Cases?

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One of the most important considerations in insurance coverage cases is determining whether an insurance company has a duty to defend and a duty to indemnify its insured. But how is this determination of insurance coverage made?


Categories Insurance Litigation Defense


Kristin Dvorsky Tauras Named a Partner at McKenna Storer

Kristin Dvorsky Tauras Named a Partner at McKenna Storer

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McKenna Storer is pleased to announce the naming of attorney Kristin Dvorsky Tauras as its newest partner. Kristin combines a client-oriented focus with highly developed skills as a litigator to achieve an impressive record of success. She will continue to concentrate her practice at McKenna in employment law, professional liability litigation defense and commercial litigation.

Her new roles as partner in the firm will permit her to continue to apply her knowledge and talents to representing clients in appellate work in the Appellate Court and Supreme Court of Illinois and in the U.S. Court of Appeals for the 7th Circuit. She also advocates for the interests of her clients at hearings before the Equal Employment Opportunity Commission and at the Illinois Department of Human Rights and the Human Rights Commission.

  • Kristin has successfully represented clients in a broad range of complex matters, including:
  • Defense against employee claims of unlawful termination in violation of the Americans with Disabilities Act, Title VII, FMLA and the Age Discrimination in Employment Act;
  • Defense of companies, religious and not-for-profit organizations against claims of negligent hiring, retention or supervision of employees;
  • Defense of companies against claims of overtime and other pay violations under the Illinois Wage Claim Act and Federal Fair Labor Standards Act;
  • Defense of professionals against claims of medical, legal and accounting malpractice;
  • Consumer fraud defense on behalf of business entities and individuals against allegations of violations of state Consumer Fraud and Deceptive Practices Act and civil RICO claims; and
  • Briefing and arguing appeals in state and federal courts in cases involving professional negligence, fraud, tortious conduct and premises liability claims.

Her accomplishments on behalf of the clients she represents along with her knowledge of the law and professionalism have been recognized by her peers who have given her the highest possible peer-review rating of AV Preeminent through Martindale-Hubbell.

Kristin received her Juris Doctor from DePaul University School of Law and is admitted to practice in Illinois and various federal courts. She is a member of the Trial Bar for the U.S. District Court for the Northern District of Illinois. She is also admitted to practice before the U.S. Court of Appeals for the 7th Circuit.

When not actively representing the interests of the clients who depend upon her for legal advice, guidance and experienced litigation defense, Kristin is a prolific author. She has written on such diverse topics as the Department of Labor policies regarding summer employment of unpaid interns, how motor carriers can avoid issues with DOT medical exams and ADA compliance, how employers can avoid legal issues during a working interview, and the law as it applies to service animals and the ADA.

McKenna Storer is a Chicago corporate law firm dedicated to providing a broad spectrum of legal services. Its award-winning and top-rated attorneys have been servicing the needs of businesses and individuals for more than 60 years. Whether providing knowledgeable and innovative solution-oriented advice and guidance or aggressive, hard-hitting litigation defense, clients in need of superior legal counsel for insurance defense, commercial litigation, corporate advisory services, data privacy and security, bankruptcy and estate planning, the partners and associates at McKenna Storer have earned the respect of their peers. The firm is ranked among the top corporate law firms in the U.S. by Martindale-Hubbell and by Fortune Magazine. Ten of the firm’s attorneys have achieved peer review ratings through Martindale-Hubbell of AV Preeminent, and more than 50 percent of the firm’s attorneys have positive peer review ratings.


Categories McKenna News & Events


Department of Labor Relaxes the “Unpaid Intern Test” in time for Summer Employment.

Department of Labor Relaxes the “Unpaid Intern Test” in time for Summer Employment.

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This is the season when employers are finalizing their plans for summer interns. The summer internship gives students experience in the working world and the company is provided the opportunity to get to know the student prior to extending post-graduation employment offers.


Categories Employment Law


Why There Will Be No Data Breach Notification Letters Following The Facebook-Cambridge Analytica Incident

Why There Will Be No Data Breach Notification Letters Following The Facebook-Cambridge Analytica Incident

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There are many questions surrounding the actions of Cambridge Analytica and Facebook, including whether this incident is considered a data breach. There has been some debate on this issue.


Categories Privacy and Data Security Litigation


Does the DOT Medical Exam Violate the ADA: 4 Ways Motor Carriers Can Comply with Both

Does the DOT Medical Exam Violate the ADA: 4 Ways Motor Carriers Can Comply with Both

When hiring or recruiting drivers, commercial truck driving companies must walk a tightrope between not violating the Department of Transportation’s health standards for long-haul truck drivers (DOT Regulations)


Categories Commercial Transportation Law Employment Law


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