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McKenna Minutes

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

-Oliver Wendell Holmes, Jr.


Consider these facts: an over-the-road truck driver signs an independent contractor operating agreement with a national trucking company to transport freight. Later, the over-the-road truck driver accidentally hits a utility pole, causing property damage to the owner of the trailer, and leading to termination of the independent contractor operating agreement.

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Categories Commercial Transportation Law

On January 8, 2018, VTech Electronics Limited (VTech) agreed to settle charges brought by the Federal Trade Commission (FTC) that the company violated U.S. children’s privacy law. As part of the settlement, VTech agreed to pay a $650,000 civil penalty, refrain from further violation of the law, and implement a comprehensive data security compliance program.

Categories Privacy and Data Security Litigation

We often see people with service dogs on the street, in the stores, and on trains and it appears as if the number is growing. People with disabilities use a service dog in order to fully participate in everyday life. Service animals perform tasks such as helping a vision impaired individual get around, to alerting a hearing loss person of what is out of sight, to providing physical stability to ambulate to even helping a person during a medical crises.

Categories Employment Law

The Law Division of the Cook County Circuit Court rang in the New Year with a new HIPAA Qualified Protective Order (QPO) following Judge John Ehrlich’s memorandum opinion in Shull v. Ellis, No. 15 L 9759. The New HIPAA QPO requires a party claiming personal injury to consent to an explicit waiver for other parties, including insurance companies, to use that party’s private health information (PHI). The Health Insurance Portability and Accountability Act (“HIPAA”) does not apply to property and casualty insurance companies. However, the Cook County Law Division’s new HIPAA Qualified Protective Order will affect property and casualty insurance companies in the following ways:

Categories Insurance Litigation Defense

Employers too often take the approach that they do not have to worry about the National Labor Relations Act, most commonly called the NLRA, because they are not a ‘union shop.’ It is a short-sighted view. While the NLRA is most-often applied to protect union activities, employees who are not represented by a union also have rights under the NLRA.

Categories Employment Law

The U.S. Court of Appeals for the 2nd Circuit recently upheld a district court decision dismissing a putative class action filed by two plaintiffs against the maker of the NBA2K videogame series. The plaintiffs alleged five violations of the Illinois Biometric Information Privacy Act (BIPA). The district court dismissed plaintiffs’ claims for lack of Article III standing, and the plaintiffs appealed.

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Categories Privacy and Data Security Litigation

New allegations of sexual harassment in the workplace appear in the headlines daily now. We have all heard the reports about Harvey Weinstein, former president George H. W. Bush and now Matt Lauer.

Categories Employment Law

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 Health Care Law

We compiled this practical blog to answer some of the most Frequently Asked Questions about bankruptcy.

Should I file for bankruptcy?

This is a difficult question with no easy answer. You may want to file bankruptcy if you answer “yes” to any of the following questions:

Categories Bankruptcy Services

When the holiday season rolls around, most people think of thanksgiving dinners, Christmas shopping and spending time with family and friends. As folks prepare for the holiday season, insurance defense counsel prepare for the increased potential for year-end insurance settlements. Both the plaintiffs and the defendants have incentives for settling cases before the beginning of the new year. Plaintiff’s would enjoy some extra shopping money for the holidays. From a tax perspective, money received in the current year is better than turning the tax calendar year over, since taxes are usually only going up. This is an incentive for individual plaintiffs and their attorneys to receive the settlement money and fees before the next tax year.

Categories Insurance Litigation Defense

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