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.
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.
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.
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.
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.Continue Reading
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.
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.
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.
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.
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?