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McKenna Minutes

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

-Oliver Wendell Holmes, Jr.

Corporate Law



An employer can be sued for a supervisor’s murder and rape of one of its employees, which took place while the employee was with the supervisor at an out-of-state wedding, the Seventh Circuit Court of Appeals held in the recent case of Anicich v. Home Depot, 2017 U.S. App. LEXIS 5202. The liability hinged on the supervisor’s authority over the victim. Even though the crimes took place outside of work hours and off the employer’s premises, the Seventh Circuit held that use of the supervisor’s supervisory authority was analogous to the use of the employer’s chattel off the premises.


Categories Corporate Law Employment Law General Legal Updates McKenna News


New Mexico recently became the 48th state to enact a data breach notification law. On April 6, 2017, Governor Susana Martinez signed H.B. 15, New Mexico’s “Data Breach Notification Act” (the Act), into law. Currently, Alabama and South Dakota are the only states without a data breach notification law. The effective date of New Mexico’s Data Breach Notification Act is June 16, 2017.


Categories General McKenna News


McKenna Storer takes great pride in announcing attorney Jaime Dowell’s selection as a 2017 recipient of the United States District Court’s Award for Excellence in Public Interest Service. Sponsored by the Chicago Chapter of the Federal Bar Association, this annual award recognizes area attorneys for outstanding contributions in serving individuals in need of assistance in the Northern District of Illinois.


Categories General McKenna News


Insurance adjusters are swamped with claims of all sizes, but not every claim is a major injury or a wrongful death. Some claims could be small, soft tissue claims with $3,000 in medical bills or a $2,000 rear-end subrogation action. These claims are usually filed in the small claims division of the courts. In Cook County and the collar counties, these small claims divisions have different names, but Illinois Rules of Civil Procedure and Illinois Supreme Court Rules still apply.


Categories General Insurance Coverage McKenna News


The primary reason people give for estate planning is to ensure their final wishes about the distribution of their assets are carried out. Examples of final wishes you may include in a will are how and where to bury you, how to dispose of your personal property and what to do with the family home. Once you begin including other factors, such as tax planning, the desire for keeping your financial affairs private or handling multiple real estate holdings, your estate plan becomes more complex.


Categories Estate Planning General McKenna News


McKenna Storer is proud to announce the naming of attorney Paul S. Steinhofer as its newest partner. Paul is a highly skilled litigator with an impressive record of success on behalf of the clients he has represented in numerous jury trials to verdict. As an integral member of the McKenna toxic tort team, Paul focuses on  litigation defense matters involving catastrophic loss, product liability, toxic torts and construction, including his successful defense of clients in asbestos and benzene exposure cases. Joining McKenna in 2008, Paul brought with him extensive litigation experience and skills honed through years of preparing and trying cases as both a criminal prosecutor and an insurance defense litigator.


Categories General Litigation McKenna News


E-mail marketing is a key component of most digital marketing strategies. One study measured the return on investment for e-mail marketing at 28.5% compared to 7% for direct mail. According to a different study by McKensey, the average order value is three times higher for e-mail marketing than for social media. Considering these statistics, along with the fact that the number of e-mail users worldwide is expected to reach 3 billion by 2020, e-mail marketing is clearly an important resource for businesses seeking to generate additional revenue. However, to effectively utilize an e-mail marketing campaign, businesses must comply with the applicable law regulating this activity, specifically the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act).


Categories General McKenna News


There are many steps that a company should take to prepare for a data breach. As , one of the most important steps is to hire outside legal counsel. Not only will outside legal counsel advise the company how to comply with applicable legal requirements, but establishing a relationship with outside legal counsel will allow the company to shield certain communications that were made for the purpose of obtaining legal advice through the application of the attorney-client privilege.


Categories General Litigation McKenna News Privacy and Data Security


On January 1, 2017, the Illinois Employee Sick Leave Act went into effect.  It requires employers to allow employees to use their personal sick leave benefits for absences due to an illness, injury or medical appointment of the employee’s child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent.  The same terms would apply as if it were the employee taking time off for the employee’s own medical needs.


Categories Employment Law General McKenna News


In determining insurance coverage, an insurer’s duty to defend its insured is much broader than its duty to indemnify. In order to determine whether the insurer’s duty to defend has arisen, the court must compare the allegations of the underlying complaint to the policy language. Those allegations must be liberally construed in favor of the insured. If the court determines the allegations fall within, or potentially within, the policy’s coverage, the insurer has a duty to defend the insured against the underlying complaint. Outboard Marine Corporation v. Liberty Mutual Insurance Company, 154 Ill.2d 90, 125, (Ill. 1992) (citations omitted). If the underlying complaint alleges several theories of recovery against the insured, the duty to defend arises even if only one such theory is within the potential coverage of the policy. United States Fidelity & Guaranty Co. v. Wilkin Insulation Co., 144 Ill.2d 64, 74 (Ill. 1991).


Categories General Insurance Coverage Liability Matters McKenna News


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