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Is A Super Sports-Betting Upset Brewing?

In its early stages, NCAA, et al. v. Christie, has taken on the appearance of Super Bowl XXXVI. As in Super Bowl XXXVI, the NCAA, NFL and other sports leagues, who filed the case to prevent Governor Chris Christie from...more

Self-Funded Plans Need to be Careful in Enforcing Subrogation Rights

A recent Eighth Circuit Court of Appeals decision considered the situation of a participant covered under a self-funded ERISA plan who sustained injuries in a slip and fall accident. The plan paid health benefits for that...more

Strategies and Defenses for Retailers Named in Consumer Class Actions

Are retailers at risk in private surgeon general class actions? Often, their only conduct is putting a product on the shelf. They haven’t designed the product, much less had any input on the product labels or advertising. ...more

Insurance Coverage for Food and Beverage Contamination

Damages owed from illness and death claims resulting from actual or alleged food and beverage contamination, along with the cost of recalls of potentially contaminated products, present serious financial risk to companies...more

BYBO and Charging a Corkage Fee

Liquor licenses in the City of Chicago are some of the most complex and restrictive in Illinois. To obtain a liquor license a food establishment must consider, among other things, neighborhood sentiment (notification to all...more

U.S. Proposal for Federal Privacy Breach Notification Law: Whither Canada?

The U.S. Senate is considering a new U.S. federal privacy breach notification law, entitled The Data Security and Breach Notification Act of 2012. The Bill is currently before the Committee on Commerce, Science and...more

The Check Book -- A Guide for Check Disputes -- May 2012

Note to Readers Not Legal Advice. This Guide is not intended to express any legal opinions or to provide legal advice. You should consult an attorney for legal advice. Code Interpretations. You should refer to the...more

Weekly Law Resume - June 30, 2011: Bad Faith - Private Right of Action Permitted for Violation of Insurance Code Provision

Chris Hughes v. Progressive Direct Insurance Company Court of Appeal, Second District (June 15, 2011) Insurance Code Section 758.5 prohibits an insurer from either requiring that an insured's automobile be repaired by a...more

In Two Cases, Illinois Appellate Court Reaffirms Rule of Deference to Decisions of Academic Institutions

In two recent decisions, the Illinois Appellate Court confirmed that Illinois courts are precluded, except in rare circumstances, from second-guessing the decisions of educational institutions regarding students. In both...more

A New Front in Financial Institution Scrutiny — Treble Damage Threat Against HUD Lenders Based on Alleged Program-Level Failures

The Department of Justice has served notice that it intends to take aggressive action – and seek billion-dollar recoveries – against banks and residential mortgage lenders on a new front for conduct it alleges amounts to...more

Can I Shovel?

Having just come through the blizzard of 2011 it was not difficult to see the snow removal efforts made by many citizens. Illinois’s Natural Accumulation Rule & the Snow and Ice Renewal Act of 2005 states that the natural...more

Va Supreme Court Opinion Affecting Local Government Law: January 13, 2011

This opinion affecting local government law was handed down by the Virginia Supreme Court on January 13, 2010. Analysis will be forthcoming on this blog. The following is the summary from the Virginia Supreme Court...more

OSHA Asks CEOs to Prevent Workplace Injuries With Crowd Control

The Occupational Health and Safety Administration sent a letter this week to the CEOs of fourteen major retailers urging them to take steps now to prevent customer and worker injuries during Black Friday and other holiday...more

Weekly Law Resume - September 9, 2010: Premises Liability - Duty To Protect Customers Does Not Extend To Criminal Conduct...

California law imposes an affirmative duty on business owners to protect customers from foreseeable third-party criminal conduct. This obligation derives from the special relationship between a business owner and his or her...more

Advertising Law - January 19, 2010

IN THIS ISSUE: *Manatt To Host WOMMA Wine Wednesday at Los Angeles Office *Report Documents “Labeling Shenanigans” for FDA *Kim Kardashian Sued for Defamation Over Tweets *FTC Approves Two Reports to Congress on Use,...more

Website Accessibility - Once a Technical Advantage, Now a Point of Vulnerability for Retailers

If your company has a website, you may receive a letter claiming that your site is not accessible to users who are visually impaired. Several advocacy groups are now actively searching for ?noncompliant? websites, hoping to...more

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