Author Info for Amundsen Davis LLC

Madeline Alessio

The Impact of Cook County’s Increase in Referrals to the Law Division Mandatory Arbitration Program

The significant increase in Cook County law division cases referred to the mandatory arbitration program in 2024 may have a surprisingly positive impact on the transportation industry. With verdicts on the rise, the arbitration…more

Arbitration Awards, Bodily Injury, Commercial Litigation, Legal Fees, Mandatory Arbitration

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Beverly Alfon

[Webinar] Leadership & Management 2024 Certification Training | RECRUITING AND ONBOARDING EMPLOYEES - September 11th, 12:00 pm - 2:00 pm CST

Proper and meaningful employee onboarding is essential. Learn best practices for effective hiring and initial onboarding to help diminish problems down the road. Interviewing, background and reference checks, as well as actual…more

Background Checks, Best Management Practices, Employee Retention, Employee Training, Employees

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Molly Arranz

One Reason Why You May Want to Revisit Your Outreach To Customers, Clients and Contacts

The speed and ease at which companies can communicate with their customers or clients continues to improve. Cool, new tech platforms are being pushed out at a rapid pace and business development, sales and marketing teams see an…more

Consent, FCC, Loper Bright Enterprises v Raimondo, TCPA, Telecommunications

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Heather Bailey

ILLINOIS EMPLOYER ALERT: Illinois Notably Amends the Human Rights Act and Personnel Records Review Act in Employees’ Favor

Illinois continues to change the landscape for employers, allowing employees more leeway when it comes to the Illinois Human Rights Act (IHRA) and Illinois Personnel Records Review Act (IPRRA). Recent Amendments to the Illinois…more

Artificial Intelligence, Bias, Documentation, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Ronald Balfour

Best Business Practices to Prevent or Reduce the Risk of Wire Transfer Fraud

Cyber fraud has been around as long as the internet itself, but cyber criminals are more sophisticated than ever. While any experienced email user can spot a phony “Nigerian Prince” a mile away, even the most vigilant businesses…more

Bad Actors, Business E-Mail Compromise (BEC), Cyber Crimes, Employee Training, Fraud

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Betsy Ballek

Patience Required: New Federal Court Opinion On The Application Of COVID-19 Immunities

We are all aware of the Illinois Immunity Orders put in place to provide protections for health care providers related to care and treatment of patients during the COVID-19 pandemic. A recent federal court opinion suggests that…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Evidence, Executive Orders, Governor Pritzker

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Michael Barnes

Third-Party Litigation Financing and Illinois’ Attempt to Regulate Has Implications for the Transportation Industry

Third-party litigation financing is something defendants, and the transportation industry in particular, will likely increasingly see in lawsuits filed in Illinois. Generally, third-party litigation financing or funding is where…more

Contract Terms, Illinois, Investment, Litigation Funding, Settlement

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Michael Bendel

Best Practices to Protect Your Intellectual Property When an Employee Leaves the Company

The current employment market is placing incredible stress on businesses, many of which are struggling to find enough employees to simply cover shifts. Pay increases and higher recruiting costs, consequently, continue to rise…more

Copyright, Intellectual Property Protection, Labor Shortage, Misappropriation, Non-Disclosure Agreement

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Marissa Borschke

Proper Pronouns, Bathrooms & Misgendering: What HR Needs to Know

On April 29, 2024,Harassment the U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance on Harassment in the Workplace, which goes into effect immediately. For the past five years, over one-third of…more

Equal Employment Opportunity Commission (EEOC), Gender Identity, Pregnant Workers Fairness Act, Sexual Orientation, Title VII

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Lew Bricker

Illinois Executive Order Allows Testing Of Autonomous Vehicles

On October 25, 2018, Governor Bruce Rauner signed an executive order allowing for the testing of autonomous vehicles in Illinois. Illinois joins Arizona, California and Pennsylvania, which are currently testing autonomous…more

Automotive Industry, Connected Cars, Driverless Cars, State and Local Government, Technology Sector

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Elisabeth Townsend Bridge

What To Do about Brexit?

As U.S. businesses expand their world-wide sales and operations, they increasingly seek trademark and patent protection for their intellectual property assets in other jurisdictions outside the United States, including Europe…more

EU, European Union Trade Mark (EUTM), Intellectual Property Protection, Patents, Trademark Registration

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Gene Brockland

AI Under Attack Again for Copyright Infringement

On the heels of a class action lawsuit filed by visual artists against Stability AI and others, alleging copyright infringement by image-generating web sites, Getty Images (US) Inc. has filed its own lawsuit against Stability…more

Artificial Intelligence, Class Action, Copyright, Copyright Infringement, Damages

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Joe Carlasare

Cryptocurrency And The Bipartisan Infrastructure Bill: Two Competing Amendments And Their Implications For The Crypto Industry

The long-awaited infrastructure bill took a new turn in recent days as a bipartisan group of senators filed an amendment which would clarify the cryptocurrency-related provisions buried in the legislation. Senators Ron Wyden…more

Brokers, Cryptocurrency, Digital Assets, Infrastructure, IRS

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Michael Chang

BIPA Reform on the Horizon: Illinois Legislature Passes Significant Legislation Eliminating Per-Scan Damages

The first—and a significant—amendment to the Illinois Biometric Privacy Act (BIPA) has just passed both chambers of the Illinois legislature and is headed to Governor Pritzker for approval. SB2979 amends BIPA to address the…more

Biometric Information, Biometric Information Privacy Act, Damages, Governor Pritzker, Illinois

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Michael Cocciemiglio

Steps To Take To Prepare For COVID Claims NOW

Over the past few months, COVID workers’ compensation claims and third-party lawsuits have been popping up around the country. Most recently – in Illinois – the family of a woman who died of complications related to COVID-19…more

Coronavirus/COVID-19, Failure to Accommodate, OSHA, Reporting Requirements, Third-Party Liability

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Michael Cortina

The Consumer Financial Protection Bureau Proposes New Rule for Automated Valuation Models

The Consumer Financial Protection Bureau (CFPB) has proposed a new rule that could impact lenders using forms of artificial intelligence in their lending practice. The rule affects mortgage originators and secondary market…more

Algorithms, Artificial Intelligence, Automated Systems, Consumer Financial Protection Bureau (CFPB), Mortgage Servicers

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Carmel Cosgrave

Pre-Judgment Interest Law Takes Effect July 1, 2021

Just ahead of the long Memorial Day weekend, Illinois Governor Pritzker signed into law a bill that allows a plaintiff to recover 6% per annum prejudgment interest in any personal injury or wrongful death lawsuit pending or…more

Attorney's Fees, Bodily Injury, Damages, Governor Pritzker, New Legislation

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Dennis Cotter

California Court Opens the Litigation Floodgate Re: COVID-19 Exposure in the Workplace

In See’s Candies v. Ek, a California Appellate Court ruled that the plaintiff’s claims against her employer for negligence were not preempted by the exclusivity provisions of the California Workers’ Compensation Act; thus,…more

Appellate Courts, CA Supreme Court, Coronavirus/COVID-19, Infectious Diseases, Occupational Exposure

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Caroline Mazurek Cozzi

Autonomous Semi-Trucks Are Shaping the Industry for the Long Haul

Autonomous, or self-driving, vehicles are not a new concept. Companies such as Mercedes Benz, BMW, and Tesla have reshaped the automobile industry by producing and selling autonomous vehicles equipped with the newest AI…more

Artificial Intelligence, Automation Systems, Commercial Truck Drivers, FMCSA, Innovative Technology

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John D'Jock

Wisconsin Real Estate Property Taxes: Biennial Exemption Report Filing Deadline – March 31, 2024

The City of MilwaukeeHouse with Calculator (and various other municipalities) has sent its Biennial Property Tax Exemption Report and Filing Fee Notices. Owners of tax-exempt real property in Wisconsin must file a Form PC-220…more

Appraisal, Churches, Educational Institutions, Exemptions, Filing Fees

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Joe Demko

Planning for the Future: Managing Your Healthcare with Advance Directives

A comprehensive estate plan provides how your estate is handled in the event of death or incapacitation. It also establishes your desires for how medical and life-sustaining treatments are communicated and administered. These…more

Advance Directives, Durable Power of Attorney, Estate Planning, HIPAA Access Request, Living Will

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Alec Dobson

Nursing Homes May Face First-Ever Federal Staffing Mandate

On September 1st the Centers for Medicare & Medicaid Services (CMS) announced a proposed rule that would require nursing homes that participate in Medicare and Medicaid to comply with a first-ever federal staffing mandate. If…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Health Care Providers, Medicaid, Medicare

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Kevin Eismann

Preserving Harmony at the Family Cottage with an LLC

For many, Little Red Housethe family cottage holds fond memories, from connecting with loved ones to enjoying some much needed time away. However, without proper planning, the family cottage can become a source of conflict and…more

Cottage Properties, Estate Planning, Limited Liability Company (LLC), Operating Agreements, Tenants in Common

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Emily Everden

Motor Carriers Beware: Department of Labor Revises Classification of Independent Contractors Under Fair Labor Standards Act

On January 10, 2024 the U.S. Department of Labor (DOL) published a final rule (29 CFR 795) revising the DOL’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractors, Misclassification, Motor Carriers

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Danielle Snyder Fadel

Five Tips for Business Owners When Selling

If you are a business owner, with the mergers and acquisitions market continuing to be active, you may have decided it could be the right time to sell your most valuable asset – the company that you’ve spent years building. Now…more

Business Ownership, Business Strategies, Business Transfer Agreements, Due Diligence, Earnings Reports

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Alan Farkas

Liability Falls Out Of Favor For Aircraft Owners

There was a time when aircraft owners were a frequent target of accident litigation. Despite frequent assertion by the defense bar (including the author) of the reasons that mere ownership without more (such as improper…more

Aircraft, Airplane Accidents, Aviation Industry, Preemption

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Daniel Faust

Nearby Road Closures Remain Non-Compensable in Indiana Eminent Domain Proceedings

On October 10, 2023, the Indiana Supreme Court denied a landowner’s petition to transfer filed in the matter of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023), and as a result,…more

Appellate Courts, Condemnation, Easements, Eminent Domain, IN Supreme Court

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Timothy Feldhausen

Is Nothing Sacred? Cyberattacks May Impact Director and Officer Fiduciary Duties

MGM Resorts is the latest victim of a cyberattack occurring on September 10th, which has set back the gambling and leisure giant substantially, both in terms of business function and income. MGM is not alone. Household names…more

Casinos, Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity

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Margaret Firnstein

Defense Of COVID-19 Bodily Injury Litigation In Illinois

Should we expect bodily injury claims to be made and litigation to be filed in Illinois after “shelter in place orders” are lifted? Probably. It’s Illinois! With fewer car accidents and trip and falls happening during…more

Bodily Injury, Coronavirus/COVID-19, Insurance Claims, Premises Liability, Property Owners

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Anne Fishbeck

[Webinar] Independent Contractors in the Transportation Industry – Is Your Business Compliant? - May 15th, 10:00 am CT

The Department of Labor (DOL) recently published a final rule on independent contractor classification under the Fair Labor Standards Act (FLSA). Transportation and logistics companies using independent contractors for delivery…more

Delivery Drivers, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Final Rules

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Eric Fogel

What the Show Succession Teaches Us About Planning for a Family Business

“I love you, but you are not serious people.” This is the curse that Logan Roy, the founder and business titan of Waystar RoyCo, intones to his three stunned children during a poignant family moment. The three siblings…more

Business Succession, Closely Held Businesses, Estate Planning, Family Businesses, Succession Planning

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Kyle Gally

Ruffled Feathers: HOA Restrictions on Raising Chickens

On July 12th, Missouri Governor Parsons signed HB 2062, a House Bill that, beginning this August, may ruffle a few feathers of those developers, directors, homeowners, and others associated with Missouri homeowner associations…more

Chicken Coops, Governor Parson, Homeowners Association (HOA), Housing Developers, New Legislation

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Khadija Ghani

Motor Carriers Beware: Department of Labor Revises Classification of Independent Contractors Under Fair Labor Standards Act

On January 10, 2024 the U.S. Department of Labor (DOL) published a final rule (29 CFR 795) revising the DOL’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractors, Misclassification, Motor Carriers

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Jeffrey Glass

Pennsylvania Judge Disagrees with Texas Judge And Denies Motion for Preliminary Injunction Challenging the FTC’s Non-Compete Rule

A judge in the U.S. District Court for the Eastern District of Pennsylvania declined on July 23 to enjoin the Federal Trade Commission’s (FTC’s) ban on non-compete agreements. ATS Tree Services, LLC v. FTC, Case No…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements, Non-Disclosure Agreement

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Max Goodman

Character Assassination: Responding to Defamation in the Gaming World

Online gaming Social Mediacommunities are incubators of defamation. Competitiveness combined with the ostensibly impenetrable shield of online pseudonyms and geographic distance from your opponent invites participants to defame…more

Data Preservation, Defamation, False Statements, Online Gaming, Reputational Injury

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Brad Goss

Private Requirements for Short-Term Rentals

Short-term rentals of property, including, rentals for as short of time as on an hourly basis, are increasing in frequency around the country. The character of a community can be dramatically altered by such rentals and cause…more

Disorderly Conduct, Homeowners, Homeowners Association (HOA), Maintenance, Property Owners

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Darren Grady

A Major Step Towards Reform: The DEA Recommends Rescheduling Cannabis

In a recent historic announcement, the U.S. Drug Enforcement Administration has determined that cannabis, which is currently categorized as a Schedule I drug under the Controlled Substances Act (CSA), should be rescheduled to…more

Controlled Substances Act, DEA, Decriminalization of Marijuana, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Laura Grebe

Disney's Icon Unleashed: Mickey Mouse & The Dual Dance of Copyright and Trademark Laws

Copyrights protect creative works. Trademarks protect indicators of source. Can a creative work also act as a trademark? Yes, and the character of Mickey Mouse as portrayed in Disney’s animated classic Steamboat Willie is a…more

Copyright, Copyright Expiration, Disney, Goods or Services, Public Domain

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Robert Habich

Opt In/Out Deadline for New Wisconsin LLC Law is December 31, 2022

On January 1, 2023, Wisconsin’s new limited liability company (LLC) law goes into effect. The Wisconsin Uniform Limited Liability Company Law (WULLCL), created by 2021 Wis. Act 258 and signed by Governor Tony Evers on April 15,…more

Duty of Care, Duty of Loyalty, Governor Evers, Limited Liability Company (LLC), Operating Agreements

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Katherine Hampel

Indemnification Escrow Accounts – What Are They and How Should They Be Used?

Parties to business acquisitions use indemnification clauses to provide security for harm that may result following the closing of the transaction. Indemnification obligations require one party to compensate the other for costs…more

Acquisitions, Escrow Accounts, Holdbacks, Income Apportionment, Indemnification

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Peter Hansen

U.S. Supreme Court Overturns “Chevron Deference” – Weakens Governmental Agency Power

On Friday Supreme Court the Supreme Court issued a highly anticipated ruling that will strip federal administrative agencies of a significant amount of power. In brief, the Supreme Court’s Loper Bright Enters. v. Raimondo…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Brandt Hardy

Silence is Not Always Golden: Land v. IU Credit Union

The spate of class-actionGavel with Cash lawsuits against banks and credit unions (“Financial Institutions”) involving overdraft fees has prompted Indiana Financial Institutions to amend their existing account agreements to…more

Addendums, Arbitration, Class Action, Credit Unions, Financial Institutions

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John Hayes

Federal Court Rules Employer Did Not Violate Illinois Privacy Law for Firing Worker Testing Positive for Cannabis

It seems like a lifetime ago that we first posted on the legalization of cannabis in Illinois and its effect on Illinois employers, way back in November 2019. At that time we provided a detailed overview of the clarifications…more

Decriminalization of Marijuana, Drug Testing, Illinois, Privacy Acts, Recreational Use

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Joseph Heino

Guidelines to Using Generative AI as a Branding Tool for Your Business

Creating new business and product names, designs, and logos is a daunting task to those looking to launch develop their brands. In addition to wanting something memorable and appealing, trademark attorneys recommend avoiding…more

Artificial Intelligence, Brand, Copyright, Copyright Office, Data Management

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Angka Hinshaw

Access to Mental Health Care in Indiana: Diverting Some of Most Vulnerable From Criminal Legal System by Emergency Detention

During the 2023 legislative session, the Indiana General Assembly passed HEA 1006, which combines and modifies the emergency and immediate detention processes. The changes permit police and health care providers to seek…more

Arrest, Detention, Healthcare Facilities, Mental Health, Psychiatric Hospitals

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Matthew Horn

OSHA's Shift From Hard Hats to Safety Helmets Should Raise Concern for Employers

OSHA recently announced a significant change in its head protection policy, and is transitioning from traditional hard hats to safety helmets for its employees. This move is more than just an internal policy shift, and signals a…more

Health and Safety, New Regulations, OSHA, Workplace Safety

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Michael Hughes

[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management…more

Background Checks, Best Practices, Certifications, Conflict Resolution, Documentation

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Ryan Jacobson

[Webinar] Cancelling Cancel Culture: How to Safeguard Your Reputation - September 15th, 12:00 pm - 1:00 pm CT

With the prevalence of social media, online reviews and merciless labor organizations, companies and their executives are extremely vulnerable to bad publicity. Attacks and bad press can come for good reason or sometimes no…more

Online Reputation, Public Relations, Reputation Management, Reputational Injury, Webinars

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Christopher Jaekels

Forever Chemicals (PFAS) in Real Estate Transactions: Avoiding Forever Consequences

What are PFAS and What’s the Big Deal? PFAS, short for per- and poly-fluoroalkyls substances are man-made chemicals used to make hundreds of products for home and industry use, ranging from stain proofing and waterproofing to…more

ASTM, Commercial Real Estate Contracts, Contamination, Environmental Remediation Costs, PFAS

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David Johnson

The New Final Rule Regarding Crane Operator Qualification

On November 9, 2018, OSHA published in the Federal Register the new Final Rule (link found below) regarding the qualification requirements for crane operators. Key dates to be aware of are:…more

Certifications, Construction Cranes, Construction Industry, Operators, OSHA

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Lisa Johnson

Contractual Considerations for Short-Term Rentals

Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future…more

Common Areas, Contract Terms, Leases, Property Owners, Short-Term Lease

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David Jose

CMS Issues Telehealth Toolkit

On April 23, 2020 the Centers for Medicare & Medicaid Services (CMS) issued a “toolkit” intended to help accelerate the adoption of broader telehealth coverage policies in Medicaid and Children’s Health Insurance Programs…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Coronavirus/COVID-19, Medicaid, Telehealth

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Martin Kiernan

Interchange Fee Prohibition Act

The Interchange Fee Prohibition Act (IFPA), signed into law in June of 2024 by Illinois Governor J.B. Pritzker, prohibits banks, savings associations, credit union, and others from receiving or charging an interchange fee on the…more

American Bankers Association, Banks, Consumer Fraud, Credit Unions, Debit and Credit Card Transactions

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Kevin Kleine

Federal Appeals Court Invalidates the U.S. Department of Labor’s 2021 Tip Credit Rule

On August 23, 2024, in the case of Restaurant Law Center, et. al. v. U.S. Department of Labor, et. al., the U.S. Court of Appeals for the Fifth Circuit invalidated the U.S. Department of Labor’s (DOL) 2021 Tip Credit Rule…more

Appellate Courts, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Job Duties, Restaurant Industry

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Morgan Klutho

Third-Party Litigation Financing and Illinois’ Attempt to Regulate Has Implications for the Transportation Industry

Third-party litigation financing is something defendants, and the transportation industry in particular, will likely increasingly see in lawsuits filed in Illinois. Generally, third-party litigation financing or funding is where…more

Contract Terms, Illinois, Investment, Litigation Funding, Settlement

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Mark Kmiecik

Tick Tock: Election to Opt-Out of Wisconsin’s New “Creditor-Friendly” LP And LLC Acts Expire December 31, 2022

Effective January 1, 2023, Wisconsin will arguably become a more creditor-friendly state for judgment creditors of an LP partner or LLC member by virtue of the additional rights afforded a judgment creditor under Chapters 179…more

Charging Orders, Creditors, Limited Liability Company (LLC), LLC Act, Opt-Outs

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Craig Kubiak

Federal Judge Blocks FTC Non-Compete Ban

Following a split between federal district courts (federal judges in Texas and Florida ruled to temporarily block the Federal Trade Commission’s ban while a Pennsylvania court upheld it), a federal district judge in Texas has…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Injunctions, Non-Compete Agreements

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Jennifer Lacroix

Rule Changes Under the Trademark Modernization Act

Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. The new rules and procedures are multifaceted and address several aspects of trademark law, both with respect to…more

Expungement, Injunctive Relief, Irreparable Harm, Patent Re-Examination, Protests

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Jamie Lane

Autonomous Semi-Trucks Are Shaping the Industry for the Long Haul

Autonomous, or self-driving, vehicles are not a new concept. Companies such as Mercedes Benz, BMW, and Tesla have reshaped the automobile industry by producing and selling autonomous vehicles equipped with the newest AI…more

Artificial Intelligence, Automation Systems, Commercial Truck Drivers, FMCSA, Innovative Technology

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Scott Lechowicz

A Year With Mallory: Revisiting The Concept of Consenting to General Personal Jurisdiction

On June 27, 2023, Truck on highwaythe Supreme Court of the United States decided Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023). The divided Court upheld a Pennsylvania corporate registration statute which stated…more

Constitutional Challenges, Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co

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Martha Lehman

What’s In A Name? When Is A Farmer A Family Farmer Under The Bankruptcy Code?

The United States Bankruptcy Code contains a special bankruptcy chapter for family farmers with regular income. Chapter 12 of the Bankruptcy Code allows family farmers to reorganize in a preferred way. For example, a family…more

Agribusiness, Agricultural Sector, Bankruptcy Code, Chapter 11, Chapter 12

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Alice Lin

[Webinar] Managing New Legal Mandates for Multi-State Employers - June 11th, 10:00 am CT

It’s not usual for companies to have employees working in multiple states, especially if they hire remote workers. However, managing a workforce that is spread out over multiple locations can be challenging. Join Sara Zorich,…more

Corporate Transparency Act, E-Verify, Employee Benefits, Employee Tracking, Employer Liability Issues

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Elizabeth Lum

Ruffled Feathers: HOA Restrictions on Raising Chickens

On July 12th, Missouri Governor Parsons signed HB 2062, a House Bill that, beginning this August, may ruffle a few feathers of those developers, directors, homeowners, and others associated with Missouri homeowner associations…more

Chicken Coops, Governor Parson, Homeowners Association (HOA), Housing Developers, New Legislation

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Thomas Lyman, III

A Year With Mallory: Revisiting The Concept of Consenting to General Personal Jurisdiction

On June 27, 2023, Truck on highwaythe Supreme Court of the United States decided Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023). The divided Court upheld a Pennsylvania corporate registration statute which stated…more

Constitutional Challenges, Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co

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Andrew MacDonald

Estate Planning for Young Adults: Essential Documents as Your Child Heads to College

As your child approaches their milestone 18th birthday, it's crucial to understand the changes and responsibilities that accompany reaching the age of majority in the eyes of the law. This moment marks their transition into…more

Adult Children, Durable Power of Attorney, Estate Planning, Living Will, Medical Directives

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Brandt Madsen

UAS Integration Program - Up And Running

President Trump's administration has announced the creation of a new Integration Pilot Program. According to the president, “Our nation will move faster, fly higher, and soar proudly toward the next great chapter of American…more

Airspace, Commercial Use, Drones, Federal Aviation Administration (FAA), Part 107

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Debra Mastrian

EEOC Issues New Guidance on COVID-19 Testing

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) - the federal agency responsible for enforcing anti-discrimination laws - issued new guidance on when employers may require employees to screen/test employees…more

ADEA, Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC)

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Jacqueline Lentini McCullough

I-94 Travel Tips for Fewer Headaches

Traveling to the U.S. can be grueling. By the time you arrive at Customs and Border Protection (CBP), all you want is to get through and be on your way. But diligence and a little extra time at CBP can save you headaches, money,…more

Customs and Border Protection, Foreign Nationals, Form I-94, I-94 Cards, Immigrants

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Michael McGrory

Missouri Says "Yes" To Medical Marijuana - What To Know Now

While the official tally is not yet in, it became clear late Tuesday night that Missouri voters have chosen to legalize medical marijuana in their state. Missouri citizens voted to adopt Amendment 2, or the New Approach…more

Ballots, Business Formation, Decriminalization of Marijuana, General Elections, Medical Marijuana

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Edna McLain

Keeping an Eye on PHI: OCR Guidance Concerning Permissible Disclosures of Reproductive Health PHI following Dobbs

On June 29, 2022, the U.S. Department of Health and Services’ Office for Civil Rights (OCR) issued guidance for healthcare providers and patients concerning the privacy protections afforded to a patient’s health information…more

Abortion, Disclosure, Dobbs v. Jackson Women’s Health Organization, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

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Rich McNelley

Maintenance And Cure In The Time Of COVID-19

As cases of COVID-19 continue to surge across the country, employers are faced with an array of new risks and challenges. This is particularly true for marine companies that employ Jones Act seaman who are entitled to…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Jones Act

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Raymond Melton

Contractors Considered Essential Workers During Shelter-In-Place Orders

Across the country, various jurisdictions have issued orders requiring citizens to stay at home or at their place of residence unless an exemption applies. Roofing contractors and other businesses that utilize insurance funded…more

Contractors, Coronavirus/COVID-19, Health and Safety, Public Health, Shelter-In-Place

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Laurie Meyer

Federal Judge Blocks FTC Non-Compete Ban

Following a split between federal district courts (federal judges in Texas and Florida ruled to temporarily block the Federal Trade Commission’s ban while a Pennsylvania court upheld it), a federal district judge in Texas has…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Injunctions, Non-Compete Agreements

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Margaret Miles

Pregnant Workers Fairness Act: Top 5 Takeaways from the EEOC’s Final Regulations

On April 19, 2024, Pregnant Employeethe Equal Employment Opportunity Commission (EEOC) published the final rule and interpretive guidance for implementation of the Pregnant Workers Fairness Act (PWFA). The final rule becomes…more

Documentation, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation

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Christopher Miller

Re-Classification Coming: NLRB Poised to Change the Test for Misclassification and Ramp Up Enforcement Efforts

On December 27, 2021, the NLRB entered a formal Notice and Invitation for briefing from the public to aid in its consideration of: (1) overturning the independent-contractor standard established in SuperShuttle DFW, Inc., 367…more

Classification, Department of Labor (DOL), Independent Contractors, NLRB

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Kim Morgan

[Webinar] Leadership & Management 2024 Certification Training | RECRUITING AND ONBOARDING EMPLOYEES - September 11th, 12:00 pm - 2:00 pm CST

Proper and meaningful employee onboarding is essential. Learn best practices for effective hiring and initial onboarding to help diminish problems down the road. Interviewing, background and reference checks, as well as actual…more

Background Checks, Best Management Practices, Employee Retention, Employee Training, Employees

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Keith Mundrick

3 Real Estate Issues Facing All Bank Branches

Banks own and operate a Real estate contractsurprising amount of real estate for their branches and offices. There were over 77,500 bank branches in America as of the end of 2023. By comparison, McDonalds has about 13,000 stores…more

Banks, Branch Offices, Eminent Domain, Financial Institutions, Premises Liability

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Jennifer Murphy

[Webinar] New Game Changing Law Impacting Illinois Temporary Staffing Agencies, Employees and User Clients - July 18th, 10:00 am - 11:00 am CT

Illinois temporary staffing agencies are already highly regulated under the Illinois Day and Temporary Labor Services Act. New legislation passed under House Bill 2862 goes leaps and bounds further in the regulation of temporary…more

Employee Benefits, Hiring & Firing, Illinois, New Legislation, Staffing Agencies

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Suzanne Newcomb

[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management…more

Background Checks, Best Practices, Certifications, Conflict Resolution, Documentation

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John Ochoa

Website Accessibility Lawsuits Are on the Rise – Are You Compliant?

There are various state and federal laws that prohibit discrimination against disabled individuals. The best known of these is the Americans with Disabilities Act (“ADA”), which requires that places of public accommodation be…more

Americans with Disabilities Act (ADA), Disability Discrimination, Goods or Services, Public Accommodation, Website Accessibility

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Courtney Oliver

Hospitals Beware: What to Expect During an EMTALA Investigation

The Centers for Medicare and Medicaid Services (CMS) has increasingly focused its efforts on investigating hospital emergency departments for potential violations of the Emergency Medical Treatment and Labor Act (EMTALA), which…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, EMTALA, Health Care Providers, Healthcare Facilities

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Suzannah Wilson Overholt

[Webinar] Health Care Compliance: Developing and Implementing an Effective Program - July 23rd, 12:00 pm CT

Join Suzannah Wilson Overholt and Moses Suarez for a discussion of federal guidance impacting compliance programs in the health care setting and critical steps in implementing those programs, including the roles of risk managers…more

Chief Compliance Officers, Chief Risk Officers (CRO), Compliance, Compliance Commitees, Fraud and Abuse

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Daniel Peters

COVID -19 And Business Interruption Claims

As COVID-19 inflicts a disheartening human toll in the United States and throughout the world, officials balance science, politics and policy in determining appropriate responses to the health crisis and the immense economic…more

Business Closures, Business Disruption, Business Interruption, Coronavirus/COVID-19, Infectious Diseases

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Vic Peterson

FTC Announces Increases to Hart-Scott-Rodino Act Notification Thresholds and Filing Fees

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) requires premerger notifications to be filed for larger transactions in order to prevent monopolies and other anti-competitive effects. Unless an exemption applies,…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Pre-Merger Filing Requirements, Premerger Notifications

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Thomas Pienkos

Invention Disclosure Form: Why Does It Matter?

One of the first things patent attorneys will do, when you speak with them about filing a patent application, is send you an invention disclosure form to be filled out. Many companies also complete invention disclosure forms as…more

Disclosure, Intellectual Property Protection, Inventions, Inventors, Patent Applications

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Ryan Prisock

The Risks of Using Chatbots in the Financial Industry and How to Foster Consumer Confidence

Recently, the Consumer Financial Protection Bureau (CFPB) released a report on the use of chatbots, such as ChatGPT, etc., by financial institutions. The report highlighted that chatbot use, as automated teller machines and…more

Artificial Intelligence, Audits, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions

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Julie Proscia

The FTC’s Rule Banning Non-Compete Agreements is on Thin Ice

On July 3, 2024, Non-Compete Agreementa federal judge in Texas issued a preliminary injunction that stays the US Federal Trade Commission’s (FTC) near-total ban on non-compete agreements for the named plaintiffs seeking to…more

Chamber of Commerce, Employment Contract, Federal Trade Commission (FTC), Lack of Authority, Non-Compete Agreements

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Jeffrey Risch

Breaking News Impacting Illinois Staffing Agencies & User Clients

Friday, Governor Pritzker signed Senate Bill 3650 (SB 3650), which amends the Illinois Day and Temporary Labor Services Act (the “Act”) -- AGAIN. This is the 3rd major amendment to the Act in just over a year. The impact of the…more

Collective Bargaining, Employee Benefits, Employee Training, Equal Pay, Fair Labor Standards Act (FLSA)

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Emilie Rohde

Supreme Court to Consider Corporate Separateness in Calculating Trademark Infringement Damages

The United States Supreme Court is set to take on a trademark infringement case that may have a lasting impact on the concept of corporate separateness. In Dewberry Group, Inc. v. Dewberry Engineers Inc., the Supreme Court will…more

Common Ownership, Corporate Veil, Damages, Disgorgement, Lanham Act

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Gerald Rohrer Jr.

California Court Opens the Litigation Floodgate Re: COVID-19 Exposure in the Workplace

In See’s Candies v. Ek, a California Appellate Court ruled that the plaintiff’s claims against her employer for negligence were not preempted by the exclusivity provisions of the California Workers’ Compensation Act; thus,…more

Appellate Courts, CA Supreme Court, Coronavirus/COVID-19, Infectious Diseases, Occupational Exposure

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Sara Rose

State and Local Employment Law Update – Family Leave, Fair Labor Standards Act, Religious Accommodations and More

In the latest round of state employment law updates family leave and religious accommodations are in the spotlight. We also highlight wage and hour laws relating to compensable time. Read the full article to see if any of these…more

Fair Labor Standards Act (FLSA), Individual Retirement Account (IRA), Non-Compete Agreements, Non-Solicitation Agreements, Paid Family Leave Law

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Eric Samore

BIPA Strikes Again: $228 Million Verdict Awarded in First BIPA Jury Trial

If companies that employ Illinois residents and use any type of equipment to scan fingers, hands, face, or eyes were not yet aware of and concerned by the Illinois’ biometric privacy law, the Illinois Biometric Privacy Act…more

Biometric Information, Biometric Information Privacy Act, Consent, Data Collection, Data Privacy

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Patrick Sanders

Three Needless Deaths: Recognize Confined Space Dangers On Your Job Sites

On July 14, 2017, the U.S. Department of Labor’s Occupational Safety and Health Administration cited a contractor for 10 serious violations after the deaths of three workers who succumbed to toxic gases in a manhole on January…more

Contractors, Department of Labor (DOL), Employer Liability Issues, OSHA, Workplace Hazards

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Jack Sanker

NLRB’s 2023 “Joint Employment” Rule OVERTURNED by Federal District Court

The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly…more

Administrative Procedure Act, Chamber of Commerce, Joint Employers, Labor Disputes, NLRA

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Timm Schowalter

All Workplace Rules Are Now Unlawful in the Eyes of the NLRB --- IF Employees and Unions Say So!?!?

An employee complains to human resources, “I am a hamster from Venus and filing unfair labor practice charge because the pay policy of paying bi-weekly is chilling my Section 7 rights!” No, this is not a bizarre scene out of a…more

Employer Liability Issues, Employment Policies, Joe Biden, NLRA, NLRB

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Emily Schroeder

Third-Party Litigation Financing and Illinois’ Attempt to Regulate Has Implications for the Transportation Industry

Third-party litigation financing is something defendants, and the transportation industry in particular, will likely increasingly see in lawsuits filed in Illinois. Generally, third-party litigation financing or funding is where…more

Contract Terms, Illinois, Investment, Litigation Funding, Settlement

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Andrew Seiber

Employee Drivers: They did What?! When Company Drivers Act Outside The Scope Of Employment

Your employee drivers are the face of the company. But what about the times when your employee drivers are “off the clock” and no longer bound by their regular employment rules and regulations? For example, would your company…more

Employer Liability Issues, FMCSA, Motor Carriers, Wage and Hour

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David Sethi

The Impact of Cook County’s Increase in Referrals to the Law Division Mandatory Arbitration Program

The significant increase in Cook County law division cases referred to the mandatory arbitration program in 2024 may have a surprisingly positive impact on the transportation industry. With verdicts on the rise, the arbitration…more

Arbitration Awards, Bodily Injury, Commercial Litigation, Legal Fees, Mandatory Arbitration

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Michael Shaw

Navigating the Future: Essential Steps for Estate Planning After the Loss of a Loved One

Death is never an easy subject to discuss. No matter how many times it touches our lives, it never gets any easier. Every time a loved one is taken from us, the pain is fresh, and it lasts. Coupled with the pain is the stress…more

Asset Management, Beneficiaries, Estate Planning, Trustees, Trusts

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Mark Sickles

Federal Motor Carrier Safety Administration (FMCSA) Holding CMV Drivers Accountable

Big changes are in store for commercial driver’s license (CDL) holders who test positive for drugs or alcohol. In October 2021, FMCSA issued a final rule aimed to improve highway safety. Under the rule, CDL holders with drug…more

Alcohol Testing, Commercial Driving Licenses, Drug Testing, FMCSA, Ford Motor

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Steven Sims

Patience is a Virtue: Landmark Federal M&A Broker Exemption Effective March 29, 2023

Business brokers and intermediaries who are active in the lower end of the M&A middle market have been lobbying Congress for 10 years to enact a limited exemption from broker registration under the Securities Exchange Act of…more

Brokers, Exemptions, M&A Brokers, Privately Held Corporations, Registration

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Ryan Spott

Wisconsin Real Estate Property Taxes: Biennial Exemption Report Filing Deadline – March 31, 2024

The City of MilwaukeeHouse with Calculator (and various other municipalities) has sent its Biennial Property Tax Exemption Report and Filing Fee Notices. Owners of tax-exempt real property in Wisconsin must file a Form PC-220…more

Appraisal, Churches, Educational Institutions, Exemptions, Filing Fees

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Daniel Spungen

U.S. Supreme Court: "Pure" Omissions Are Not Actionable Under Rule 10b-5

On April 12, 2024, the United States Supreme Court issued a unanimous ruling in Macquarie Infrastructure Corp. et al v. Moab Partners, L.P., et al. which held that omissions, by themselves, are not subject to private rights of…more

Disclosure Requirements, Failure To Disclose, Financial Services Industry, Macquarie Infrastructure Corp v Moab Partners LP, Omissions

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Paul Struebing

NEW Illinois Law Limiting The Use Of Criminal Convictions: How It Impacts Hiring In The Transportation Industry

With Governor Pritzker’s signature to Senate Bill 1480 on March 23, 2021, the Illinois Human Rights Act (IHRA) now prohibits any employer’s use or reliance on a criminal conviction to support an adverse employment action outside…more

Criminal Background Checks, Criminal Convictions, Governor Pritzker, Hiring & Firing, Human Rights Act

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Jennifer Stuart

Illinois Pre-Judgment Interest Statute Declared Unconstitutional

On May 27, 2022, Judge Marcia Maras in the Circuit Court of Cook County issued a memorandum, holding Illinois’s recently enacted prejudgment interest statute unconstitutional, and holding that the legislation violated both the…more

Bodily Injury, Damages, Illinois, Jury Trial, Prejudgment Interest

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Moses Suarez

[Webinar] Health Care Compliance: Developing and Implementing an Effective Program - July 23rd, 12:00 pm CT

Join Suzannah Wilson Overholt and Moses Suarez for a discussion of federal guidance impacting compliance programs in the health care setting and critical steps in implementing those programs, including the roles of risk managers…more

Chief Compliance Officers, Chief Risk Officers (CRO), Compliance, Compliance Commitees, Fraud and Abuse

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Kelly Haab-Tallitsch

[Webinar] Survive and Thrive: What Businesses Must Do Now to Brace for a Recession - July 13th, 10:00 am - 11:00 am CT

Most businesses are affected during a recession, from financial implications to employee retention. As uncertainty about the future increases, make sure your business has a plan in place in order to see the light at the end of…more

CEOs, CFOs, COOs, Employee Benefits, Employee Retention

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John Tanselle

Has Spring Finally Arrived for Indiana Financial Institutions and their Deposit Accounts?

This past week, Indiana Governor Eric Holcomb signed H.B. 1284 and S.B. 188 into law, each of which will become effective on July 1, 2024. H.B. 1284 was authored in response to the recent Indiana Supreme Court holding in Land…more

Credit Unions, Deposit Accounts, Depository Institutions, Financial Institutions, Governor Holcomb

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Joseph Tierney IV

Local Governance Expand Influence over Commercial Building

A seemingly small win for birds could potentially have big implications for builders. A recent court of appeals decision may impact commercial buildings and construction. In Wisconsin, a statewide commercial building code…more

Building Codes, Commercial Property Owners, Construction Site, Local Ordinance

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Karen Tobin

[Webinar] Managing New Legal Mandates for Multi-State Employers - June 11th, 10:00 am CT

It’s not usual for companies to have employees working in multiple states, especially if they hire remote workers. However, managing a workforce that is spread out over multiple locations can be challenging. Join Sara Zorich,…more

Corporate Transparency Act, E-Verify, Employee Benefits, Employee Tracking, Employer Liability Issues

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Larry Tomlin

Has Spring Finally Arrived for Indiana Financial Institutions and their Deposit Accounts?

This past week, Indiana Governor Eric Holcomb signed H.B. 1284 and S.B. 188 into law, each of which will become effective on July 1, 2024. H.B. 1284 was authored in response to the recent Indiana Supreme Court holding in Land…more

Credit Unions, Deposit Accounts, Depository Institutions, Financial Institutions, Governor Holcomb

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Joe Trevino

New Legislation May Allow Carve-Out For Bypassing Wisconsin Court Of Appeals

In an unprecedented deal for the state of Wisconsin, Foxconn, a Taiwanese electronics company, has been offered an incentive package worth an estimated $3 billion to bring a manufacturing plant to southeast Wisconsin. Part of…more

Appeals, Carve Out Provisions, Incentives, Proposed Legislation

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Sofia Valdivia

“Pixels” and “Cookies,” Charming Terms for Tracking Technology, Can Lead to Ugly Data Privacy Headaches

Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support the…more

Consent, Cookies, Cybersecurity, Data Protection, Health Insurance Portability and Accountability Act (HIPAA)

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Erin Walsh

DC Circuit Invalidates FCC Fax Rule Effectively Closing the Door to TCPA Class Actions Based on Alleged Violations

The D.C. Circuit Court of Appeals held that the Federal Communications Commission (“Commission”) overstepped its authority in 2006 when it implemented the Solicited Fax Rule, which requires all fax advertisements — even those…more

Advertising, Faxes, FCC, Opt-Outs, TCPA

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Kay Weiler

You’ve Been Trolled: Assessing A Copyright Infringement Cease And Desist Letter

Almost every company’s web site has one or more photographs. Maybe yours have been in use for years. You don’t remember where or how you got them, but you like them. They look good. They illustrate your product or service. You…more

Cease and Desist, Copyright, Copyright Infringement, Photographs, Websites

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Mark Wenzel

New Requirements Related to E-Lien Filing in Motor Vehicle Consumer Loans

Indiana recently enacted laws allowing creditors involved in consumer credit transactions secured by motor vehicles or other titled assets to record their liens electronically. This is progress but there are other requirements…more

Consumer Loan Companies, Creditors, E-Filing, Liens, Loans

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Emma Zhang

U.S. Supreme Court Opens Door for Companies to Face Lawsuits in Any State They Are Registered to Do Business

In a recent decision, Mallory v. Norfolk Southern Railway Co., the U.S. Supreme Court opened the door for companies to face lawsuits in the state where they have registered to do business. The ruling stems from a case involving…more

Due Process, Foreign Corporations, Mallory v Norfolk Southern Railway Co, Out-of-State Companies, Personal Jurisdiction

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Sara Zorich

Illinois Establishes Additional Requirements for Employers Using E-Verify

On August 9, 2024, the Illinois State Senate finalized amendments to the Right to Privacy Act. These amendments add additional requirements for employers who use employment eligibility verification programs, including E-Verify…more

Adverse Employment Action, E-Verify, Eligibility, Illinois, Right to Privacy

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