Hepler Broom, LLC

A Cautionary Tale: Pay Attention to Remedial Steps Post Cyber Breach

March 22, 2017

I remember in drivers’ education class being shown the obligatory scary movie on railroad crossing accidents. After the wreck, one salty old train engineer says to another, looking at the demolished car, “Why don’t they learn, Slim?” “I don’t know, Jim,” the other fellow says, scratching his furrowed brow. In the information security world, we […]

How Will OSHA’s Crystalline Silica Rule Affect Construction and General Industry Employers?

March 8, 2017

Crystalline silica (“silica”) is a mineral found in materials such as sand, concrete, stone and mortar that are used in industrial products and at construction sites. Silica is also used in the manufacture of glass, pottery, ceramics, bricks, concrete and artificial stone. Medical studies have concluded that inhalation of silica can cause silicosis (a lung […]

New Hart-Scott-Rodino Antitrust Pre-Merger Notification Thresholds Announced; Annual GNP Adjustments Effective Feb. 27, 2017

February 28, 2017

Annually, the Federal Trade Commission (FTC) is required to revise the basic thresholds used to determine reportability of transactions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), based on the change in our gross national product. Once again the thresholds have increased. The changes were effective February 27, 2017. Most importantly, […]

Taking Time to Grieve: The Illinois Child Bereavement Act

February 22, 2017

A new Illinois law requires employers with at least 50 employees to provide FMLA-eligible employees up to 10 workdays of unpaid leave to attend a child’s funeral (or its alternative), to make necessary arrangements resulting from the death of a child, or to grieve a child’s death. The new law, aptly titled the Child Bereavement […]

Spokeo Speak: SCOTUS Addresses Injury-in-Fact Standing in Spokeo

May 23, 2016

A Meaningful Class Action Defense Tool? On May 16, 2016 the High Court finally spoke on Spokeo, the long anticipated case involving what injury is necessary to sustain Article III standing in federal court.  Some predicted a blow to consumer protection and privacy related class actions in which neither the class representative nor the class […]

The Eighth Circuit Sends a Bad Message on Unsolicited Faxes

May 11, 2016

Class Certification of TCPA Claims in Sandusky Wellness Center, LLC v. MedTox Scientific, Inc. Alexander Bain, a Scotsman, worked on an experimental fax machine in the 1840’s, synchronizing the movement of two pendulums through a clock to scan messages on a line by line basis. Bain’s work resulted in a patent issued May 27, 1843 […]

New Trade Secret Protection Weapon

May 4, 2016

Unleashing a Trade Secret Misappropriation Federal Private Right of Action President Obama is poised to sign a bill passed unanimously by the Senate and House Judiciary Committee.  What issue of the day could possibly secure such bipartisan support in a tumultuous presidential election year?  One that even Donald Trump and Bernie Sanders could agree upon. […]

Garretson Resolution Group Introduces Product to Streamline Medicare’s Recovery and Reporting Requirements in Malignant Asbestos Injury Cases

March 2, 2016

Garretson Resolution Group (Garretson) conducted a meeting in January, 2015 attended by HeplerBroom, other members of the asbestos defense bar, and counsel for asbestos plaintiffs. At the meeting, it introduced its new Asbestos Malignancy Alternative Resolution Process (which Garretson refers to as the AMP).  Garretson stated that several years ago, it reached an agreement with […]

The Three-Part Guide to Understanding the Implications of the Amended Federal Rules of Civil Procedure: Part III

February 11, 2016

Now that the amendments affecting the rules regarding the bringing of a case and case management procedures, as well as those changes to the scope of discovery have been discussed, the final piece of this guide addresses the changes to preservation requirements and the new rule governing sanctions—or remedies—for ESI spoliation. Rule 37(e) has been […]

To Taylor, Love Michael: And Other Remarks on Insurable Interests for Property Insurance

February 5, 2016

“He’s a jacka**,” President Obama explained, responding to a question as to why Kanye West interrupted Taylor Swift’s acceptance speech for Best Female Video at MTV’s 2009 Video Music Awards. “The young lady seems like a perfectly nice person. She’s getting her award. What’s he doing up there?” The President asked. According to Mr. West, […]