Hepler Broom, LLC

Coordination of Defense Strategies at Trial: The Winning Solution

August 2, 2017

Three recent successful Cook County defense verdicts in medical and dental malpractice cases show that the age old theory of teamwork and a united defense go a long way to winning cases. In all three trials, there were potential issues that could have split the defense camps, and efforts by opposing counsel in each case […]

Member-managed LLCs Under Illinois Amended Limited Liability Company Act Effective July 1, 2017

August 1, 2017

As most business law practitioners are aware at this point, the Illinois Limited Liability Act has been amended by HB 4361 and the amendments were effective July 1, 2017. The amendments to the Limited Liability Company Act include numerous provisions regarding member managed companies. This article will address some of the concerns regarding the amendments […]

New Missouri Statutes May Substantially Impact How Insurance Carriers Approach Liability Claims

July 6, 2017

Over the past few years, insurance companies have learned that handling liability claims in Missouri with coverage issues or policy-limit settlement demands can be an incredibly complex, and in some cases, dangerous endeavor. Much of that complexity stems from Missouri Revised Statute § 537.065, a statute which has been used as a powerful sword against […]

Instructing Juries on the Elements of Employment Discrimination: The Important Distinctions Made in Schnitker v. Springfield Urban League, Inc.

July 6, 2017

While movies and television shows never include a scene about jury instructions, in which the attorneys make impassioned (but boring) arguments about comma placement and the definitions of commonly used words, trial attorneys recognize that jury instructions can make or break a case. In a recent employment discrimination trial in Springfield, Illinois, faulty jury instructions […]

Reshaping “Sex” Discrimination?

May 31, 2017

The Seventh Circuit recently became the first circuit to hold that “discrimination on the basis of sexual orientation is a form of sex discrimination” under Title VII of the Civil Rights Act of 1964 (“Title VII”). Hively v. Ivy Tech Cmty. Coll. of Ind., 853 F.3d 339, 341 (7th Cir. 2017). “For many years, the […]

An Illinois Supreme Court Reminder of What Constitutes Willful and Wanton Conduct under Tort Immunity Act: Barr v. Cunningham, 2017 IL 120751

May 17, 2017

The Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101, et seq.—commonly known as the Tort Immunity Act—provides certain statutory immunities to local public entities. These protected entities include, but are not limited to, counties, townships, municipalities, school districts, park districts, and other local governmental bodies. See 745 ILCS 10/1-206. The Act sets […]

Just What the Doctor Ordered: Government Succeeds in Keeping Anthem Data Breach Documents Under Wraps

May 11, 2017

Between December 2014 and January 2015, Anthem Inc., suffered a massive cyberattack on its computer systems, allowing hackers to steal the health and personal information of nearly 80 million people. In re: Anthem, Inc. Data Breach Litigation, — F. Supp.3d —-, No. 16-MC-2210 APM, 2017 WL 680378, at *1 (D.D.C. Feb. 21, 2017). Federal employees […]

Arby’s: We Have the Breach! Cautionary Observations on Reputation Management and Cyber Breach Disclosures

May 9, 2017

Fast food restaurant chain Arby’s Restaurant Group Inc. is known for its great hot roast beef sandwiches and catchy slogan: “We have the Meats!” Arby’s is now communicating a different message; it may be the latest victim of a significant cyber breach. How are we to digest this? We have grown somewhat immune to the […]

Fake News: SEC Spear Phishing Scam—Don’t Trust, and Verify

May 3, 2017

It appears to be innocent and routine. The CFO of your company forwards to you an urgent-sounding, personally addressed email from the Securities Exchange Commission’s EDGAR public filing system announcing changes to the reporting system. Last week you signed the attestation of the accuracy of your Quarterly Report on SEC Form 10-Q. You hope you […]

Expanding Prohibitions on Accessing Applicants’ and Employees’ Personal Online Accounts: An Amendment to Illinois’ Right to Privacy in the Workplace Act

April 19, 2017

Does your company monitor its network or devices for network security or data confidentiality? Does your company have any policies or practices that seek access to any employees’ personal online accounts? If so, a recent amendment to Illinois’ Right to Privacy in the Workplace Act (“Act”) may require your company to adopt or revise its […]