Hepler Broom, LLC

Monthly Archives: February 2015

The Fifth Circuit Holds that a Corporation is Not a Person—At Least for Purposes of Insurance Coverage

February 23, 2015

Have you ever seen a corporation walk down the street? Or maybe you’ve shaken hands with a corporation lately? Perhaps you’ve witnessed a corporation do The Wiggle? Over two hundred years ago, Chief Justice Marshall wrote that a corporation is “an artificial being, invisible, intangible, and existing only in contemplation of law.” More recently, Justice […]

Risky Business: The Terrorism Risk Insurance Act

February 13, 2015

The backbone of insurance is risk.  It is assessing risk, allocating risk, pricing risk, and insuring risk.  The insurance industry is – in a word – one of risk. To help calculate risk, the industry has built sophisticated models and algorithms, designed to measure the likelihood of certain events and scenarios.  These predictive models quantify […]

Conversational Privacy – It’s A Thing in Illinois

February 4, 2015

Illinois’ former eavesdropping law was unconstitutional because it was too broad to protect the fundamental interest in conversational privacy. When the former law was held unconstitutional, many wondered how the General Assembly would respond. By enacting this new law on December 30, 2014, Illinois made clear that it was going to stay the course and […]

Consider It (Not) A Deal: Whether offering “continued” or “new” employment, an offer for “at-will” employment is insufficient consideration to form a contract

February 3, 2015

The Missouri Court of Appeals recently rendered unenforceable employment contracts seeking to bind “at-will” employees unless there is consideration from the employer beyond an offer of employment. In Kathryn Jimenez v. Cintas Corporation, et al., No. ED101015 & ED1011241 (Mo. App. E.D. Jan. 13 2015), the Eastern District held that an offer for at-will employment, […]