Hepler Broom, LLC

Monthly Archives: May 2017

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 […]