Posts from May 2017.
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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 courts of appeals of this country understood the prohibition against sex discrimination to exclude discrimination on the basis of a person’s sexual orientation.” Id. at 340. On April 4, 2017, the Seventh Circuit issued its groundbreaking decision,[1] departing from ...

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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 forth those circumstances in which an entity is entitled to immunity, but many of the Act’s provisions expressly except immunity when an entity’s conduct is ...

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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 (who received their health insurance from Anthem through the Federal Employee Health Benefits Program) were among the victims of the hacking. Id.

On May 13, 2016, the Lead Plaintiffs in the multidistrict litigation served a subpoena on the ...

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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 now frequent website notices or press releases that announce that although no one is known to have been harmed, yet another potential information security incident has taken place at yet another company that may have once again exposed customer information.

So what ...

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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 have not made a mistake or missed an important change. You look over the email again. At first glance it appears legit:

Or it might be your worst nightmare: an email from the SEC questioning your firm’s disclosures, revenue recognition ...

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Kerri Forsythe
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