Hepler Broom, LLC

Can Parent Companies be Held Liable for the Acts of Their Subsidiaries? The Theory of Expanded Liability for Parent Companies in Illinois

July 24, 2013

** By HeplerBroom Summer Associate Tiffany B. Wong A. Direct Participant Liability Negligence Theory in Illinois In Illinois, it is a bedrock principle of limited liability deeply ingrained in our economic and legal systems that a parent company is not liable for the acts of its subsidiary.  Liability for negligence arises when one person breaches a […]

Illinois Supreme Court Analyzes Circumstances Where Illinois Courts May Obtain Jurisdiction Over Foreign Corporations

May 30, 2013

In Russell v. SNFA, 2013 IL 113909 (Ill. Apr. 18, 2013), the Illinois Supreme Court held that Illinois courts had jurisdiction over a French company despite the fact that the company had no offices, assets, property or employees in Illinois, no license to do business in Illinois, and did not specifically direct product sales in […]

Welcome to Federal Court: U.S. Supreme Court Holds No Stipulating Way Out of CAFA Jurisdiction

April 22, 2013

On March 19, 2013, the U.S. Supreme Court unanimously ruled in Standard Fire Ins. Co. v. Knowles that class-action plaintiffs cannot circumvent the jurisdictional requirements of the Class Action Fairness Act of 2005 (“CAFA”) by stipulating damages under the jurisdictional threshold. CAFA provides federal courts original jurisdiction over class actions where, among other things, the […]

“Pay-for-Delay” Patent Settlements Coming Under Increased Antitrust Scrutiny

April 1, 2013

On January 17, 2013, the Federal Trade Commission (FTC) issued a report revealing an increase in “pay-for-delay” or “reverse-payment” patent settlements between brand-name pharmaceutical companies and their generic counterparts These controversial settlements typically involve a brand-name drug manufacturer who is granted a drug patent which gives the company the exclusive right to sell the drug […]

Corporate Counsel Take Note: Attorney-Client Privilege Scores Major Victory in Illinois Supreme Court

March 23, 2013

The attorney-client privilege is one of the oldest recognized privileges protecting confidential communications between two parties.  While the privilege serves as the cornerstone of the attorney-client relationship, the privilege is waived when confidential communications are disclosed to third parties.  In fact, the “subject-matter waiver” doctrine holds that where a privileged communication concerning a particular subject […]

Illinois Supreme Court Recognizes New Privacy Tort: Intrusion Upon Seclusion

March 10, 2013

Following the lead of multiple Illinois appellate districts, the Illinois Supreme Court recently recognized for the first time an actionable tort for “intrusion upon seclusion.”  Intrusion upon seclusion is one of four torts generally recognized under the umbrella of the “right to privacy” torts along with public disclosure of embarrassing private facts, publicity which places a person […]

Illinois Appellate Court Finds Insured’s Consumer Fraud Act Claim Not Preempted by the Illinois Insurance Code

February 22, 2013

In Burress-Taylor v. American Security Insurance Company, 2012 IL App (1st) 110554 (Cook Co. 5th Div.) (October 26, 2012), an Illinois appellate court recently reversed the dismissal of an insured’s complaint against her insurance company for alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (“Consumer Fraud Act”) (815 ILCS 505/1 et […]

International Operations?—Important New Guidance On The Foreign Corrupt Practices Act

February 16, 2013

When does a gift or entertainment risk being treated as a violation of the Foreign Corrupt Practices Act (FCPA)?  When do payments associated with obtaining international business become bribes?  What do you do when facilitation payments are requested? How can you deal with these thorny issues and maintain your competitive edge?  The answers are fact […]

Attention Auto-Parts Industry: No End in Sight for Price-Fixing Prosecutions

February 5, 2013

If you are involved in the auto parts industry there is good reason to be concerned.  Why?  Read on. On October 31, 2012 The Department of Justice-Antitrust Division announced the ninth guilty plea for price-fixing and bid-rigging in a continuing investigation of industry practices.  The DOJ investigation reveals a long-standing conspiracy from approximately 2003 to […]

Have You Heard From Rachel?

January 8, 2013

Not so fast.  Rachel is Robocaller associated with unwanted calls to consumers by multiple “Cardholder Services” companies offering credit card interest rate reductions in exchange for an up-front fee. The Federal Trade Commission is not amused.  On November 1, 2012 the FTC announced successful prosecution of five companies based in Arizona and Florida responsible for […]