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Category Archives: Blog

EEOC Updates Technical Assistance for Covid-19 and the Americans With Disabilities Act

On April 17, 2020, the Equal Employment Opportunity Commission released Technical Assistance Questions and Answers regarding Covid-19 and the interaction of this public health crisis with the Americans with Disabilities Act (ADA), the Rehabilitation Act and other employment protection laws. The ADA and the Rehabilitation Act continue to apply during this time of pandemic, but […]

HIPAA Rules and Disclosures During the COVID-19 Public Health Emergency

In response to the COVID-19 pandemic, the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) announced that it will exercise its enforcement discretion and will waive potential penalties for HIPAA violations against healthcare providers that serve patients through remote communications technologies, such as FaceTime, Zoom, and Skype, during the […]

COVID-19: The Families First Coronavirus Response Act

On March 18, 2020, Congress passed and the President signed Public Law No. 116-127, the Families First Coronavirus Response Act. This Act contains, among other provisions, the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. The Act applies generally to all businesses with fewer than 500 employees, regardless of […]

Illinois’s 2020 #MeToo Reforms: The Impacts of Anti-Harassment and Discrimination Reforms in P.A. 101-221 on Employers, including on Contracts, Liabilities, Training, Disclosures, Leave, and Accommodations

Illinois anti-harassment and anti-discrimination law has grown far more complicated, effective January 1, 2020. That’s when most of Public Act 101-221 went into effect, adding a new minefield of duties for employers in the state. This sweeping legislation created three new Acts, including the Workplace Transparency Act (“WTA”), and amended eight others, including major additions […]

Illinois Appellate Court Allows Plaintiff to Pursue Aggressive Approach to Legal Fees and Costs Under the Nursing Home Care Act in Recent Decision

Under the Nursing Home Care Act, a successful plaintiff is typically allowed to recover their attorney fees. Prior to the recent Appellate Court opinion in Grauer v. Clare Oaks, a court typically granted attorney fees under the Lodestar Method. Under this method, reasonable fees are calculated by multiplying the number of hours reasonably spent by […]

Borrowed Employee’s Injury Claim Was Barred by the Workers Compensation Act Even Though A Staffing Agency’s Insurer Paid His Compensation Benefits

The Illinois Appellate Court recently held that a client of a staffing agency was protected by the exclusive-remedy provision of the Workers’ Compensation Act for injuries to a loaned employee even if the client did not reimburse the agency for workers’ compensation premiums or benefits. In Holten v. Syncreon North America, Inc., 2019 IL App […]

Illinois’ New Marijuana Legislation: Notable Provisions and Important Considerations

On June 25, 2019, Illinois Governor J.B. Pritzker signed into law HB 1438, otherwise known as the Cannabis Regulation and Tax Act (“the Act”), a bill legalizing the recreational use and purchase of marijuana in Illinois. Starting January 1, 2020, adults over the age of 21 will be able to legally purchase marijuana from licensed […]

Illinois Supreme Court Signals Heightened Standard For Discretionary Immunity

The Illinois Supreme Court recently issued an opinion that reaffirmed long-standing precedent holding that claims for injuries caused by dangerous conditions on public property are subject to the “discretionary immunity” defense under Sections 2-109 and 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-109, 2-201. However, in reversing the lower […]

Protecting the Rights of Insureds in Bankruptcy Proceedings

Colette L. Kopon and Michael A. Airdo won a major victory in Bankruptcy Court for the Northern District of Illinois on August 1, 2018. The Court found in favor of all parties objecting to a proposed settlement between the Trustee and an insurance carrier that would have otherwise enjoined the objecting parties from pursuing their […]

Illinois Courts Will Consider Claim File Notes in Finding an Insurer Must Defend

By Jeanne M. Zeiger Based on information contained in the insurer’s own claim file note, the Illinois Appellate Court found an insurer had a duty to defend its insured’s subcontractor, continuing the recent trend of expanding materials that a court may consider in determining the duty to defend.   In Pekin Insurance Company v. AAA-1 Masonry […]