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Category Archives: Blog

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 […]

Illinois Supreme Court Holds: No Absolute Immunity for “Shared-Use” Paths

Last month, the Illinois Supreme Court handed down two opinions which effectively extinguished absolute immunity under section 3-107 of the Local Government and Governmental Employees Tort Immunity Act (the “Act”), 745 ILCS 10/1 et seq., for injuries occurring on “shared-use” paths operated by public bodies.  These opinions clarify that public bodies can rely only on […]

IDPH Regulatory Actions under the Nursing Home Care Act

Incidents involving personal injury to nursing home residents must be reported to the Illinois Department of Public Health (“IDPH”) within 24 hours. 77 Ill. Admin. Code 300.690. Such reports often prompt the IDPH to initiate an investigation into the incident reported. In addition to investigations and possible sanctions by the IDPH, as well as other […]

IADC Explores Critical Privacy and Data Protection Legal Issues in October 2017 Defense Counsel Journal

Understanding the legal challenges impacted by privacy in today’s age of widespread surveillance, artificial intelligence, electronic records and other technologies is a critical mission of the International Association of Defense Counsel (IADC). As part of its ongoing commitment to legal education, the IADC has dedicated the October 2017 edition of its Defense Counsel Journal (DCJ) […]

Enforcing Arbitration Agreements in Nursing Home Resident Contracts

The United States Supreme Court decision of Kindred Nursing Centers, L.P. v. Clark, along with federal regulatory action, has cleared the way for nursing homes in Illinois to adopt enforceable arbitration agreements as part of standard resident contracts.  For nursing homes and other long-term care facilities, these developments, which void prior prohibitions on arbitration agreements, allow […]

Legal Implications of Limiting or Monitoring Student and Employee Use of Social Media

Michael A. Airdo

On February 21, Michael Airdo will speak at the LaSallian Association of Secondary Schools Conference, in San Antonio, Texas. Mr. Airdo will discuss the legal implications of limiting or monitoring student and employee use of social media, and offer recommendations as to the best practices, policies, and procedures for both schools and employers to handle […]

Data Security’s Weakest Links: Social Media and Human Error

Mollie N. Werwas

Mollie Werwas and Justin Evans, of Kopon Airdo, recently presented a webinar for the firm’s clients focusing on data security and social media, and provided advice and recommendations for organizations and entities that are navigating these issues.