Category: Business Law
Subway Footlong Litigation
What if your “footlong” sandwich wasn’t quite a foot long? Most people don’t take the time to measure their sandwich to determine if Subway is holding up their end of the bargain, but some Midwesterners did. The results? Their sandwiches were not one foot long. Surprisingly, the sandwiches were approximately 11 inches, resulting in a
Staffing Companies Should Be Wary of Sexual Harassment Claims
In the first week of August 2017, the Seventh Circuit Court of Appeals issued a proverbial warning to staffing companies concerning sexual harassment in the workplace. A panel of three judges determined that a lower court had erred in finding for the employer in a Title VII sexual harassment case. In Nischan v. Stratoshpere Quality,
Is Your Non-Disclosure Agreement Enough?
In today’s world of cutthroat business and cyber security concerns, companies go to great lengths to protect their confidential and proprietary information, but is the Non-Disclosure Agreement (NDA) your employees signed enough to truly protect that information? Drafting and enforcing NDAs is an area where preparation and planning pays off in spades, as NDAs take
Telephone Consumer Protection Act (“TCPA”)
Second Circuit Court of Appeals Clarifies that Consent under the Telephone Consumer Protection Act Cannot Be Unilaterally Revoked if Given as Part of a Binding Contract The Second Circuit Court of Appeals recently issued a precedent-setting opinion concerning the Telephone Consumer Protection Act (“TCPA”). The TCPA, amongst other provisions, includes a broad prohibition against using
Midway International Airport Welcomes New Tenants
Chicago is often referred to as the “Second City”, just as Chicago’s Midway International Airport is often overshadowed by Chicago’s larger and busier O’Hare International Airport. However, as Midway’s largest airline, Southwest, continues to grow its market share, Midway is fast becoming the airport for which an increasing number of domestic air travelers spend their
President Trump Nullifies OSHA’s Ongoing Recordkeeping Rule
On April 3, 2017, President Trump signed into law House Joint Resolution 83, which nullified the Occupational Safety and Health Administration’s (“OSHA”) rule that allowed OSHA to cite employers that failed to make and maintain records of job-related injuries and illnesses for five years. OSHA had implemented the original rule in order to clarify that
Biometric Privacy Laws and Class Action Lawsuits in Illinois
Illinois’s 2008 Biometric Information Privacy Act was one of the first of its kind in the country. Biometric data is the unique biological information that can be used to identify one person from another. This includes such technology as digitally stored fingerprints and facial recognition technology. Anytime you use the finger print scanner to unlock
Pharmaceutical Representatives Must Be Licensed In Chicago
The Chicago City Council recently imposed a number of licensure and marketing requirements on pharmaceutical representatives in Chicago. Beginning on July 1, 2017, individuals who conduct business in the City of Chicago as a pharmaceutical representative for 15 or more days per year must obtain a license, which includes completing an educational course to be
First Appellate Court Clarifies the Implied Warranty of Habitability
On February 17, 2017, the First District Appellate Court issued a new decision which confirmed and clarified Illinois law regarding the implied warranty of habitability. The decision, Sienna Court Condominium Ass’n v. Champion Aluminum Corp., 2017 IL App (1st) 143364, came as a result of three consolidated appeals. The Decision confirmed and clarified three aspects
Illinois’s Freedom to Work Act
In Illinois, non-compete clauses are routinely under some form of attack as employees, employers, legislators, and the judiciary try to balance the freedom of contract against individual workers’ freedoms. Employers typically see non-compete clauses as a way to protect their intellectual properties, trade secrets, and client/customer contacts. Employees often see such clauses as a barrier