It’s been just over 10 years since the Department of Labor last introduced wholesale changes to the FMLA regulations. Remember those happy days back in 2009, when we were introduced to new FMLA notice requirements (for all), clarity over employee eligibility and holidays, emphasis on call-in procedures, favorable bonus language and waivers of FMLA rights?  Oh, and those cute, new FMLA notices and medical certification forms?  Oh goodness, those were fun days! After a decade in which we witnessed both the introduction and end of Administrator’s Interpretations, a return to opinion letters and a spike in on-site visits from our…
Next Level SportSystems, Inc. v. S&S Activewear, LLC, et al., No. 18 C 5926, Slip Op. (N.D. Ill. Mar. 7, 2019) (Durkin, J.). Judge Durkin granted defendant YS Garments LLC’s Fed. R. Civ. P. 12(b)(7) motion to dismiss for failure to join Sierra Sportswear, Inc., the co-owner of plaintiff Next Level’s trademark-in-suit as a necessary or indispensable party pursuant to Fed. R. Civ. P. 19. Next Level argued that it adequately protected Sierra’s interest in the suit, but regardless of whether that was true, the action could still “impair or impede” Sierra’s interest, in particular if the trademark were invalidated.…
The Illinois Supreme Court issued three opinions on Thursday, May 23. The ISBA’s panel of leading civil attorneys reviewed the opinions and provided summaries. In LMP Services, Inc. v. City of Chicago, the court ruled that Chicago’s food truck regulations are constitutional. In Roberts v. Board of Trustees of Community College District No. 508, the court dismissed retaliatory discharge and whistleblower claims brought by a former Malcolm X College employee against City Colleges of Chicago. In Doe v. Coe, the court weighed in on the elements of torts of negligent and willful and wanton hiring, retention, and supervision. LMP Services,
The NALP Foundation for Law Career Research and Education and Fringe PD are requesting responses for their Civility within Law Firms – Lawyer Survey. The organizations are asking U.S. and Canada-based attorneys at law firms to participate in the 10-minute, anonymous lawyer civility survey.  This includes staff attorneys, contract / temporary lawyers, part-time / flexible lawyers, etc. The deadline for participation is Thursday, May 30. The NALP Foundation provides practical research and data analysis to improve law career satisfaction and the delivery of legal services. Working with Fringe PD, a neuroscience-based professional development company, the NALP Foundation lawyer civility…
Any time you need photos for any kind of marketing material, but don’t want to spend a fortune on a professional photographer, you probably go online and search for photos that are either in the public domain (and can, therefore, be used for free) or photos with licenses that can be bought for a price that fits your budget. But how can you tell if the entity you’re paying for the rights to the photo really has the license? Getty is the go-to source of high quality, affordable photos for many people. You pay them a small fee for the…
The documentary team behind “Afghan Cycles,” a powerful story about women cyclists in Afghanistan, is looking for short videos from Chicago cyclists about what cycling means to you. The documentary is by Sarah Menzies. They are putting together a video segment in advance of the International Day of the Bicycle on June 3rd. Your video wants to hear about your name and your personal affiliation to cycling.  “Afghan Cycles” is by Sarah Menzies.  The documentary crew is asking you to email any 60 second or less videos to producer Caryn Capotosto at caryncappuccino@gmail.com. Caryn is a Chicago-area…
Because Ald. Proco Moreno’s Audi A6 was stolen, his insurance company was set to pay him more than $30,000 to cover his loss, until the Chicago Police Department said the vehicle had not actually been stolen. Now the 1st Ward alderman has been arrested and charged with insurance fraud, obstruction of justice and filing a false report of stolen vehicle. Moreno has also been charged with disorderly conduct, the Chicago Tribune reported. He faces up to seven years in an Illinois prison if convicted on all the charges. Prosecutors say the alderman loaned his luxury car to a…
The Illinois Supreme Court Commission on Professionalism is pleased to announce that Professionalism Counsel Mark C. Palmer has been elected to the Illinois State Bar Association’s (ISBA) Board of Governors. Palmer will serve a 3-year term as lead representative for the 5th, 6th and 11th Judicial Circuits beginning on June 13, 2019, the opening of the ISBA Annual Meeting. The 27-member ISBA Board of Governors oversees the operations and management of the ISBA, subject to policies set by the 203-member Assembly. Voting in the election was open to ISBA members. “Mark has dedicated his career to improving the administration…
The Illinois Supreme Court on May 23 announced amendments to Rules 767 and 773, which are effective July 1. Amendments to both rules pertain to costs associated with attorney reinstatement following disbarment or suspension. Amended Rule 767 now requires a petition of reinstatement to be accompanied by a $1,500 deposit to be applied against costs. Amended Rule 773 in part raises the maximum amount of costs the court may order an attorney to pay for disciplinary matters and proceedings.…
A little something for everybody. That’s our take on the theme of the new Illinois Cannabis Regulation and Tax Act. In Part 1 of our series we discussed the new Illinois recreational marijuana statute’s regulation of personal use, home growing cannabis, and possession.That was a boon for the public (and, quite frankly, the whole reason for the statute – authorization of recreational cannabis). In Part 2, we’re covering the little nugget of joy the statute grants to a certain segment of current cannabis industry players in Illinois – the medical cannabis dispensing organizations that are currently licensed and registered…
One of the most common questions asked by clients is “how much will I be compensated for my pain and suffering?” The answer I, and most lawyers, give is that “it depends.”  It depends on many factors, such as the objective injuries you can prove, liability of the defendant(s), and the hard amounts of your medical treatment bills. But mostly there is no way for us to predict what a jury of one’s peers will do to compensate you for pain and suffering in an injury lawsuit. Pain and Suffering Jury Instructions When you go to trial in Illinois before…
  Thursday, May 23, 2019     We have reported previously on a lawsuit filed against the City of Chicago challenging its food truck ordinance that prohibits food trucks from being located within 200 feet of a “brick and mortar” restaurant. The trial and appellate courts ruled in favor of the City, upholding the ordinance. The case made its way to the Illinois Supreme Court, which issued its ruling this week also upholding Chicago’s food truck ordinance. LMP Services v. City of Chicago, 2019 IL 123123 The City of Chicago adopted its food truck ordinance in 2012. The ordinance imposed a…
  Thursday, May 23, 2019     Williams was convicted of first degree murder in a Winnebago county court in 1998. In 2014, he sent a FOIA request to the Winnebago County jail seeking the following records: (1) all “no-bills” and “true bills” of indictment for May 7th and 14th, 1997; (2) the grand jury’s deliberation and vote for May 14, 1997 in People v. Williams; and (3) the itinerary sheet for all “no bills” and “true bills” for May 7th and 14th, 1997. the States Attorney denied the FOIA request, citing the Illinois Criminal Code of Procedure as prohibiting release…
Sony Corporation v. Andrei Iancu (USPTO as intervenor) Docket No. 2018-1172 (IPR2016-00834) PROST, NEWMAN (D), DYK May 22, 2019 Brief summary: IPR FWD obviousness finding reversed and remanded as disputed means-plus-function limitation is computer-implemented and requires an algorithm and Board did not determine whether prior art disclosed the algorithm. Summary: Sony appealed USPTO (“Board”) IPR final decision finding claims 5 and 8 of (expired) US 6,097,676 “directed to ‘an information recording medium’ (e.g., a compact disk…)…and ‘a reproducing device’ that can select which channel to play based on a default code or value stored in nonvolatile memory” unpatentable as obvious…
According to study recently released by the National Coalition for Safer Roads Memorial Day weekend is the most dangerous holiday for road and highway accidents. In fact, the National Safety Council (NSC) found that over the last decade, the Memorial Day holiday weekend has averaged an 11.5 percent increase in traffic fatalities compared to similar non-holiday periods.  Memorial Day Weekend Driving Safety Tips: Allow extra travel time. “Better late than never”. It is more important to arrive at your destination safely, than to arrive at your desired time. Don’t push traffic lights and speed to make it to your destination early. Get…
[embedded content] May 22, 2019 – Cannabis Legalization News Listen to the Potcast, or watch it above. VeedVerks Sponsors NASCAR Travis Lippert fromm VeedVerks visited the Cannabis Legalization News channel to discuss his company’s sponsorship of NASCAR racer Carl Long – which marked his comeback to racing after being on the sidelines since 2009 from a record fine levied on his crew. Carl Long had to remove the VeedVerks logo on his hood before racing. This came despite VeedVerks only offering CBD from 100% legal industrial hemp.  The removal of the VeedVerks sticker on the hood came in 2017, which…