Here’s the link to our previous piece about this suit over that Scotch Trooper affiliated whisky and the Scotch Whisky Association’s attempt to make a mountain out of a molehill based on the use of the designation “Virginia-Highland” and the use of the Scotch Trooper logo on a bottle which, as it happens, includes the work “Scotch.” The CEO of the Virginia Distillery Co., posted this statement on the company’s website back when the lawsuit got going noting that they “stand behind” their product and its labeling. The Scotch Whisky Association has voluntarily dismissed the case. and the AP…
We all know that out-of-state residential placements are a big deal in special education, because we work in schools every day and support these challenging decisions made by school personnel. Now, the issue is garnering attention outside of the schoolhouse. A recent article by NPR Illinois highlighted the significant numbers of such placements, the potential causes of the placements, and the costs to schools and the government. NPR called on Franczek education partner Jennifer Smith to provide insight on this issue of importance to all members of the special education community, including schools. The article states: Jennifer Smith, an attorney…
By Vivek Jayaramvivek@jayaramlaw.com A few weeks ago I was scrolling through my Instagram feed when I came across a post by Virgil Abloh, creative director for Louis Vuitton.   Virgil is a force, and his posts – like his work – are attractive, thought-provoking, and effective.  But this one caught my eye for a different reason.  This post contains images of Michael Jordan, which of course includes intellectual property belonging to the NBA and the Chicago Bulls IP, not to mention Air Jordan’s likeness and image.  To make matters a bit more complex, the post also promotes Virgil’s appearance at…
By Wendy Heilbutwendy@jayaramlaw.com The foremost authority on gender studies in the US, the Stanford Clayman Institute of Gender Research recently found that the average mother makes between 5% and 10% less than she would have if she hadn’t had children and that every child she delivers or adopts decreases her income by 4%.  Compare that to similar research that found that a man’s income increases by 6% for every child he has.  It is called the “Motherhood Penalty.”  But . . . WHY?  WHY?  WHY? While there are many hypotheses, the prevalent thinking is that when a man becomes…
In Penn National Mutual Casualty Insurance Company v. Beach Mart, Inc., — F.3d —-, 2019 WL 3483167  (4th Circ. Aug. 1, 2019) (North Carolina law), the Fourth Circuit Court of Appeals reversed and remanded a decision of the United States District Court for the Eastern District of North Carolina which found that an insurer’s exclusion precluding coverage for injuries arising out of oral or written publication of material whose first publication took place before the beginning of the policy period abrogated that insurer’s duty to defend its insured in a dispute with a competitor purveyor of beach merchandise.…
By James Griffithjames@jayaramlaw.com One afternoon this past spring, I received a call out of the blue from my long-time friend Heidi Yernberg Echols.  Heidi and I had met during the first week of law school at the University of Chicago, and we became quick friends.  Over time, our families became very close, with our kids developing relationships of their own.  Professionally, I recruited Heidi when we were young, second-year lawyers to join me at McDermott, Will & Emery where we both developed successful practices in our respective areas and eventually became partners together.  My practice area centered on intellectual…
Recently, five Chicago area teens were charged with vicarious liability for murder. Not a single one of the teens did anything to cause the death of their friend—he was shot by someone else. So then, why are they charged with murder? Felony Murder Rule When I was in law school, I took a variety of classes.  Part of that was because first year law students had to take Criminal Law and Procedure. Then, I really didn’t know I’d wind up as a personal injury and workers’ compensation lawyer, so it seemed like an interesting class.  At least most classes seemed…
Kane County Sheriff Ron Hain has instituted a series of new inmate programs. Episode 667 (Duration 34:37) The Kane County Jail’s new Diversion Program is making every effort to leave detainees better off than when they came into the jail. Subscribe: Apple Podcasts | Google PodcastsSpotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD In This Episode… “‘Go and get that bad guy’ is actually a bad way to look at our community.” — Sheriff Ron Hain Sheriff Ron Hain Ron Hain was elected Sheriff of Kane County in 2018.…
The Illinois Equal Pay Act of 2003 (EPA) already prohibits employers from paying unequal wages to men and women for doing the same or substantially similar work. (820 ILCS 112/1 et seq.) It also prohibits employers from paying African American employees less than other employees under the same circumstances. On September 29, 2019, Illinois will join a short list of progressive states when a recent amendment to the EPA goes into effect to prohibit employers from asking job applicants about their salary history. (Public Act 101-0177.) Broad Prohibitions In The New EPA It will prohibit all Illinois employers from: Using…
Synopsis: Petitioner’s/Plaintiff Counsel in an IL WC Claim I Am Adjusting Wants My File—Do I Have To Give It To Them? Editor’s comment: We had a great client who is a claims adjuster receive an opening “hello” email from the other side’s attorney. The attorney nicely asked for all sorts of stuff in the file, including incident/accident reports, witness statements and wage documents. The adjuster inquired as to whether to respond and provide all that documentation.   My response was simple—you can produce/share whatever you want. You don’t have to because there is limited “discovery” in IL workers comp. I…
There are almost countless ways that drafting a last will and testament can benefit you and your loved ones. With that in mind, it may surprise you to learn that only about 40 percent of Americans currently have a will or other estate planning document in place. There are many reasons that people choose not to create a will. Some may not understand exactly what the purpose of a will is. Others may inaccurately assume that only wealthy people need a will. Perhaps the biggest reason that people procrastinate estate planning is because it deals with what happens if they…
Third Circuit Holds that Inclusion of “Quick Response” Codes on Envelope Violates the Fair Debt Collection Practices Act In a precedential opinion, DiNaples v. MRS BPO, LLC, the Third Circuit held that adding an unencrypted “quick response” or “QR” code to an envelope containing a debt collection letter violates 15 U.S.C. § 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”).i That section limits what collection agencies can include on envelopes, prohibiting “language or symbols” other than the debt collector’s address.   The DiNaples panel extended the Third Circuit’s 2014 decision in Douglass v. Convergent Outsourcing, which held that a…
The appellant in People v. Parker, 2019 IL App (5th) 150192 appealed the decision of the Circuit Court of Washington County denying his motion for leave to file successive post-conviction petition. Leonard Parker was charged with four counts of first degree murder based on a theory of accountability related to the stabbing of a victim by a co-defendant, during the course of a robbery and residential burglary in September of 2000. Parker was 16 years old at the time of arrest. Id. at ¶ 2. Shortly thereafter, Parker entered into a negotiated plea agreement in which he pled guilty…
Question:  Our firm is a twenty-attorney litigation firm in Miami, Florida. We are managed by a three-member management committee supported by a firm administrator. While our committee and our firm administrator are entrusted to make many of the operational decisions, all partners must weigh in on and vote on all major decisions as outlined in the firm’s management plan. Currently we do not have a strategic plan and our firm administrator has suggested that we can accomplish this in a one-day, offsite retreat with all the partners. Is this realistic? Response:  This is a little bit aggressive and optimistic. The…
Aug 20, 2019 | Blog | The Hartford is a massive insurance company. Founded more than 200 years ago, it is the second-largest provider of group life and disability insurance in the United States. The insurance company expanded significantly in 2017, when it acquired Aetna’s disability insurance business. In 2018, The Hartford made $19 billion in profits. At Bryant Legal Group, we help disabled people navigate their short and long-term disability claims with The Hartford. Over the decades, we’ve learned a lot about the company’s tactics. Keep reading to learn four essential things that every Hartford claimant needs to…
New York Employers – New Pay Equity Laws and Hair Bias Ban May Require You to Update Your Policies The New York State Legislature and Governor Cuomo have been busy in 2019 enacting laws that will have a lasting impact on employers and workers in the Empire State for years to come. Among these are bans on inquiring about salary history, and discriminating against individuals on the basis of their natural hairstyle. Employers should understand the implications of these laws, and if necessary, amend their policies and practices accordingly. Salary History Ban and Pay Equity Law Governor Cuomo made headlines…