Thanks to Tony Ramos, Founder/President of Integra Security Alliance for speaking at my employment relations class at Loyola University Quinlan School of Business class this past Tuesday 10/19/21! Tony’s PowerPoint for the class was so good that I’ve published it to my website.
The post Security & Privacy in the Age of AI & Biometrics first appeared on Charles A. Krugel.
Continue Reading Security & Privacy in the Age of AI & Biometrics

In Re:  Surigisil, LLP et al.

Docket No. 2020-1940 (https://cafc.uscourts.gov/opinions-orders/20-1940.OPINION.10-4-2021_1843781.pdf)

MOORE, NEWMAN, O’MALLEY

October 4, 2021

Brief Summary:  Board decision finding design patent claim anticipated by art tool prior art reversed (e.g., “the claim is limited to lip implants and does not cover other articles of manufacture”). Summary:  Surgisil appealed USPTO Board decision affirming an examiner’s rejection of its design patent application (29/491,550) to a lip implant as anticipated by a Blick art tool “‘made of “tightly spiral-wound, soft gray paper’ and is used ‘for smoothing and blending large areas of pastel or charcoal.’”  Surgisil’s “claim language recites
Continue Reading Board design patent anticipation decision reversed as prior art is to an art tool while design patent claim is “limited to lip implants”

Insurance companies are known for the ways in which they do business. They are all about themselves and their own bottom line, making life as difficult for you as they possibly can.
An insurance company has an entire toolbox of tricks that they use to make your life difficult. However, you have legal rights too.
When insurance companies act in bad faith in the claims process for personal injury cases, you can hold them legally responsible.
Continue reading ›
Continue Reading What is a Bad Faith Insurance Claim?

Grandmothers and grandfathers play an important part in a child’s life. However, some grandparents go above and beyond the typical grandparent role. They take on the responsibilities usually expected of a child’s mother and father. Sometimes, grandparents step in because the child’s parents have passed away. Other times, grandparents are forced to assume parenting responsibilities because the child’s parents suffer from addiction or mental illness. Whatever the reason, grandparents in this situation may be interested in formally adopting their grandchild. Grandparent adoption is the legal process through which a grandparent becomes a child’s legal guardian. Depending on the circumstances, adopting
Continue Reading How to Adopt Your Grandchild in Illinois

Under Illinois criminal law, when a person is charged with a serious crime, it is up to the prosecutor to take the legal steps to charge the accused with a felony crime. There are cases where a prosecutor will decide not to pursue felony charges, and the charges the police arrested the accused on are dropped, even if the police disagree with the prosecutor’s decision. However, a group of Illinois lawmakers are seeking to change all that and have recently filed legislation that would allow police chiefs to override the prosecutor’s decision.
Felony Process
Under the current law, there
Continue Reading Illinois Lawmakers Want to Give More Power to Police in Felony Crimes Process

The Illinois State Board of Dentistry is the agency that oversees licensed dental professionals. If a complaint has been filed against a dental professional with the board of accusations of unnecessary treatment, substandard care, or inappropriate behavior, it is critical to have an experienced Illinois professional license defense attorney defending you against these allegations or you could risk losing your license to practice. In some cases, the patient may have also filed a dental malpractice claim. 
Why Should I Have an Attorney?
Defending against a complaint can be a complicated process, requiring the knowledge and experience of how the process
Continue Reading Is Your Illinois Dental License in Jeopardy?

Washington, DC, October 21, 2021: The American College of Trust and Estate Counsel (ACTEC) Foundation today announced the 2021 winners of the Mary Moers Wenig Student Writing Competition. Five law students’ submissions stood out among 21 entries received and reviewed by a panel of judges appointed by the Legal Education Committee of the College. ACTEC Fellow T. Randolph Harris, who chaired the judging process, said, “This year’s entries were outstanding! It was exciting to read such thought-provoking papers.”
The ACTEC Foundation supports the annual legal writing competition to encourage law students to create scholarly works in the area of trusts and
Continue Reading The ACTEC Foundation Announces Mary Moers Wenig 2021 Student Writing Competition Winners

A divorce trial is a series of witnesses testifying in order to introduce evidence for the finder of fact, a judge, to weigh and make final orders.

What will these witnesses be testifying to in an Illinois divorce trial?

Witnesses can only testify to that which they actually know.

“A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.” Ill. R. Evid. 602

“[T]he testimony of a lay witness must be confined to statements of fact of which the witness has personal knowledge.” People
Continue Reading Witnesses With A Lack Of Personal Knowledge In An Illinois Divorce Hearing Or Trial

A federal District Court recently dismissed the defamation claims filed by embattled attorney Michael Avenatti against Fox News and several of its anchors. In its decision, the District Court found that Avenatti’s claims failed to overcome the high hurdle to sustaining defamation claims against a media defendant. In the Court’s opinion, it ruled that the case fell squarely into the longstanding rule that “news outlets are not liable for minor mistakes, especially when reporting on public figures and matters of public concern.”
Avenatti garnered the national spotlight in early 2018 when he represented the adult film actress, Stormy Daniels, who sought to invalidate a non-disclosure agreement regarding her alleged sexual relationship with Trump. Following the filing of these suits, Avenatti became a vocal critic of former President Trump regularly appearing on cable news to criticize Trump and bring attention to Daniels’ suit against the former president. Avenatti’s public image rapidly eroded in late 2018, when news outlets widely reported that he had been arrested in Los Angeles for suspected domestic violence. Though Avenatti’s bail was set, prosecutors never formally charged him.
One such news outlet that covered his arrest was Fox News. The cable news showed ran multiple segments covering his arrest. Avenatti took umbrage with Fox News’ coverage of him and filed a $250 million defamation lawsuit against the cable news network and several of its anchors claiming that the defendants made several false and defamatory statements concerning his arrest during those news segments. Avenatti alleged that the network falsely reported he was charged with domestic violence, when in reality he was arrested but never charged. In an attempt to establish actual malice, Avenatti claimed that the cable news channel intentionally made this mistake as part of a calculated effort to “eliminate him as an adversary and threat to President Donald J. Trump.”
In granting Fox News’ motion, the Court held that Avenatti’s complaint failed to establish nearly every element of claim of defamation claim against a public figure. The court found that several of the allegedly defamatory statements cited in Avenatti’s complaint could not sustain a defamation claim because they were nonactionable statements of opinion. For instance, Avenatti complained that one of the anchors stated that Avenatti was “familiar with bullsh*t.” The Court found that these statements were incapable of being proven right or wrong, and thus, were constitutionally protected statements of opinion.
The Court found several other allegedly defamatory statements deficient because they constituted “rhetorical hyperbole” another well-accepted category of nonactionable statements. The Court noted that such rhetorical hyperbole that Avenatti complained of is “often used on cable news, particularly when politics is involved.” As an example, the Court cited to one allegedly defamatory statement by Fox News host Laura Ingraham that Avenatti was “an arrest waiting to happen.” Ingraham explained that this statement of opinion was based on the fact that Senate judiciary chairman Chuck Grassley made a criminal referral concerning Avenatti for making allegedly false statements to Congress.
Continue Reading Federal Court Dismisses Michael Avenatti’s Defamation Suit against Fox News

Raise your hand if you’re neck deep in COVID-19 vaccine exemption requests. [Yeah, I get it, you’re neck deep, so you can’t raise your hand.]
My friends, this exemption onslaught will only get more intense as we await OSHA’s Emergency Temporary Standard (ETS) that will require employers with over 100 employees to mandate a COVID-19 vaccination for each of its employees.  President Biden unveiled this imminent requirement a few weeks back in his most recent COVID-19 action plan.
These exemption requests are coming at us in two different ways – as an accommodation requests under the Americans
Continue Reading If an Employee Requests an Exemption from the COVID-19 Vaccine, Can an Employer Lawfully Place the Employee on a Leave of Absence?

It’s hard to believe that we celebrated the Commission on Professionalism’s 16th anniversary last month.
The Illinois Supreme Court established the Commission in 2005 to promote professionalism among the lawyers and judges of Illinois, and, in turn, to foster equitable, efficient, and effective resolution of problems for the people of the state.
The Court formed the Commission at the same time as it established the MCLE Board to administer mandatory CLE in Illinois.
I joined the Commission as deputy director in 2006 and was appointed executive director in 2009. Since then – thanks to the work of our dedicated Commissioners
Continue Reading 16 Lessons in Professionalism From 16 Years

Walking across the street in Chicago should not be an adventure, but, nevertheless, it often turns out to be just that.
As I’ve written about previously, the main reason it’s so dangerous to cross the street is that drivers are not paying attention to the road or those on it.  Most typically, the danger comes from vehicles that are turning.  As I have addressed numerous times, it is often vehicles turning left who fail to look through their turn who inflict the most harm.
Chef versus Truck—Truck Wins
My client L is a rising 31-year-old chef.  As is typical of
Continue Reading Pedestrian Fare

Financial conflict is one of the most common reasons for divorce in Illinois. Whether one spouse is a spendthrift, is chronically unemployed, or the stress of managing a household’s finances is simply too great, couples frequently get divorced because of money issues. 
Sometimes a couple’s financial problems are so great that they find themselves considering bankruptcy at the same time that they are ending their marriage. In Illinois, the law allows spouses to get divorced and file for bankruptcy simultaneously, but doing so is not necessarily a good idea. In this blog post, we will examine common strategies for combining
Continue Reading Should We Declare Bankruptcy During Our Illinois Divorce?

More residents of Illinois and the rest of the United States are choosing SUVs over traditional sedans. Yet, these large, heavy vehicles often do significant damage when they strike pedestrians. Some automakers have begun to modify the body styles of their SUVs to cut back on pedestrian fatalities. However, so far, these changes have not had a significant impact on pedestrian fatality rates.
According to J.D. Power, in 2009, SUVs only accounted for about a fifth of all vehicles out on the roads. Yet, by 2019, 70% of all new vehicles sold across the United States were either SUVs or
Continue Reading Research shows SUVs are more of a danger to pedestrians than cars

About 70 percent of U.S. women change their last name to their spouse’s last name when they get married. Some men also decide to change their last name to their spouse’s last name upon marriage. For many, this tradition is an important sign of love and commitment. When a marriage ends, however, the name may no longer reflect the current reality. Many divorcing spouses wish to change their name back to what it was before they were married but they have questions about how the process works.    
Do I Have to Change My Name When I Get Divorced?
Not everyone
Continue Reading What Are The Options For Changing Your Name After A Divorce In Illinois?

Thursday, October 21, 2021

Off Topic: Water Law Symposium: West Texas Water

At the request of my colleague and friend, Prof. Amy Hardberger , the George W. McCleskey Professor of Water Law and  Director of the Center for Water Law and Policy at the Texas Tech University School of Law, below is information about a seminar entitled West Texas Water:
The Texas Tech Law Review is proud to host the first West Texas Water Law Symposium on November 5th in conjunction with the Center for Water Law and Policy. The symposia will be offered for CLE credit. Register
Continue Reading Off Topic: Water Law Symposium: West Texas Water