Tressler LLP

Tressler LLP is a national law firm headquartered in Chicago, with eight offices located in five states - California, Illinois, New Jersey, New York and Pennsylvania. Tressler is comprised primarily of attorneys who devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, defense, claims management and reinsurance.

Tressler attorneys also represent clients in commercial litigation, employment, corporate transactions and intellectual property law. Tressler has one of the most experienced and multi-faceted government law practices in Illinois.

While data collectors had no time to prepare for employees to start working from home in early 2020, there is time to prepare for the shift back to the office. Without a doubt, many data collectors are struggling with the cybersecurity risks created by employees shifting from the office to their homes in 2020. Interestingly, despite having no time to prepare for the shift home in early 2020, we have not heard much news about breaches or other incidents.  Nevertheless, data collectors can be certain that cybersecurity issues created by employees using sensitive data while working remotely are out there. These…
Managing a property or community association is complicated. There are so many rules and regulations that you need to be aware of and it’s hard to keep track of them all. Fair housing laws are diverse like the populations they aim to protect. We often assist property managers, realtors, landlords and community associations (condo, HOA and townhomes) on this topic and here’s what we think you should know: 1. The Fair Housing Act This landmark legislation was signed into federal law in 1968 and makes discrimination illegal in the sale, lease or rental of housing or making housing otherwise unavailable…
On September 18, 2020, the Illinois Court of Appeals, First District, took another shot at reconciling some of the inconsistencies in the application of Illinois’ Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq. (West 2018)) to the workplace. The interlocutory appeal in McDonald v. Symphony Bronzeville Park LLC, 2020 IL App (1st) 192398 (Sept.18, 2020), put a single issue before the First District: “Do[] the exclusivity provisions of the Workers’ Compensation Act bar a claim for statutory damages under [BIPA] where an employer is alleged to have violated an employee’s statutory privacy rights under [BIPA]?”  However, the First…
Thus far in 2020, there have been several reported insurance coverage cases addressing “abuse” exclusions. Dorchester Mutual Ins. Co. v. Krusell, 150 N.E.3d 731 (Mass. 2020); Atain Specialty Ins. Co. v. Armory Studios, LLC, — Fed.Appx. —- (9th Cir. Aug. 13, 2020) (California law); National Liability & Fire Ins. Co. v. Brimar Transit, Inc., 433 F. Supp. 3d 747 (W.D. Pa. 2020); Allied World Surplus Lines Ins. Co. v. Day Surgery LLC, 2020 WL 1545881, — F. Supp. 3d —- (S.D. W. Va. May 31, 2020). Exclusions for physical or sexual abuse or…
Election season is rapidly approaching. Candidates for the April 2021 election can start circulating nominating petitions on September 22, 2020.  Candidates should carefully check compliance with the rules and deadlines: Monday, December 14, 2020. The first day for candidates to file their nominating petitions, statement of candidacy and receipt of filing of Statement of Economic Interests. Monday, December 21, 2020. Last day for candidates to file. Names are placed on the ballot in the order in which the nominating papers are received.  However, for those who file within the first hour and last hour of the filing period, a lottery is held…
The U.S. Court of Appeals for the Seventh Circuit ruled in Scottsdale Insurance Company v. Columbia Insurance Group, Inc., No. 19-3315 (7th Cir. Aug. 26 2020) (Illinois law), that the United States District Court for the Northern District of Illinois did not err in ruling that Scottsdale Insurance, as the liability insurer of a building owner, could shift the obligation to defend its insured from a personal injury lawsuit brought by an injured construction worker to the employer’s insurer. While performing HVAC work at a construction site in Chicago, Eduardo Guzman fell approximately 22 feet through an unguarded…
Click here to download our new 50-State Survey: Application of Pollution Exclusion in First-Party Property Insurance Policies. Disclaimer: This survey is for general information only and is not intended to provide and should not be relied upon exclusively for legal advice in any particular circumstance or fact situation. Past cases and decisions do not guarantee future results. The information contained in this survey may or may not reflect the most current legal standards or developments. © 2020 About the Author Michael DiSantisPartner at Tressler LLPPittsburgh Office Michael s a partner in the Insurance and Litigation practices. He focuses…
The COVID-19 pandemic has had a devastating effect on our State. The ramifications of the pandemic has no doubt extended far and affected many.  Illinois Governor Pritzker has passed two Executive Orders that essentially stay all eviction proceedings. Specifically, Executive Order 2020-10 halted the enforcement of residential evictions. Under this Executive Order, landlords were unable to enforce orders of possession after March 20, 2020. Subsequently, Executive Order 2020-30 was signed on April 23, 2020. This Executive Order extended further and prohibited the commencement of eviction actions. Currently, there is no guidance from the Governor as to the application of the orders…
Consolidated Election First Tuesday in April April 6, 2021 As the April 2021 election fast approaches, many clerks and local election officials will be responsible for accepting nomination petitions. Generally, a receipt upon the filing of a petition is provided but are they aware that they are also required to provide a “Notice of Obligation”? The official with whom nomination papers are filed must provide to each candidate at the time they file nomination papers a Notice of Obligation to comply with the Illinois Campaign Financing Act. The notice will state that the manual of instructions and forms for statements required…
It is difficult to believe the Illinois Biometric Information Protection Act, 740 ILCS 14, (“BIPA”) has been in effect for more than 10 years since October 3, 2008. Many data collectors are surprised BIPA has been in effect for all these years. Issues related to biometric data have only recently grown into a major concern as the equipment that collects biometric data has evolved to the point that it can be found in a number of Illinois workplaces and businesses. To this point, the central issue in most of the BIPA cases involved allegations that data collectors collected and stored…
The Attorney General’s Office has issued a new binding opinion (PAC Opinion 20-006) on a FOIA request which sought to obtain records from the Illinois Department of Corrections (IDOC) regarding data on head injuries incurred by inmates in IDOC custody as well as the policies for evaluating head injuries of IDOC inmates and IDOC employees. IDOC responded to the FOIA request denying it possessed or maintained any of the requested data or policies and indicated that it outsourced such matters to Wexford Health Sources and denied the request. The requester then appealed IDOC’s denial with the PAC. Upon review the…
The Attorney General’s Office has issued a new binding opinion (PAC Opinion 20-006) on a FOIA request which sought to obtain records from the Illinois Department of Corrections (IDOC) regarding data on head injuries incurred by inmates in IDOC custody as well as the policies for evaluating head injuries of IDOC inmates and IDOC employees. IDOC responded to the FOIA request denying it possessed or maintained any of the requested data or policies and indicated that it outsourced such matters to Wexford Health Sources and denied the request. The requester then appealed IDOC’s denial with the PAC. Upon review the…
A recent Illinois First District Appellate Court decision, Better Government Association v. The City of Chicago Office of Mayor and the City of Chicago Department of Public Health, 2020 IL App. (1st) 190038 (August 5, 2020), addresses whether communications on a public official’s personal device are considered public records for the purposes of FOIA. In Better Government Association v. The City of Chicago Office of Mayor and the City of Chicago Department of Public Health, the Appellate Court found that communications on a public official’s personal device could be public records for the purposes of FOIA and subject to disclosure…
The Centers for Disease Control (CDC) recently updated its guidelines for best practices on home isolation. The following isolation recommendations apply to individuals who have a) tested positive for COVID-19, b) have symptoms of COVID-19 or c) were exposed to COVID-19. These new guidelines are more closely related to the symptoms exhibited by the individuals, as follows: Persons without symptoms of COVID-19 can end their isolation after 10 days from the date of a positive COVID-19 test. Persons who were exposed to the virus, but were never tested and have no symptoms, should likewise quarantine for 10 days. Persons who have…
If you are like me, you look forward to sunshine and warmer temperatures.  The summer season is upon us and is always a bright spot given our winters in Chicagoland. The summer season is notably different this year given disruption from the COVID-19 pandemic, but I am hopeful that the most extreme “stay at home” orders will soon be behind us. One thing is for sure, once swimming pools can reopen, they will be in high demand. Pools are a huge perk, but if they are not properly maintained they can also be a huge pain for community associations and management. Board of…
Governor Pritzker has signed into law Public Act 101-504, amending the Illinois Pension Code (40 ILCS 5/7-135.5). It requires IMRF to post certain information regarding contributions made by local taxing bodies. Further, the Act requires that by January 1, 2021, all Illinois municipalities, as well as all other local taxing bodies that participate in IMRF, must post on their websites a link to the IMRF’s new information page.  The IMRF information page is entitled “Employer Cost and Participation Information,” and can be found at https://www.imrf.org/en/about-imrf/transparency/employer-cost-and-participation-information. The Act does not require a municipality or district to create or maintain…