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.

Website: https://www.tresslerllp.com
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Join us for this exciting new webinar…
The Final Countdown: Strategies for Illinois Schools to Get SOPPA Compliant Before the Deadline
Presented by Datamation and Tressler LLP
Thursday, March 12, 2020
10:00 AM – 11:00 AM CT
Click Here to Register!
Webinar Description
While data breaches are starting to become an accepted part of life, the public is not willing to accept breaches involving minors’ personal information. In particular, recent breaches at educational publisher Pearson and other vendors have put a priority on keeping student personal information secure. Illinois has taken the lead in privacy law by adopting the Student…
Continue Reading New Webinar on March 12: Strategies for Illinois Schools to Get SOPPA Compliant Before the Deadline

Commercial general liability insurance policies typically afford coverage for “personal injury” or “personal and advertising injury,” which is often defined to include “false imprisonment” and “malicious prosecution.” As a result, when local agencies and their employees are sued arising out of… Continue Reading →
The post Illinois Supreme Court Decides Trigger of Coverage for Malicious Prosecution Coverage Claims appeared first on Commercial General Liability Dispatch.
Continue Reading Illinois Supreme Court Decides Trigger of Coverage for Malicious Prosecution Coverage Claims

On the last day of 2019, the Public Access Counselor (PAC) released its last binding opinion of the year. In PAC Opinion 19-013, the PAC found the City of Bunker Hill in violation of Illinois’s Freedom of Information Act (FOIA) for not providing an audiotape of an apparent gathering of public officials – a meeting of the Committee of the Whole which did not have a quorum but where City business was discussed.

The PAC addressed the issue of whether the City violated FOIA by failing to provide a copy of the requested recording of the City’ s September 11, 2019 meeting…
Continue Reading Does FOIA Require Maintaining Records As Well As Providing Them?

A Kentucky federal judge ruled that Shelter Mutual Insurance Company doesn’t have to pay a $4 million judgment against a daycare center director in a child abuse case, finding that coverage is barred by an exclusion in the director’s homeowners… Continue Reading →
The post Homeowners Insurer Need Not Cover Judgment Against Insured For Abuse Based Upon “Business Activity” Exclusion appeared first on The Property Line.
Continue Reading Homeowners Insurer Need Not Cover Judgment Against Insured For Abuse Based Upon “Business Activity” Exclusion

In Dish Network Corp. v. Ace American Ins. Co., 2019 WL 7047341, — F.Supp.3d —- (S.D.N.Y. 2019), the court evaluated choice of law and a “media exclusion” to an insurance coverage dispute between Dish Network Corporation (“Dish”) and its insurer… Continue Reading →
The post New York Federal Court Applies Media Exclusion appeared first on Commercial General Liability Dispatch.
Continue Reading New York Federal Court Applies Media Exclusion

In Pennsylvania Nat’l Mut. Cas. Ins. Co. v. Jeffers, 2020 WL 502612, — A.3d —- (2020), the Maryland Special Court of Appeals evaluated and applied the continuous trigger and time on the risk allocation rules to a lead poisoning bodily… Continue Reading →
The post Maryland Court Addresses Time On The Risk Allocation For Lead Injury appeared first on Commercial General Liability Dispatch.
Continue Reading Maryland Court Addresses Time On The Risk Allocation For Lead Injury

While there has been a huge increase in class action cases based on alleged violations of the Illinois Biometric Information Act (“BIPA”), it has not gone unnoticed that the vast majority of the recent cases are limited to allegations brought by employees against their employers rather than by customers. That is, the case law is developing into two distinct branches: BIPA customer cases and BIPA employment cases.
The rapid development of BIPA employment cases is surprising to the extent the Illinois Supreme Court’s decision in Rosenbach v. Six Flags, 2019 IL 123186 (Jan 25, 2019) involved a customer of the Six…
Continue Reading The Next Wave Of Biometric Cases: BIPA Customer Lawsuits

Now that the January 1, 2020 compliance deadline for the California Consumer Privacy Act (“CCPA”) has passed and the dust has settled, it may be worth taking a look at how a few other changes in California may impact privacy law. More specifically, in the chaos caused by CCPA compliance, several privacy experts have overlooked California’s steps to regulate the Internet of Things (“IoT”).
THE INTERNET OF THINGS GETS MORE DANGEROUS
While we were all focused on the impeding CCPA deadline, we can be forgiven for missing a recent incident where a Ring security camera was hacked to harass a child…
Continue Reading The Internet Of Things Gets More Dangerous And More Regulated In 2020

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Tressler attorneys are speaking at the IAPD/IPRA Soaring to New Heights Conference. Please click here to register. We look forward to seeing you there!

January 23-25, 2020

Hyatt Regency Chicago

151 E. Wacker Drive

Chicago, Illinois 60601

Conference Website: http://www.ilparksconference.com/

Presentations:

Time’s Up – Managing a Harassment-Free Workplace

Thumbs Up:  The Fundamentals of Illinois’ Biometric Information Protection Act

Coaches and Sexual Assault Claims: What You Need to Do to Protect Your Agency

  • Date: 1/24/20
  • Time:

…
Continue Reading IAPD/IPRA Soaring to New Heights Conference 2020

Establishing a Collection Policy for Condominium and Common-Interest Community Associations

Many condominium and common-interest community associations are faced with a cash-crunch crisis when members fall behind in the payment of their proportionate share of assessments and common expenses.  Associations are businesses, even if not-for-profit, that needs revenue to operate. Thus, it is imperative that Associations remain financially viable by collecting assessments. Assuming the board has confirmed the contents of its governing documents with regard to the payment of assessments and/or common expenses, it is important that each association adopt a collection policy that must be strictly enforced against all members. The board…
Continue Reading Is Your Association Set for a Financially Successful Year?

The Illinois Biometric Information Protection Act (“BIPA”) has had a significant impact on how employers use timekeeping systems to track employees’ hours at work. Timekeeping systems that allow employees to “clock in” and “clock out” using their thumbprints and fingerprints have become more commonplace. Unfortunately, the courts have not kept up with the technology and employers have found little guidance on how to use this new equipment within the confines of BIPA. As a result of this uncertainty in the law, there is a backlog of cases in Illinois courts involving employers’ use of biometric data.
One recent case addresses…
Continue Reading District Court Punts On Threshold Questions In BIPA Workplace Claims

It was a quaint, innocent time before social engineering scams, ransomware or any of the other threats had evolved to hassle both large and small data collectors. In 2014 and 2015, large-scale data breaches at Home Depot, Best Buy and Target roamed the Earth. While all that has changed drastically in the last five years, we still have a few fossils providing insight on a time when huge data breaches caused huge damages to companies with huge insurance policy limits.
Five years, ago, on September 19, 2014, we posted about Target Corporation’s motion to dismiss a lawsuit filed by a number …
Continue Reading Courts Are Still Picking Over The Bones From The 2013 Target Data Breach

This summer, two courts weighed in on two California choice of law principles: the “place of performance” of an insurance policy determines which state’s law governs the interpretation of the policy and a California court will not apply another state’s… Continue Reading →
The post Courts Explain California Choice Of Law Principles In Recent Cases appeared first on Commercial General Liability Dispatch.
Continue Reading Courts Explain California Choice Of Law Principles In Recent Cases

In T-Mobile USA Inc. v. Selective Ins. Co. of Am., No. 96500-5, — P.3d —, 2019 WL 5076647 (Wash. Oct. 10, 2019), the Supreme Court of Washington answered the Ninth Circuit’s certified question regarding whether an insurance company is bound… Continue Reading →
The post WA Supreme Court Held Agent’s Representations in Certificate of Liability Insurance Bound Insurance Company Despite Conflicting Policy Language appeared first on Commercial General Liability Dispatch.
Continue Reading WA Supreme Court Held Agent’s Representations in Certificate of Liability Insurance Bound Insurance Company Despite Conflicting Policy Language

Despite having the potential to impact many data collectors, Illinois’ Biometric Information Protection Act (“BIPA”) has received surprisingly little analysis from state or federal courts. A decision issued on October 17, 2019, by the United States District Court for the Northern District of Illinois may limit the number of BIPA cases reaching the federal courts and, in turn, further, limit the development of law addressing BIPA claims.
In Colon v. Dynacast, LLC, 19-cv-4561 (N.D. Ill. Oct. 17, 2019), the Plaintiff, Colon, filed a motion to remand the matter from the Federal Court back to the Circuit Court of Cook County,…
Continue Reading Federal Court Shreds Illinois’ Biometric Statute Before Remanding Case Back To State Court

Recently, the Chicago Tribune reported on a data breach involving student data stored by Pearson Clinical Assessment that may have involved a number of students at Illinois schools. On September 5, 2019, the parent of a student at Indian Prairie School District 204 in Naperville, Illinois filed a class-action lawsuit against Pearson Clinical Assessment – the education publisher that suffered a massive data breach in November 2018 exposing the personal information of thousands of teachers and students across the country.

As schools increasingly use online services and other technologies to help students learn, the ability to provide adequate protection of…
Continue Reading The Adoption Of SOPPA May Provide A Tough Lesson For Schools That Fail To Comply