By Palak V. Patelpalak@jayaramlaw.com Cloud Gate, colloquially known as the Bean, is one of the most prominent symbols of Chicago. The artist, Anish Kapoor, has gained widespread recognition for designing the iconic Millennium Park sculpture.  However, in art circles, Kapoor is known as a divisive figure due to his monopoly on the “blackest black” color. Kapoor is the sole artist that has access to Vantablack acrylic paint. Vantablack is so dark that it absorbs 99.96% of light. Kapoor uses this nearly pure black paint to create the illusion of a void. Artists have been outraged and confused as to…
Maryland recently joined the growing number of states to enact laws that restrict the use of noncompete agreements for low wage employees with the passage of Senate Bill 328. A noncompete agreement is a contract executed between an employee and employer that typically states the employee is prohibited from working for a direct or indirect competitor of the company for a certain period of time, or within a certain geographic area, after the termination of employment. On May 28, 2019, the Noncompete and Conflict of Interest Clauses Act went became law and it will go into effect on October…
Dr. Falk Pharma GmbH v. Generico, LLC et al., Salix Pharm. v. Mylan Pharm. Docket 2017-2312 (IPR2016-00297, -01386, -01409); 2017-2636, 2018-1320 LOURIE, LINN, WALLACH June 12, 2019 Non-precedential Brief summary: Board’s IPR obviousness determination affirmed and Salix’s appeal of DC holding of non-infringement dismissed as moot. Summary: Dr. Falk and exclusive licensee Salix appealed Board IPR obviousness decision and DC holding of non-infringement of US 8,865,688 directed to “[a] method for maintaining the remission of ulcerative colitis” using a “granulated mesalamine formulation”, administered without food or antacids, where “remission is defined as a” Sutherland Disease Activity Index1 (DAI) “score of…
Quan v. Ty, Inc., No. 17 C 5683, Slip Op. (N.D. Ill. Mar. 20, 2019) (Kennelly, J.). Judge Kennelly denied defendant Ty’s Fed. R. Civ. P. 56 motion for summary judgment as to equitable estoppel and abandonment regarding plaintiffs’ patent and copyright infringement claims regarding a plush seal that Ty marketed as “Wiggy.” Of particular note, the Court held as follows: The fact that Ty eventually learned of plaintiffs’ copyrights, at least when the Chinese government seized a shipment of Ty’s goods, does not mean that Ty knew about the alleged rights at the time of manufacture. The Court held…
  I know it has been awhile since I did a blog entry, but I have a really good excuse. The last day of May was my daughter’s last day of her freshman year in high school. Then, the following week dealt with chasing her around and also going to Portland Maine for the ABA Law Practice convention. Beautiful country up there. Then, when I came back, I had to make sure that my daughter had everything she needed and was all packed to go off to overnight camp for four weeks in the Georgia mountains. It is her second…
CMS Will Publicly Post All Names of Most Concerning Care Facilities The Centers for Medicare & Medicaid Services (CMS) is reacting to the highly publicized release of U.S. Senators Bob Casey’s (D-PA) and Pat Toomey’s (R-PA) report titled, Families’ and Residents’ Rights to Know: Uncovering Poor Care in America’s Nursing Homes, by announcing it will soon disclose all of the names of care facility candidates in the agency’s Special Focus Facility (SFF) program. SFFs have a “persistent record of poor care” and were previously not available for the public to review. Some lawmakers and resident advocates even called the list…
Falls Remain Leading Cause of Injury-Related Deaths for Older Adults and Understaffed Nursing Homes Could Be to Blame Falls are the leading cause of injury-related deaths among persons aged 65 years and older, according to the Centers for Disease Control and Prevention (CDC), and the age-adjusted rate of deaths from falls is increasing as well. Ironically, as many as 75 percent of nursing facility residents are reported falling each year and carry twice the chances of falling compared to a senior who lives in their own home or community. For elderly patients living in care facilities, hazards that contribute to…
Last month, I was fortunate enough to be involved in the Illinois Supreme Court Commission on Professionalism’s (Commission) Future is Now: Legal Services 2.019 conference in Chicago (shameless plug – save the date for April 2020). The conference got me thinking about the nature of conferences, talks, the legal learning space and how they interact with the theories of learning architecture. Attorneys are some of the most adept people when it comes to absorbing and recalling large amounts of detailed information. However, even they have limits of what they can effectively take in, and lengthy lectures can be challenging…
That missive — “Let’s be careful out there!” — from the long-ago television series, Hill Street Blues, was how Sergeant Esterhaus ended every roll call.  The show depicted a fictional, gritty Chicago precinct of police and detectives. Danger was there, every shift. While many of us accept the danger a police officer faces in a high crime area, many of us are oblivious to the danger motorcyclists, bicyclists, and pedestrians face every day on the roads. What You Must Do as an Illinois Driver (This means you!) Illinois requires that you stop for pedestrians at marked crosswalks.  Despite the fact…
In 1987, the federal government passed sweeping legislation aimed at protecting nursing home residents. According to Congressional findings, privately owned nursing homes were providing terribly inadequate care for seniors, often leading to abuse, neglect, and preventable deaths. As a response, Congress passed the Omnibus Budget Reconciliation Act of 1987 (OBRA), which created oversight and a number of protective measures that would ultimately be delegated to the states. Today, states pass along the investigative responsibilities to volunteer ombudsman, many of whom lack training, support, and resources to fully survey abuse and neglect allegations. Sadly, even in 2019, the majority of…
According to Illinois law, a “guardian” is defined as a person, institution, or agency appointed by a court to manage the affairs of another person, who is referred to as their “ward.” When a child turns 18, his or her parents do not have legal guardianship at that point, since the child is now considered an adult. However, a guardian may be appointed on behalf of an adult who is disabled due to a mental illness, physical incapacity, or developmental disability. Illinois is one of the most progressive states when it comes to guardianship laws. The Illinois Probate Act was…
The question of what constitutes “apparent agency” in the context of alleged medical malpractice continues to be analyzed by the Illinois appellate courts. The issue was first addressed by the Illinois Supreme Court in the case of Gilbert v. Sycamore Municipal Hospital. 156 Ill.2d 511 (1993). In Gilbert, the Court set forth a multi-factor test to determine whether a hospital could be held vicariously liable for the alleged acts of its independent contractor physicians. Id. at 525. Specifically, in order to hold a hospital liable under the theory of “apparent agency,” a plaintiff must show that: “(1) The hospital, or…
Workplace accidents happen even when employers and employees act responsibly and take all necessary safety measures. These accidents can cause injuries that range from head trauma to carpal tunnel syndrome to lung disease. Companies in Illinois are required to carry workers’ compensation insurance in the unfortunate event their employees get hurt on the job. If you suffer an injury while performing your occupation, you can file a workers’ compensation claim to receive benefits for medical bills or lost wages. However, it is possible your claim could be denied. If it is denied, you still have options, but they can depend…
by Jim Doppke In this post, we’ll take a look at two orders recently entered by the Supreme Court that affect the ARDC and its operations. One of the orders also affects lawyers who are being or have already been prosecuted, and the other affects lawyers who may be at risk of becoming the subject of an investigation. Amendments to Supreme Court Rules 767 and 773 In its May 23, 2019 order, the Court amended Rules 767 and 773 to increase the amounts that disciplined lawyers are be required to pay in two contexts. Rule 767 pertains to reinstatement…
Getting members to participate in board member elections can be like pulling teeth. The more convenient you make the process, the more likely to get members to participate. Fortunately, the Illinois Condominium Property Act (the “Condo Act”) and the Illinois Common Interest Community Association Act (“CICAA”) allow Boards to adopt rules and regulations to permit electronic voting. Not only is electronic voting convenient, but it can save the association money by not having to pay for printing or postage.  Boards can always adopt dual systems of voting allow for those members who are not tech savvy to continue to vote in person via…
By Vivek Jayaramvivek@jayaramlaw.com It’s an inevitable scenario for most large companies: an employee signs a confidential separation agreement upon being terminated.  The employee — irate — logs onto Glassdoor.com and airs her grievances (and the company’s dirty laundry) anonymously on the company’s Glassdoor page. The C-suite is fuming.  They march into the GC’s office: “didn’t we tell you to make sure the separation agreement prohibited her from saying bad stuff about us?” Hopefully, our GC included a non disparagement or “no negative statements” clause to the agreement.  If she did, then the identity of the poster is likely discoverable.…