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Baker Sterchi Member Josh Davis will co-present at the Association of Insurance and Financial Analysts (AIFA) 49th Annual Conference in Naples, Florida on March 5. Davis’s presentation, titled “Evolution of Auto Insurance Risk – How rideshare/gig-economy is increasing crash rates and changing vehicle user profiles,” delves into the changing risk landscape currently impacting the insurance industry.
Davis, a civil litigation defense attorney, focuses primarily on insurance litigation, including third-party defense, first-party litigation and insurance coverage. He focuses on personal and commercial lines, handling matters related to property, casualty and liability, and routinely represents clients in catastrophic injury and property cases.
Continue Reading Josh Davis to Co-Present on Rideshare and Gig Economy Insights at AIFA Conference

Laura Beasley has been appointed to the steering committee of the DRI Drug & Medical Device Committee, consisting of attorneys defending manufacturers of pharmaceuticals, medical devices, biologics and other health-related products.
Beasley is an experienced trial lawyer in the firm’s Belleville, Illinois office, with a practice focused on civil defense litigation. She currently serves on the Diversity & Inclusion Committee and is a past president of the Illinois Defense Counsel. Additionally, she holds board positions with both the East St. Louis and St. Clair County Bar Associations. Beasley earned her law degree from Southern Illinois University at Carbondale and is
Continue Reading Laura Beasley Appointed to DRI Drug & Medical Device Steering Committee

Inside Mortgage Finance recently referenced insights from a blog post authored by Gregorio Silva, an attorney at Baker Sterchi, in an article titled “USDA Can Be Liable for FCRA Violations, Supreme Court Says.” The article discussed a significant Supreme Court decision regarding the Federal Credit Reporting Act (FCRA).
In U.S. Department of Agriculture Rural Housing Service v. Kirtz, the Court affirmed that federal home loan agencies can face civil penalties for FCRA violations. Silva’s blog post highlighted the potential impact of this unanimous decision, foreseeing increased litigation against these agencies. He also underscored the rigorous FCRA requirements and
Continue Reading Gregorio Silva's FCRA Insights Referenced in Inside Mortgage Finance Article

ABSTRACT: With an increase in recent HHS enforcement and accountability for the healthcare sector, understanding cybersecurity vulnerabilities, cyberattack risks, and data breach of sensitive and confidential information is vital to prevent liability and promote best practices for risk management.

In light of the recent U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) settlements with healthcare organizations pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) last year, it is worth analyzing key potential liability concerns for healthcare clients, specifically as they relate to cyberattacks on sensitive protected health information (PHI).
HHS Resources
Continue Reading Healthcare Entities Beware: Cyberattack vulnerability leads to HIPAA liability risk

ABSTRACT: Artificial Intelligence and Machine Learning are inevitable, and in many ways, beneficial. But lenders are cautioned to implement best practices in order to ensure credit decisions are made fairly and equitably, with or without the use of AI.

AI and Fair Lending Regulations
Last fall, the Consumer Financial Protection Bureau (“CFPB”) cautioned lenders that the use of artificial intelligence (“AI”) does not excuse fair lending regulations. Amid reports of error and potential biases among artificial intelligence systems used to evaluate loan applications, and an uptick in cases in other industries involving the use of AI, a new litigation trend
Continue Reading Lenders Beware of Potential Litigation Stemming from Credit Decisions Based on AI

ABSTRACT: The Eighth Circuit ruled that the NLRB lacked substantial evidence of anti-union animus to support unlawful discharge charges.

The Eighth Circuit Court of Appeal has reversed a decision of the National Labor Relations Board, ruling that the Board’s decision lacked substantial evidence to support an unfair labor practice charge of unlawful termination under the Act. The Court held that the absence of evidence of anti-union animus was fatal to the challenge to an Air Force contractor’s decision to terminate 17 employees. The Court’s decision provides important guidance about the types of permissible inferences the Board may make in the
Continue Reading NLRB Lacked Substantial Evidence to Find Unfair Labor Practice, Eighth Circuit Finds

ABSTRACT: A fresh wave of litigation has recently emerged in Illinois commonly known by the four-letter acronym GIPA—the Genetic Information Privacy Act. In a five-part series of posts, we examine GIPA’s background, key provisions of the Act, the remedies available under GIPA, certain types of GIPA cases being filed, and considerations for companies regarding GIPA litigation.
This week, Baker Sterchi is dedicating this blog to a discussion of the Genetic Information Privacy Act (‘GIPA”). In a five-part series of posts, we examine GIPA’s background, key provisions of the Act, the remedies available under GIPA, certain types of GIPA
Continue Reading From BIPA to GIPA: Another Four-Letter Word in Illinois Class Action Litigation, Part 5

ABSTRACT: A fresh wave of litigation has recently emerged in Illinois commonly known by the four-letter acronym GIPA—the Genetic Information Privacy Act. In a five-part series of posts, we examine GIPA’s background, key provisions of the Act, the remedies available under GIPA, certain types of GIPA cases being filed, and considerations for companies regarding GIPA litigation.

This week, Baker Sterchi is dedicating this blog to a discussion of the Genetic Information Privacy Act (‘GIPA”). In a five-part series of posts, we examine GIPA’s background, key provisions of the Act, the remedies available under GIPA, certain types of
Continue Reading From BIPA to GIPA: Another Four-Letter Word in Illinois Class Action Litigation, Part 4

ABSTRACT: A fresh wave of litigation has recently emerged in Illinois commonly known by the four-letter acronym GIPA—the Genetic Information Privacy Act. In a five-part series of posts, we examine GIPA’s background, key provisions of the Act, the remedies available under GIPA, certain types of GIPA cases being filed, and considerations for companies regarding GIPA litigation.

This week, Baker Sterchi is dedicating this blog to a discussion of the Genetic Information Privacy Act (‘GIPA”). In a five-part series of posts, we examine GIPA’s background, key provisions of the Act, the remedies available under GIPA, certain types of GIPA
Continue Reading From BIPA to GIPA: Another Four-Letter Word in Illinois Class Action Litigation, Part 3

ABSTRACT: A fresh wave of litigation has recently emerged in Illinois commonly known by the four-letter acronym GIPA—the Genetic Information Privacy Act. In a five-part series of posts, we examine GIPA’s background, key provisions of the Act, the remedies available under GIPA, certain types of GIPA cases being filed, and considerations for companies regarding GIPA litigation.

This week, Baker Sterchi is dedicating this blog to a discussion of the Genetic Information Privacy Act (‘GIPA”). In a five-part series of posts, we examine GIPA’s background, key provisions of the Act, the remedies available under GIPA, certain types of GIPA cases
Continue Reading From BIPA to GIPA: Another Four-Letter Word in Illinois Class Action Litigation, Part 2

ABSTRACT: A fresh wave of litigation has recently emerged in Illinois commonly known by the four-letter acronym GIPA—the Genetic Information Privacy Act. In a five-part series of posts, we examine GIPA’s background, key provisions of the Act, the remedies available under GIPA, certain types of GIPA cases being filed, and considerations for companies regarding GIPA litigation.

This week, Baker Sterchi is dedicating this blog to a discussion of the Genetic Information Privacy Act (‘GIPA”). In a five-part series of posts, we examine GIPA’s background, key provisions of the Act, the remedies available under GIPA, certain types of GIPA cases being
Continue Reading From BIPA to GIPA: Another Four-Letter Word in Illinois Class Action Litigation, Part 1

ABSTRACT: In a declaratory judgment action filed by two CGL carriers, the Illinois Court of Appeals was presented with the issue of whether the insurers owed a duty to defend against claimed violations of the Biometric Information Privacy Act (“BIPA”).

According to the complaint, the insured “collected, stored, used, or disseminated” the fingerprints of an employee without his consent and without any policies in place regarding the retention and deletion of his fingerprints from the database. In addition, the complaint alleged that the insured failed to inform the insured how his biometric information would be used, and that it failed
Continue Reading No Coverage for BIPA Claims Due to "Violation of Statute" Exclusion

ABSTRACT: The Missouri Supreme Court has explained the boundaries of the “Known Third Person” exception to the general rule that businesses have no duty to protect invitees from the criminal acts of third persons.

The Missouri Supreme Court, in Harner v. Mercy Hospital Joplin, has clarified the evidence necessary to establish the “Known Third Person” exception to the general rule in Missouri that businesses have no duty to protect invitees from the criminal acts of third persons. Mercy appealed a trial court judgment after a verdict was entered for Steven Harner on his negligence claim alleging Mercy breached its
Continue Reading Missouri Supreme Court Reverses Trial Court, Finding Plaintiff Failed to Present Submissible Negligence Claim Under the "Known Third Person" Exception to the Third-Party Criminal Act Rule.

ABSTRACT: The NLRB’s Stericycle decision was the subject of hundreds of articles and employment law blogs when issued in August 2023, due to its adoption of a new employee-friendly standard for challenging workplace rules as unlawful under the NLRA. Employers were plainly fearful of what was to come. Since then, however, things have seemingly been relatively quiet on the topic. But the Board has remanded for further consideration some pending cases in which Administrative Law Judges reviewed workplace rules under the previous Boeing standard. Join us for a quick status update, as we examine a few recent decisions issued by
Continue Reading Fairly quiet so far after new standard is adopted for challenging workplace rules under the NLRA. But stay tuned…..

ABSTRACT: Major labor union challenges new NLRB joint employer rule as being too weak.

In November 2023, our blog addressed the NLRB’s proposed final rule that would expand the definition of “joint employer” within the meaning of the Act. Under the new rule, any party with the right to exercise indirect control over an essential term and condition of employment would be a joint employer, creating both an obligation to bargain and potential liability for unfair labor practices concerning the term. Predictably, employer groups considered this onerous and over-reaching and acted quickly to challenge the Rule, with the leading case
Continue Reading NLRB in the Crosshairs of an Unexpected Foe: Big Labor

ABSTRACT: The public comment period has closed on a proposed rule from the Consumer Financial Protection Bureau that would treat Big Tech firms and other nonbank payment operators more like banks regarding the CFPB’s supervisory authority.

On January 8, 2024 the public comment period for a proposed rule published by the Consumer Financial Protection Bureau on November 7, 2023 closed. The proposed rule seeks to extend CFPB supervisory jurisdiction to “larger participants” of the Fintech industry; specifically, the CFPB proposes greater regulatory authority of the big players in the digital wallet and peer-to-peer money transfer space. It is estimated that
Continue Reading The Financial Services Community and Tech Industry Waits to See if 2024 Brings CFPB Scrutiny to $1.7 Trillion Worth of Digital Payments