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Baker Sterchi attorneys Briana Cowell (Kansas City) and Michelle Meloche (St. Louis) have been accepted into the 2024 Federation of Defense & Corporate Counsel (FDCC) National Ladder Down Program. They were selected for their unique talents, strengths and dedication to personal and professional growth.
With only 24 spots available, the Ladder Down program offers a year-long opportunity for career advancement. This comprehensive program utilizes a blend of coaching, sponsors and collaboration among participants to empower women lawyers in three key areas: leadership, business development and mentoring. The FDCC is a prestigious organization comprised of leading defense and corporate counsel worldwide,
Continue Reading Two Baker Sterchi Attorneys Accepted into Prestigious FDCC Ladder Down Program

Baker Sterchi Cowden & Rice is featured in the March 2024 newsletter for Garfield Elementary School. The section, titled “Community Partners make a difference!” highlights the firm’s long-standing partnership with the school and efforts in the community.
The firm’s partnership with Garfield Elementary began with the 2013-2014 school year. Over the course of the partnership, Baker Sterchi attorneys and staff have made donations of school supplies, winter coats and accessories, books, and more. Additionally, firm attorneys and staff have volunteered in weekly reading programs with students.
Garfield Elementary, located in Kansas City, Missouri, serves a diverse student body of approximately
Continue Reading Baker Sterchi Featured in Garfield Elementary School's March 2024 Newsletter

ABSTRACT: St. Clair County, Illinois held the first of many Enfamil trials which lasted 4 weeks and resulted in a $60 million verdict.

In a landmark case tried in St. Clair County, Illinois, Watson v. Mead Johnson, 21 L 1032 (“Enfamil trial”), a $60 million verdict may very well force hospitals to recalibrate their policies on what to feed very low birth weight (VLBW) preemies under 34 weeks. Ms. Watson filed her case on October 28, 2021, after her premature son died of necrotizing enterocolitis (NEC) which she claims he got after he was placed on cow’s formula instead of
Continue Reading Landmark $60 million Enfamil verdict out of St. Clair County Illinois

ABSTRACT: Missouri Supreme Court establishes elements of claim for aiding and abetting discrimination under the MHRA, and also finds that employees may state a claim for hostile work environment, even if they did not directly witness the discriminatory conduct, because they too may feel the impact of discriminatory acts.

In an earlier blog I wrote that the Missouri Court of Appeals, Western District, had overruled the Circuit Court’s dismissal of claims for racial discrimination, hostile work environment, and aiding and abetting discrimination filed by several Black employees of Syncreon and Harley Davidson. See Emanual Matthews, et al. v. Harley Davidson
Continue Reading Missouri Supreme Court establishes elements of a claim for aiding and abetting discrimination, and more

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…..