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HTMLIllinois Schools Face Tough Decisions in Combating Cyber-bullying
Jonathan E. Meer, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
Illinois, like most states, has a law that addresses school districts’ responsibilities for addressing bullying in schools. With the growing presence of cyber-bullying, as of January 1, 2015, Illinois modified section 27-23.7 of the School Code, Bullying Prevention, to include specific...

 

HTMLCalifornia Jury Finds “Blurred Lines” Infringed “Got to Give It Up”: Society’s Mixed Signals on Copying and Intellectual Property Rights
Adam R. Bialek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 13, 2015
On Tuesday, March 10, 2015, a California federal jury returned a verdict finding that Robin Thicke and Pharell Williams had copied Marvin Gaye’s 1977 song “Got to Give It Up” when writing Thicke’s 2013 hit, “Blurred Lines.” The media immediately reported this...

 

HTMLFederal Government Issues Long-awaited Final Rules Governing Fracking on Federal Land and Indian Land
Carl J. Pernicone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 23, 2015
On March 20, 2015, the Department of the Interior’s (DOI’s) Bureau of Land Management (BLM) issued its long-awaited “final” rules governing hydraulic fracturing operations on federal lands and land owned by Indian tribes.

 

HTMLCourt's Interpretation of Merchant Services Agreement Limits Retailer's Liability to Card Brands for Data Breach
Gregory Bautista, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 12, 2015
On January 15, 2015, the U.S. District Court for the Eastern District of Missouri ruled that fees, assessments and costs imposed by the credit card brands on Schnuck Markets, Inc. (Schnuck), a grocery chain estimated to have had 2.4 million customers' credit and debit card information compromised...

 

HTMLTexas High Court Confirms Exclusivity of Texas Workers’ Compensation Claim Remedy, Even for Alleged “Independent Injuries”
Susan Abbott Schwartz, Valeri C. Williams; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
In a highly anticipated decision, the Texas Supreme Court emphasized its commitment to the exclusive jurisdiction of the Texas Division of Workers’ Compensation Act (Act) to deal with and respond to claims arising out of the investigation, handling and settling of workers’ compensation...

 

HTMLIllinois Supreme Court Holds Information Provided to a CPA Is Privileged Information Held by the Accountant Alone
Lauren Moy Kim; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 30, 2015, previously published on March 27, 2015
In examining the issue of the accountant-client privilege for the first time, the Supreme Court of Illinois recently ruled that the privilege belongs to the accountant, not the client. In Brunton v. Kruger, 2015 IL 117663 (Ill. 2015), the Court examined section 27 of the Public Accounting Act,...

 

HTMLA Pre-answer Motion to Deposit Funds 
Robert P. Lesko; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on December 11, 2014
The federal interpleader statute, 28 U.S.C. § 1335 - Interpleader, on its face suggests that a disinterested stakeholder seeking interpleader relief must first deposit the funds with the Clerk of the Court for the district court to acquire jurisdiction over the proceeding and grant relief to...

 

HTMLEvery Case Is an e-Discovery Case in Today’s Litigation Environment
Thomas W. Tobin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on January 15, 2015
Lawyers routinely negotiate the scope of litigation discovery demands. One such lawyer was recently faced with a wildly broad discovery demand for relevant emails from the time a product was manufactured more than fifteen years ago to the present. The lawyer deftly negotiated the demand down to...

 

HTMLWisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamination Resulting from the Application of Manure and Septage as Fertilizer
William J. Katt, Carl J. Pernicone, Heather L. Utlaut; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on January 14, 2015
In Wilson Mutual Ins. Co. v. Robert Falk and Jane Falk, 2013AP691 & 2013AP776, and Preisler v. Kuettel’s Septic Serv., 2012AP2521, the Wisconsin Supreme Court sought to resolve conflicting court of appeals’ decisions on whether excrement (manure and septic waste, respectively) are...

 

HTMLChicago Federal Court Bars Expert Testimony Espousing the “Any Exposure” Theory 
Karen E. Bettcher, Anthony M. Goldner; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on January 12, 2015
On December 22, 2014, in a pre-trial ruling, the U.S. District Court for the Northern District of Illinois, in Krik v. Crane Co., et al., No. 1:10-cv-07435 (N.D. Ill. December 22, 2014) barred perennial plaintiff’s expert Dr. Arthur Frank and other experts for the plaintiff from providing...

 


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