October 2007

Business Alert: Check Your Credit Card Receipts!
New Wave of Litigation Under Fair and Accurate Credit Transactions Act

Are your credit card receipts exposing your business to potentially millions of dollars in claims and legal expenses? Businesses who accept credit card payments need to be aware of a new surge in lawsuits spreading across the country under the Fair and Accurate Credit Transactions Act ("FACTA"). In the past year, hundreds of cases have been filed against businesses in jurisdictions across the country, including Illinois. The targeted defendants largely are retail businesses issuing machine-printed credit card receipts with prohibited information on the receipts, allegedly violating FACTA. The alleged violations expose each defendant to potentially massive damage awards, including actual or statutory damages, punitive damages and lawyer fees. Chicago office shareholder Terrence Guolee details the state of this emerging threat to businesses.


Municipal Liability Update:
First District Holds City of Chicago Not Liable For Porch Collapse

Chicago associate Jennifer Mayhew writes on an interesting case following from a recent and highly-publicized porch collapse in Chicago’s Wrigleyville neighborhood and important defenses municipalities have to claims sounding in the failure to provide or ineffective municipal services.


Intellectual Property Update: New Rules for Protecting Trademarks:
The Recent Amendments to the Trademark Trial and Appeal Board Rules

One manner by which companies protect trademark assets is through the U.S. Trademark Trial and Appeal Board. Chicago associate Devon Eggert provides an update on practice before the Board and significant rule changes.


Workers Compensation Update:
Violation of Safety Rule Does Not Automatically Take A Petitioner Out Of His/Her Scope of Employment

Your business provides detailed safety instructions, but an employee ignores the instructions and injures himself. Does your company have a defense to a workers’ compensation claim? Kevin Casey, an associate in our Chicago office explains why the answer likely is “no” under a recent case.


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Editor:
Terrence F. Guolee

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