Posts from February 2015.
| BLOG

Have you ever seen a corporation walk down the street? Or maybe you’ve shaken hands with a corporation lately? Perhaps you’ve witnessed a corporation do The Wiggle? Over two hundred years ago, Chief Justice Marshall wrote that a corporation is “an artificial being, invisible, intangible, and existing only in contemplation of law.” More recently, Justice Stevens wrote in dissent that “corporations have no consciences, no beliefs, no feelings, no thoughts, no desires”. Others disagree.

For example, former Massachusetts Governor Mitt Romney famously told a crowd  of ...

| BLOG

The backbone of insurance is risk.  It is assessing risk, allocating risk, pricing risk, and insuring risk.  The insurance industry is – in a word – one of risk.

To help calculate risk, the industry has built sophisticated models and algorithms, designed to measure the likelihood of certain events and scenarios.  These predictive models quantify the odds of your car getting wrecked, your home being damaged, or – as Nationwide so morbidly reminded us – the odds that your child might die from a preventable accident.

The insurance industry, of course, insures risks beyond the home ...

| BLOG

Illinois’ former eavesdropping law was unconstitutional because it was too broad to protect the fundamental interest in conversational privacy. When the former law was held unconstitutional, many wondered how the General Assembly would respond. By enacting this new law on December 30, 2014, Illinois made clear that it was going to stay the course and protect its citizens’ private conversation.

The cornerstone of Illinois’ eavesdropping law is the policy that the people of Illinois should not fear that what they believe to be private conversations are being recorded. That ...

| BLOG

The Missouri Court of Appeals recently rendered unenforceable employment contracts seeking to bind “at-will” employees unless there is consideration from the employer beyond an offer of employment. In Kathryn Jimenez v. Cintas Corporation, et al., No. ED101015 & ED1011241 (Mo. App. E.D. Jan. 13 2015), the Eastern District held that an offer for at-will employment, regardless of whether the offer from the employer was for new employment or continued employment, does not constitute sufficient consideration to form a binding employment contract.

Kathryn Jimenez began ...

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