Keith Horton

Sports betting is on the Missouri ballot tomorrow, and sports betting expansion in the U.S. for 2024 rests in the hands of Missouri voters. Check out our break down of the proposed Constitutional amendment and next steps for sports betting in the Show-Me State if the amendment passes! Fox Rothschild Jessica Rodio-Segal Linda Miruh Jeon #sportsbetting #missouri #gaminglaw #sportswagering

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#BIPA Update! Senate Bill 2979, amending the Illinois Biometric Information Privacy Act's (BIPA) damages provision, has passed the Illinois House. This legislation addresses concerns raised by the Illinois Supreme Court's Cothron decision, which led to significant financial exposure for businesses due to multiple biometric scans. The TC team including J. David Duffy, Susan Lorenc, Carlos A. Ortiz, James Shreve, Dremain Moore and Zoe Spector dive into the details here: https://bit.ly/3WNEeUc #BIPA #privacylaw #illinoislaw #biometrics

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Recently, Governor Pritzker signed into law several bills that amend the Illinois Human Rights Act and extend civil rights protections to employees. Brian Smith, Heyl Royster's Employment & Labor Practice Chair, explains that these amendments extend the time for filing a charge of discrimination, add new protected classes, and address the growing use of artificial intelligence in the recruiting and hiring process. You can read the full article by visiting https://lnkd.in/gv3CXqdC   Remember to subscribe to Heyl Royster's Employment & Labor Newsletter for more articles like this to stay informed! Visit https://lnkd.in/gnUY7VeZ for more details. #HeylRoyster #EmploymentandLabor #StayInformed

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Sweeps news from Daniel Wallach via X: "Two more lawsuits against VGW. These are pending in state court in Boston, Massachusetts. The twist -- a “treble damages” lawsuit under MGL c. 137 s. 1 to recover “the losses suffered by all MA residents.” The claim -- VGW “operates an unlicensed internet gambling casino.” "The audited financials also reveal that “the majority of VGW's customers are based in North America.” 2022 revenues > $3.2B AUS$ 2023 revenues > $4.8B AUS$ That's roughly $3.1B USD annually. By comparison, the entire regulated US iGaming market generated only $6.2B in 2023." #sweeps #sweepstakes #casinos #gambling #illegalgambling #sportsbetting #onlinecasino #onlinegambling #gaming #attorneygenerals #AGs #regulation #consumerprotection #litigation https://lnkd.in/gV7SqShJ

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The new Illinois Supreme Court order regarding the definition of signature is well meaning, but is likely to create more confusion without some clarity from the court and some relief from Rule 9(f). My column in the Chicago Daily Law Bulletin is below and my post about the new signature rule is in the comments. Stephen Hoffman James DuChateau John Eggum Dan Cotter Tammy Banasek what have you done to adjust to this rule? Jonathan Federman what am I getting wrong? Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure

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Today, the Illinois Appellate Court for the Fifth District issued a landmark ruling in J&J Ventures Gaming, LLC v. Illinois Gaming Board, 2024 IL App (5th) 230255. This decision highlights the Illinois Gaming Board’s (IGB) expansive authority and underscores crucial compliance requirements for gaming terminal operators across the state. The court upheld the IGB’s decision, affirming the validity of exclusive location agreements executed by Accel Entertainment, even though J&J Ventures’ agreements were “first-in-time.” The ruling clarified that compliance with licensing requirements and the satisfaction of regulatory conditions precedent are essential for enforceability in the gaming industry. Key Takeaways for the Industry: - Licensing is Paramount: The court confirmed that gaming agreements are only enforceable when both parties meet all statutory licensing and operational prerequisites. Timing alone does not guarantee priority. - Regulatory Oversight: The IGB’s exclusive jurisdiction includes determining the validity of gaming contracts, reinforcing the Board’s authority as the ultimate arbiter in disputes. This ruling serves as a reminder for gaming terminal operators and establishments to ensure full regulatory compliance before entering agreements. It also underscores the importance of promptly addressing any disputes or allegations within established procedural frameworks.

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In explaining the amendments to Federal Rule of Evidence 702, the Advisory Committee called out several ways in which “many courts” had “incorrectly” applied Rule 702 and failed to adequately discharge their duty as gatekeepers with regard to expert witness testimony. The import of those comments is that existing precedent on Rule 702 may be “incorrect” and must be re-examined. A case pending in the Northern District of Illinois serves as a fine illustration of how this re-examination should work in practice. You can learn more in this post for our “Faegre Drinker on Products” blog by Eric Friedman and Brian J. Paul.

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On May 16, the Illinois Legislature passed Senate Bill (SB) 2979, which amends the state’s Biometric Information Privacy Act (BIPA) to limit damages available to aggrieved parties and expand how organizations can obtain consent under the law. Now subject to Governor Pritzker’s approval, SB 2979 is a direct reaction to legal proceedings resulting in multimillion-dollar losses to businesses for what many perceive to be minor technical violations of the law. Importantly, organizations can still be held liable under BIPA for unlawfully collecting or otherwise processing an individual’s biometric data and should continuously monitor their data protection programs to ensure compliance with the law. https://bit.ly/4bpCdlx #BIPA #privacy #dataprivacy #illinois #biometrics #privacylitigation

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One of the most consequential decisions that the Illinois Supreme Court will make in this upcoming term is in Martin v. Goodrich. The case concerns whether the 2019 amendment to Illinois' Occupational Disease Act that permits actions by employees against their employers in civil court, instead of in workers compensation, in situations where the latency period is more than 25 years is allowed under the plain language of the statute and, if it is, whether that changed the law after the statute of limitations had run violates the due process clause of the Illinois Constitution. The case is on three certified questions from the Seventh Circuit. In support of the defendants, the Illinois Defense Counsel and the US Chamber of Commerce and the Illinois Chamber of Commerce were allowed to file two amicus briefs, and the Illinois Supreme Court allowed the Illinois Trial Lawyers Association to file an amicus brief. However, the court denied, without explanation, several unions the right to file their brief. Their motion to reconsider is below. Larry Ebner Lucy Dollens Melinda Kollross have you ever seen such a motion filed? Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure

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Markeya Fowler, attorney in Chuhak & Tecson, P.C.'s employment practice, reports that the Chicago Department of Business Affairs and Consumer Protection has published its final rules on the Paid Leave and Paid Sick Leave Ordinance, which will go into effect on July 1, 2024. To read the full article, click below. https://lnkd.in/gkYkH6Ka #paidleave #paidsickleave #employmentlaw #chuhakandtecson #righttherewithyou

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On August 9, Illinois Governor J.B. Pritzker signed into law amendments to the Illinois Human Rights Act that will impose new requirements on employers in Illinois that use #AI in employment decisions. Gregory Abrams discusses more in our latest client alert (linked in comments). #TuckerEllis #IHRA #ArtificialIntelligence

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Important Michigan No-Fault Update: Canty v Mason (10/4/24) On October 4, 2024, the Michigan Court of Appeals issued its opinion, for publication, in Canty v Mason. This opinion clarified several key points in post-reform no-fault law, including: -Individuals who opt out of Personal Injury Protection (PIP) coverage can recover all allowable expenses from the at-fault driver, starting from the first dollar and without limit, under MCL 500.3135(3)(c). -The fee schedules established under the no-fault reform, MCL 500.3157, apply to such claims. -Medicare beneficiaries who opt out of PIP coverage must submit their claims to Medicare. Third-party defendant’s (like the at-fault driver or owner) will not be obligated to pay any amounts that Medicare would have paid. This ruling has major implications for insurers, claimants, and providers in Michigan auto accident claims and lawsuits. 

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Here’s a detailed guide about how to file a police complaint in Detroit and what to expect afterward. https://lnkd.in/gAVaXyeX

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On August 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law. The bill amends the Illinois Biometric Information Privacy Act (BIPA) by limiting the number of claims that can be brought under the law’s private right of action and updating the law’s definition of “written release” to include “electronic signature.” In this Byte Back blog, David Stauss provides a summary of these two changes. Read more: https://lnkd.in/gKcxkgKw #BiometricPrivacy #PrivacyLaw

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Does a plaintiff's remarriage impact their recovery for loss of financial support and loss of material services in wrongful death lawsuits based on their first spouse's death? The Illinois Supreme Court analyzed this question in Passafiume v. Jurak, a case which breaks down the differences in loss of consortium and loss of material services claims. Click below to read FMG's Donald Patrick Eckler and Josh Zhao's latest blog covering the results of this case. #FMGLaw #IllinoisLaw #TortandCatastrophicLoss #WrongfulDeathAct https://bit.ly/3Y1vj1I

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Pretrial advancements in Illinois are working and can be a model for other states. This LA Times Editorial compares Illinois’ changes with missteps in the Golden State 👉 https://lnkd.in/ghdDVqTd #pretrial #PretrialJustice #Illinois #CriminalJustice #CriminalLegalSystem #PretrialReform

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🗣️The Return of Dicta Under Wisconsin Law? ⚠️'Single Claim' Provisions in Liability Policies 🗳️ Electoral Reform in Wisconsin: Legal Analysis 📌More stories in Wisconsin Lawyer magazine www.wisbar.org/wl #wisconsinlawyer #wisconsinlaw #wisbar

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Subscribe to our newsletter for all the news you can use year-round! https://lnkd.in/grE7bdjZ #legalnews #legalnewsletter #chicagoattorney #attorneynews #stayintouch #chicagolawfirm #subscribe #lawfirm

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𝐒𝐞𝐞𝐤𝐢𝐧𝐠 𝐈𝐦𝐩𝐥𝐞𝐦𝐞𝐧𝐭𝐚𝐭𝐢𝐨𝐧 𝐂𝐡𝐚𝐧𝐠𝐞𝐬 𝐎𝐧 𝐏𝐚𝐢𝐝 𝐋𝐞𝐚𝐯𝐞 Good policy takes time. A prime example are the changes needed to realistically implement the paid leave requirements the Michigan Supreme Court recently ordered back into effect starting Feb. 21. That ruling reinstates the Earned Sick Time Act, a former ballot proposal that contains several key implementation gaps in its original format. The legislature can address these this fall. There’s good precedent for implementation changes on initiated laws (those brought forward via ballot proposal). Recent examples include the legalization of Marijuana, reproductive rights, and voting laws. The following five changes would honor the intent of the original proposal, while making it feasible for both employers and employees: - Exempt employers with policies that meet or exceed the number of hours required, including all forms of paid leave (e.g. vacation). - Allow employers to front-load time off to avoid complicated accruals and to allow the employee to use time as needed. - Add a small employer exemption and apply the Act to only full- and part-time employees averaging 20 or more hours per week in 20 weeks. (There’s good logic to exempting employers with fewer than 50 employees; most don’t have their own HR teams to navigate complicated requirements and it’s a threshold already honored by the federal Family Medical Leave Act [FMLA].) - Limit requested leave time to be used in four-hour/half-day increments and require notification prior to the start of the shift unless an employee is incapacitated. - Remove language allowing private lawsuits for violations and rebuttable presumption language that presumes the employer is guilty. Enforcement and penalties should be handled uniformly and fairly by the state. Momentum is growing behind the need for changes to grant employees flexibility on paid leave, keep businesses operating smoothly, and protect truly small operations from unworkable provisions. The legislature has an opportunity to protect the spirit of the petition and the economy with these changes. With your help, we can encourage lawmakers to make changes quickly, giving all employers and employees time to prepare. Contact your legislators and ask them to make these five changes to the Earned Sick Time Act this fall before it’s too late. Contact your legislators: https://lnkd.in/gdH27dCf Amy Drumm Senior VP, Government Affairs Michigan Retailers Association

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