COVID-19 UPDATE from Bellas & Wachowski

Articles Tagged with Chicago Business Lawyer

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Cyber Security Insurance

The sudden expansion of remote work arrangements in the wake of the COVID-19 crisis has created a buffet of opportunities for would-be cyber criminals. And the newly reconfigured, decentralized satellite workplaces in people’s homes look to be with us for some time.   In addition to protecting themselves from the network vulnerabilities created by these off-site offices, businesses need to undertake a thorough review of their cyber insurance policies to ensure that if a malicious actor causes them harm, they are protected on the fiscal front.

Cyberattacks have surged in recent months because of the much greater use of personal devices, exponential expansions of access points, and inability to centrally control data. But many cyber insurance policies do not completely protect the policy holder from intrusions such as data breach, network shutdown, and civil or regulatory actions.

downloadThe Supreme Court decided two years ago in Carpenter v. United States that the Fourth Amendment requires police to obtain a warrant, in most circumstances, to access GPS location information spanning seven days or more from a cell phone user.   Prior to that decision, the court had held that voluntarily providing this information to third parties like technology companies did not have Fourth Amendment protections and thus litigants did not have any reasonable expectation of privacy.

Although the court majority labeled the decision “narrow,” it nonetheless led to questions about where else Fourth Amendment protections might be applied in future decisions related to various forms of technology. Dissenting Justice Samuel Alito predicted the decision “guarantees a blizzard of litigation.”

While Justice Alito was correct that some new cases have come forward, but for the most part lower courts have followed the contours of the Carpenter decision when asked whether users can be granted Fourth Amendment protection for such non-content data as financial and billing records, IP addresses, subscriber records, and lists of devices that accessed a wireless network.   Most recently, in June, the First Circuit Court of Appeals overturned a lower court ruling granting Fourth Amendment protection to eight months’ worth of video feed recorded by a pole camera, labeling this a “conventional surveillance technique” and thus not analogous to collection of cell-site location data.

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Tenant Evictions

Updated July 27

Chicago landlords have extra hurdles in front of them if they want to evict tenants between now and September 25 as stipulated by the COVID-19 Eviction Protection Ordinance that passed City Council, and all Illinois landlords face a different terrain under Rules 120 and 139 promulgated by the Illinois Supreme Court, both of which occurred last month.

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Small Businesses Reopening

As of today June 26, Illinois has reached Stage 4 of coronavirus reopening, which allows essentially all types of businesses to reopen provided they observe public health safety guidance and capacity limits, with no more than 50 people allowed in one place.

What does this mean for businesses, and how can they protect themselves—and their employees and customers—medically, financially and legally?

As Chicago area business litigation lawyers this is a question we frequently are asked.

E-Signatures in Illinois

Electronic Signatures are Enforceable under Illinois Laws. 

E-Signatures are permissible and valid in Illinois under the Illinois Electronic Commerce Security Act (the ECSA).