Articles Tagged with Chicago Business Lawyer

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How private is your cell phone?

Smartphones provide all kinds of information that advertisers might find useful, including the user’s locations throughout the day. While this information is aggregated and anonymized—excluding names and other identifiers—it’s possible that hackers or other malevolent actors could gain access to a user’s raw data.

Location tracking can be useful for a number of reasons, ranging from targeted advertising from stores and brands, to traffic monitoring and reporting on the part of GPS apps, to analyzing the growth of potential coronavirus hot spots. But people often don’t know their information is being tracked, and disclosures that providing their location for use in a weather app might lead to their data being sold, for example, are often buried in the fine print.

Chicago Small Business Lawyer

The Key to Surviving as a Small Business

How can your business – and you – survive the COVID-19 pandemic?

It’s a tall order.   But small business owners have means of surviving.   The corollary shutdowns have impacted 20% of small businesses, according to the U.S. Chamber of Commerce, and restrictions have affected a far greater number. A study by the University of Illinois, University of Chicago and Harvard University and its business school estimates more than 100,000 small businesses are permanently shuttered. Not a surprise since many small firms don’t generally have more than a few months’ cash reserve.

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Entrepreneurial Business Concepts 

Companies like GE, Disney and HP got their start during the Great Depression, while Airbnb, Uber, Slack and Venmo launched in cyberspace during the Great Recession.   Taboola’s analysis of more than 8 billion page views, along with data from the aggregated readership among 1,000 of its publisher partners, collected in March and April, shows several promising growth markets, as Singolda noted in an article published on CNBC.com.

Creating the next great videoconferencing platform is an idea that’s probably already taken, but the Taboola analysis of search engine terms revealed others:

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Cyber Security Insurance

UPDATED AUGUST 23, 2020 –  A federal judge in Kansas has ruled that three Missouri restaurants can proceed with their claims against Cincinnati Insurance Company alleging that the policies also covered “physical loss,” which the insurers failed to define in the policies.  The insurance company’s argument is that the policies provide coverage “only for income losses tied to physical damages to property, not to economic loss caused by governmental or other efforts to protect the public from disease.” In other words, they cover direct physical damages or losses from events like storms or fires.  This argument was rejected by the federal district court judge.

August 10, 2020 –  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.

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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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).