News & Insights

Railroads are facing a dramatic increase in public utilities, such as telecommunications companies and cable television providers, seeking to cross railroad rights-of-way. This is driven in large part by the push to expand broadband service, especially into underserved rural and semi-rural areas, and to introduce 5G services.  

Noteworthy Biometric Law News Including a Wave of Class Actions as a result of an Illinois Supreme Court Decision, BIPA Claims Related to the Railway Labor Act, and BIPA Lawsuits Subject to Insurance Coverage or Indemnification.  

Technology has become ubiquitous in the workplace including as an integral part of business security systems. Because of technological progress, companies increasingly use biometric information for multiple purposes. Biometrics are biological markers that make each of us unique and distinguishable from one another, the most common being the finger print.  

The rise in class action lawsuits under the Illinois Biometric Privacy Act (BIPA), and the potential for increased exposure after the Illinois Supreme Court’s decision in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186, means companies should look aggressively at their risk management programs to find potential insurance or indemnity coverage for those claims.  

Noteworthy Environmental Law News including a DMG Environmental Trial Win, an update on when a CWA Permit is required for Migration of Contaminated Groundwater, the One Federal Decision for Permitting Major Infrastructure Projects, and Brownfields Amendments in the Build Act.  

February 12, 2018, Congress passed the Brownfields Utilization, Investment, and Local Development Act of 2018 (BUILD) as part of the Consolidated Appropriations Act of 2018.  

Noteworthy Employment Law News including a Seventh Circuit Court of Appeals Decision, USERRA, and The Illinois Biometric Information Privacy Act.  

Hiring Service Members? Have Employees In the Armed Forces or National Guard? The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) is a broad federal statute that establishes reemployment rights for service members returning from duty and protects vets and present service members, as well as those who have applied for service, from discrimination and retaliation in employment and in hiring.  

The EEOC has published its revised proposal to collect W-2 income and hours-worked data as part of its annual Employer Information Reporting process to support civil rights enforcement.  

Owners and developers often request a jurisdictional determination (JD) for projects in order to identify wetlands and other protected waters, and under prior court decisions, the landowner or developer had to exhaust administrative remedies. In 2016 the Supreme Court ruled unanimously that Jurisdictional Determinations by the Corps can be appealed under the Administrative Procedure Act as a final agency action.