On December 12, 2022, the Illinois Institute For Continuing Legal Education (IICLE) published the seventh edition of Wrongful-Death and Survival Actions. Scott Seaman, a Chicago-based partner and Co-Chair of the firm’s Insurance Services Practice Group developed the book and has served as general editor and a contributing author since the book was originally released in 1992. The book has served as a valuable resource for practitioners and judges for thirty years.

The Illinois Institute of Continuing Legal Education (IICLE) released the Sixth Edition of "Wrongful-Death and Survival Actions" earlier this month. Scott Seaman, Chicago-based partner and co-chair of Hinshaw's national Insurance Services Practice Group, served as General Editor of the publication. Seaman and Chicago-based partner Philip Kujawa co-authored four of the seven chapters, addressing wrongful death actions, damages in wrongful death actions, survival actions, family member liabilities, remedies, and immunities. They also included an appendix of forms and checklists. Hinshaw partner Adam Guetzow and associates Adam Koscielski and Michael Adams also contributed to the publication.

Philip R. Kujawa, a partner in the Alarm & Security Law Practice, authored the article "Case Law: When PERS Does More Than Intended," which appears in the October 2014 issue of Security Dealer & Integrator.

Hinshaw partner Philip Kujawa will present "So You Think Your Alarm Contract Is Bulletproof?" on May 19, 2021. Sponsored by the Illinois Electronic Security Association (IESA), the program will focus on Kujawa's vast litigation experience defending alarm companies across the country in cases involving death and catastrophic personal injuries, and property damage. Some of the lessons he has learned over his 30-year career will also be shared, along with tips for drafting more effective contracts.

Phil Kujawa and Adam Saper—Chicago-based partners at Hinshaw—are teaming up to present at Honeywell CONNECT 2017, November 9-12, 2017 at the Hilton San Diego Bayfront, San Diego. Their presentation, "The Drafting and Enforcement of Non-Competition and Non-Solicitation Agreements in the Alarm Industry," will occur on Saturday, November 11, 2017 at 11:45 am – 12:30 pm PDT.

Phil Kujawa, a Chicago-based partner at Hinshaw & Culbertson LLP, and the founder and leader of the Firm's Alarm and Security Services Industry Practice Group, will present "PERS Cases in Court" at PERS Summit 2017 on Wednesday, September 27, 2017 at 9:30 am MDT in Park City, Utah. The PERS Summit is the premier gathering of PERS dealers and manufacturers fostering an environment of innovation, shared best practices, and networking opportunities nationally recognized with experts and peers in the industry.

Hinshaw's Phil Kujawa and Kellie Mazzarella will present a webinar titled "The HITECH Act Unencrypted: An Overview of the HITECH: An Overview of the HITECH Act and its Impact on the Receipt, Transmission, Creation, and Maintenance of Protected Health Information," on November 5, 2020. The program is part of the Illinois Paralegal Association's Fall Education Conference.

A recent case involving a PERS (Personal Emergency Response System) was decided in the Appellate Court of Connecticut, Theodore v. Lifeline Sys. Co., 173 Conn. App. 291, 2017 Conn. App. LEXIS 211 (Conn. App. Ct. May 23, 2017).  

In Nickens v. Tyco Integrated Sec., LLC, No. 3:14-CV-00011-RLY, 2014 WL 6910463 (S.D. Ind. Nov. 25, 2014), Plaintiff, Larry Nickens, purchased a residential burglar alarm system from ADT LLC, f/k/a ADT Security Services, Inc. (ADT). He alleged that, in October 2011, the alarm activated for no apparent reason and emitted a sound so loud that, by the time he was able to disarm the system, he had sustained permanent hearing damage. Plaintiff's Amended Complaint against ADT alleged four causes of action. Count I asserts a claim of common law negligence, and Counts II–IV assert claims under the Indiana Products Liability Act (IPLA). In particular, Count I alleged that ADT negligently advised Plaintiff to expose himself to the sound of the alarm, causing him personal injury. Count II alleged that ADT failed to warn the public and the Plaintiff of the health risks arising from exposure to the alarm sound, and failed to provide proper training concerning the safe and effective use of the alarm. Count III alleged that the burglar alarm was defective in its design, rendering it unreasonably dangerous to the average consumer, and Count IV alleges a breach of the implied warranty of merchantability under the IPLA—i.e., the burglar alarm is not reasonably fit for the ordinary purposes for which such goods are used, nor minimally safe for its intended purpose.

The U.S. District Court for the Eastern District of Michigan upheld defendant home alarm and security services company’s limitation of damages provision in a services contract and limited recoverable damages on plaintiff customer’s breach of contract claim to a maximum of $500. Further, the court dismissed plaintiff’s negligent hiring and fraud claims.

Executive Order Requires Posted Notice Detailing Employees’ Right to OrganizeOn January 30, 2009, President Obama signed Executive Order 13496, creating new obligations for government contractors and subcontractors. The Order’s stated purpose is to keep employees informed of their rights under the National Labor Relations Act (NLRA) in an effort to see government contracts “performed by contractors whose work will not be interrupted by labor unrest.” Employers that are covered by the Order will be required to “post a notice of such size and in such form, and containing such content as the United States Secretary of Labor shall prescribe, in conspicuous places in and about its plants and offices where employees covered by the NLRA engage in activities relating to the performance of the contract.” The United States Department of Labor’s rule proposal seeking to implement the Order mandates that the notice: outline “the fundamental rights regarding union activity and collective bargaining that employees have under the NLRA; provide examples of conduct that is illegal under the NLRA; and provide contact information in the event that an employee suspects that the law has been violated.” If an employer fails to post this notice, its “contract may be cancelled, terminated, or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts.” Exemptions can be granted where the Secretary of Labor finds that the purpose of the Order would not be served in requiring the notice. Notably, the Order revokes President George W. Bush’s Executive Order 13201, which required notice to employees of their rights not to join a union and not to pay agency fees for nonrepresentational union expenditures. Employers that are subject to Executive Order 13496 should prepare to post notices proponing union activity in order to keep their contracts, and should be ready for any repercussions that the notice might have. Executive Order 13496 as of January 30, 2009