News from the Firm

Policyholders' Insurance Coverage Group Wins
Significant Case before Illinois Supreme Court

On November 30, 2006, the Illinois Supreme Court issued its opinion in Valley Forge Insurance Company v. Swiderski Electronics, Inc., a case that has been closely watched by policyholders and the insurance industry throughout the country. Much Shelist is pleased to report that the firm's Policyholders' Insurance Coverage department won the day for policyholders in what Mealey's Litigation Report: Insurance calls one of the 10 most significant insurance coverage decisions of 2006 and the most important Telephone Consumer Protection Act (TCPA) decision to date.

This case arose out of a lawsuit over an unauthorized fax (sometimes referred to as a "blast fax" or "junk fax"), in violation of the TCPA. The policyholder tendered that lawsuit to his insurance company, which refused to defend him. A lawsuit over insurance coverage followed. At issue in the coverage case was how undefined terms in an insurance policy should be interpreted. Much Shelist argued that such terms should be given their plain, ordinary and popularly understood meanings. The Illinois Supreme Court agreed, which means that an ordinary policyholder's understanding of an undefined term will be what controls.

Anthony C. Valiulis and Joanne A. Sarasin, both Principals in the firm's Litigation & Dispute Resolution practice group, wrote the legal brief, while Tony argued the case before the Illinois Supreme Court.

Upcoming MS-LABS: Green Real Estate

Much Shelist attorneys James D. Weier and Wendy M. Reutebuch—along with guest presenters Marta Gazda-Auskalnis (architect with Schroeder Murchie Niemiec Gazda-Auskalnis Architects), Cheryl Noel (architect with Wright-Ryan Construction and WRAP Architecture) and Mike Zitelman (project engineer with Pepper Construction Company)—will conduct a 90-minute seminar on issues relating to the greening of America's real estate. Beginning at 8:00 a.m. on May 22 at the W Chicago City Center Hotel, the presentation will be of particular interest to anyone who is involved in the real estate industry. Please check the Events page on the firm's website closer to the seminar date for additional information.

Offered as a value-added service to clients and friends of the firm, MS-LABS (Much Shelist Legal and Business Seminars) is a complimentary seminar series that provides useful information on legal and business matters related to owning and operating a business. Please contact Stephanie L. Hall at shall@muchshelist.com if you have questions or if you would like to be added to the MS-LABS invitation list.

Upcoming Speaking Engagements

Norman B. Newman, Chair of the firm's Bankruptcy, Reorganization & Creditors' Rights practice group, will moderate the U.S. Trustee Advisory Committee's annual Panel Trustee seminar on March 1, 2007 at the Mid-Day Club in Chicago. Norm will also speak about the powers and duties of a bankruptcy trustee at a program sponsored by the Chicago Bar Association's Young Lawyers Section on April 4, 2007.

Neil B. Posner, head of the Policyholders' Insurance Coverage practice, and Joanne A. Sarasin, a Principal in the Litigation & Dispute Resolution group, will speak at the ABA Section of Litigation 2007 Insurance Coverage Committee CLE Seminar (March 1-3 in Tucson, Arizona). Joanne will conduct a roundtable on the "own occupation" standard in disability policies, and Neil will lead a panel discussion on late notice in occurrence and claims made policies.

James D. O'Connell, Special Counsel in the firm's Business & Finance practice group, will speak on the portability, privacy and security requirements of HIPAA and its implementing regulations. Held on April 20, 2007 in Cleveland, Ohio, the seminar will be presented by the Employee Benefits Institute of America Inc.

Chicago Civil Rights Pioneers Share Their Views and Experience at
Much Shelist on Martin Luther King, Jr. Day

As part of the firm’s second annual "Diversity Day" celebration, two of the city’s most distinguished African American judges and civil rights champions—the Honorable George N. Leighton and the Honorable R. Eugene Pincham—shared their personal stories and insights with Much Shelist attorneys and staff on Martin Luther King, Jr. Day.

Leighton and Pincham have championed human rights throughout their long and distinguished legal careers. Both are former Cook County judges and Illinois justices who were active during the civil rights movement in Chicago, both hold lifetime memberships in the NAACP, and both have won numerous awards and recognition for their professional and community service

“Leighton and Pincham are living legends known for their groundbreaking legal work in civil rights, as well as their personal commitment to championing diversity,” said David T. Brown, Chair of the Much Shelist Management Committee.

Firm Hosts Lend-a-Hand Event, Announces Founders' Award Winner

On December 18, 2006, Much Shelist hosted the 2006 Abraham Lincoln Marovitz Lend-A-Hand Program Grants Reception. During the event, approximately 20 Chicago-area tutor/mentor agencies received grants, including the winner of the Much Shelist Founders' Award, named in honor of the firm's five founders. Much Shelist created the $7,000 annual award in 2005 to recognize an up-and-coming tutor/mentor program that has been in existence for less than five years.

For the second year in a row, the winning agency was Inspired Youth, a two-year-old tutoring program that provides assistance with reading, writing, arithmetic and homework for low-income children in the Uptown/Edgewater community. Other finalists for the award included Hermosa Community Organization, located in the Pilsen neighborhood, and Sunlight African Community Center, which serves the Uptown, Edgewater and Rogers Park neighborhoods.

For more information on Lend-a-Hand, visit http://www.lend-a-hand.net/.

Provided as a service to our clients and friends. If you have questions or would like to suggest a future topic, contact Michael C. James, Editor, 312.521.2123 or mjames@muchshelist.com.

The Business & Legal Quarterly contains material of general interest and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Under professional rules, this publication may be regarded as advertising material.

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