Time to Take Data Breaches to Court
Although Congress is working on stronger cybersecurity measures, it just may be the courts that define the accountability of a company for a data breach.
Although Congress is working on stronger cybersecurity measures, it just may be the courts that define the accountability of a company for a data breach.
Clifford’s Notes, Chicago Lawyer March 1, 2014 By Robert A. Clifford The latest statistics continue to demonstrate the long-term trend that the number of medical-malpractice filings is down, yet the number of inquiries regarding negligence involving doctors and medical personnel is up. How does one reconcile this apparent paradox? It’s really because trial lawyers are accepting responsibility for fewer medical-malpractice cases. A major reason is that experts are required for causation involving every specialty of…
Clifford’s Notes, Chicago Lawyer February 5, 2014 By Robert A. Clifford I recall reading a story about 10 years ago that I still find disturbing: On a cross-country flight, a lawyer sat next to the president of one of the firm’s top clients. When the president discovered the lawyer was the managing partner of the firm, he commented, “Yes, your firm used to be our lawyers.” The company had stopped sending work to that firm…
Robert A. Clifford, senior partner at Clifford Law Offices, wrote a column for the February issue of the Chicago Lawyer on the importance of staying in touch with clients (“If communication is rockin’, the ARDC won’t come a knockin’”). Click here to read the entire column: Clifford’s Notes, Chicago Lawyer. He offers some important tips as well as answers that are provided by the Illinois Attorney Registration and Disciplinary Commission (ARDC) at iardc.org. The column…
Clifford’s Notes, Chicago Lawyer January 6, 2014 By Robert A. Clifford A new law takes effect Jan. 1 in Illinois – all cellphone use for drivers must be hands-free. Some communities in the state already banned the dangerous practice of hand-held cellphone use by drivers, but many had not. And Illinois state troopers often use spotters who alert other troopers of distracted drivers on the expressways. Illinois becomes the 12th state to outlaw hand-held cellphone…
In places like Chicago where ice and snow are a danger for almost a third of the year, their proper disposal is necessary for public safety. In a recent case, improper disposal caused a tragedy and the public entities were granted immunity because the court held that the snow and ice were naturally occurring. Read on for Robert Clifford’s expert opinion on why those responsible must be held accountable.
Was it contributory negligence or did the defendant do all that could be done to make the premises safe? Read on for Robert Clifford’s outlook on the importance of consistency, and a comprehensive pursuit of justice when summary judgment may preclude the discovery of certain facts.
The legal profession is an ever-changing world oftentimes in the midst of an adversarial atmosphere. Sometimes, a step back to pause and reflect on the reasons lawyers chose their “noble profession” can be just what is required to renew passion and remember goals. Read on for Robert Clifford’s insights into both the profession and some key rules that are handy to remember.
Some dangers may be open and obvious, but courts have struggled with the concept of when it may amount to negligence when someone is hurt or killed. Recent court cases have considered the expansion of the scope of an open and obvious danger. Read on to hear Robert Clifford’s cautionary words against this trend here.