HeplerBroom, LLC

HeplerBroom LLC provides comprehensive representation for its business clients, from entity selection and formation to day-to-day management and employment issues, tax planning, contract preparation, real estate matters, environmental compliance, succession planning, and representation in mergers, acquisitions, and sales.

HeplerBroom, LLC Blogs

Latest from HeplerBroom, LLC

In late January, President Biden signed the “Executive Order on Tackling the Climate Crisis at Home and Abroad.” While climate change is clearly the focus, the new administration’s policies regarding environmental justice are also addressed. (The parts of the order addressing environmental justice amend and update an original environmental justice Order signed by President Clinton in 1994.) Underlying Philosophy In the section on “Taking a Government-Wide Approach to the Climate Crisis,” the order…
In Ideus v. Teva Pharm. USA, Inc., 2021 WL 415774 (8th Cir. Feb. 8, 2021), the Eighth Circuit held that under Nebraska tort law a manufacturer need not warn a consumer directly about the potential risks of using its contraceptive device. This decision may have implications beyond applicability to actions in Nebraska because the Eighth Circuit recognized that the majority position in jurisdictions around the country has been to apply the learned-intermediary doctrine to failure-to-warn…
Earlier this year, the Illinois Environmental Protection Agency (EPA) issued health advisories for several “forever chemicals.” Regulations require the issuance of a health advisory when a chemical that is “toxic or harmful to human health”—but for which there is no current groundwater standard—is detected in a community water supply well “and confirmed by resampling.” 35 Ill. Adm. Code 620.605(a). According to the Illinois EPA website, “Advisories also contain general information on the characteristics of…
What Happens When the Deceased Has a Will? Generally, a decedent’s Will names an Executor for the estate. The Executor is charged with making sure the decedent’s wishes, as outlined in the Will, are honored. The first thing the Executor does is file the decedent’s original Will with the court and open the probate matter.[1] After the probate matter is opened, the Executor petitions the court for Letters of Administration, which assists the Executor…
Background Illinois’ Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data.  740 ILCS 14/15.  Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry.  Id.  But in the last few years, BIPA – with its statutory penalties of $1,000 for each negligent violation and $5,000…
In most car-truck accident cases, the trucking company is at a huge data disadvantage. While the truck’s electronic control module is a treasure trove of data for a claimant, the trucking company rarely has equivalent data from the claimant’s vehicle. That is quickly changing. Like a semi’s ECM, a late model vehicle’s infotainment system contains voluminous data about the vehicle and its operation in the critical seconds before a collision. With a proper download, the…
Medicare Secondary Payer (MSP) laws require those that settle or pay claims arising from a beneficiary’s personal injury to reimburse Medicare for any injury-related health care costs the program incurs. The recently enacted PAID (Provide Accurate Information Directly) Act is expected to close an information gap and provide valuable data to those settling or funding these claims. Armed with this additional information, these parties will be able to resolve such claims with less concern that…
In one of the first orders issued in 2021, Judge Stephen Stobbs granted summary judgment in favor of two HeplerBroom clients in the Sidney Keyes, Sr. case. The Case Mr. Keyes, a one-time employee of the Defendants’ alleged predecessor, passed away after suffering from mesothelioma, which his estate alleged was caused, at least in part, by exposure to asbestos while on the job. HeplerBroom filed a motion for summary judgment arguing its clients should be…
While dogs bring us happiness and enrich our lives, they can also be sources of liability for their owners. The Second District’s recent decision in Dzierwa v. Ori examines the two liability theories recognized in Illinois for bodily injury caused by an animal, which all Illinois dog owners should be aware of. The Original Case In Dzierwa, plaintiff was bitten by Fiona, a 105-pound Cane Corso owned by defendants Joseph and Elizabeth Ori. The Oris…
It happened again. Plaintiff named a physician buried in the medical record as a defendant, the one that provided a consult on the day of surgery, and the one that lives in The County. The County, the venue where Plaintiff wants to be. Not in the county where your client hospital resides. Not in the county where the surgery took place. That other county down the road. Now your client is stuck there—unless you can…