Tressler LLP

Tressler LLP is a national law firm headquartered in Chicago, with eight offices located in five states - California, Illinois, New Jersey, New York and Pennsylvania. Tressler is comprised primarily of attorneys who devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, defense, claims management and reinsurance.

Tressler attorneys also represent clients in commercial litigation, employment, corporate transactions and intellectual property law. Tressler has one of the most experienced and multi-faceted government law practices in Illinois.

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Is your Board of Fire and Police Commissioners in compliance with the law in regard to party affiliations? The Illinois Municipal Code 65 ILCS 5/10 2.1 3, states in part that “No more than two members of the board shall belong to the same political party existing in such municipality at the time of such appointments as defined in 10-2 of the Election Code. If only one or no political party exists in such municipality at…
Election season is upon us again. Public entities should be aware of the legal restrictions on political signage: Electioneering outside the 100 foot campaign free zone is permitted “Electioneering” is conduct that urges a vote for or against a party, candidate, or issue or engaging in political discussion within 100 feet of a polling place. 10 ILCS 5/7-41(c), 5/17-29. Electioneering may take the form of either verbal communication or nonverbal communication – displaying signs, wearing campaign buttons, or…
We are proud to announce that Tressler’s local government attorneys have been selected as 2021 Illinois Super Lawyers and Rising Stars. John O’Driscoll and Stephen Grossmark have been selected as 2021 Illinois Super Lawyers, and Christine Walczak and James Hess have been selected as 2021 Illinois Rising Stars. 2021 Illinois Super Lawyers John M. O’Driscoll – Civil Lit: DefensePartner John is a partner and Co-Chair of our Government Practice Group. His practice includes representing companies…
Businesses across the country have experienced unique and unchartered losses as a result of coronavirus shutdowns. “Closure Orders” have been instrumental in controlling the spread of COVID-19. While these government orders have been issued with strong and compelling purposes, they have severely impacted all businesses. Additionally, insurers have faced new claims and coverage issues.    Recently, the Northern District of Illinois ruled on whether a hotel’s losses, stemming from COVID-19 closures, triggered coverage under an “all risk”…
There have only been a few municipalities in Illinois that have passed ordinances that seek to strengthen and expand tenant rights. Notoriously, Chicago’s Residential Landlord Tenant Ordinance (the “RLTO”) contains stringent provisions that require strict compliance from landlords. Other cities such as Evanston and Mount Prospect have passed similar ordinances, but the vast majority of cities and municipalities throughout Illinois do not have these ordinances. On January 25, 2021, the Cook County Board of Commissioners…
The First District Appellate Court recently affirmed a Cook County decision that reinforces the immunities granted to municipalities under the Emergency Medical Services Systems Act (EMS Act). Section 3.150(a) of the EMS Act provides immunity from civil liability for acts or omissions committed by any certified, licensed, or authorized person, agency, or governmental body who in good faith provides emergency or non-emergency medical services in the normal course of conducting its duties or in…
On January 11, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided the Federal Register with its final rules aimed at updating the conciliation process. Conciliation is a voluntary process aimed at resolving employment discrimination charges in an efficient and cost-effective manner. Currently, less than half of the charges where the EEOC determines claims of discrimination to be founded utilize conciliation.  Failure to participate in conciliation can lead to the EEOC pursuing litigation against the employer/respondent. The…
Recently, an Illinois appellate court affirmed a ruling an insurer did not owe coverage for damage to a building from a bursting frozen pipe. On appeal, the Fifth District agreed with the reasoning employed by the lower court, resting its decision on the warehouse owners’ failure to “maintain heat in the building or structure” to the best of their ability, as required by the policy.  The pipe burst occurred in February 2011. After this event,…
A federal court has found that the insurer of a non-profit is not liable for a $67,097,998 judgment awarded against its insured for a fatal 2017 apartment fire in Oakland, California, due to the insured’s failure to disclose that it was the landlord of the apartment building on its insurance application, rendering the policy void ab initio. Atain Specialty Insurance Company v. Dignity Housing West, Inc., No. 19-CV-07296-LB, 2020 WL 7868127 *1 (N.D. Cal. Dec. 29, 2020).  The insured operated…
Classification of an employee as an independent contractor can make employers liable for employment taxes.  https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation.  Generally, an employer must withhold income taxes, withhold and pay Social Security and Medicare taxes and pay unemployment tax on wages paid to an employee. On January 6, 2021, the U.S. Department of Labor announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The rule will take…