ARTICLES

"Uber's safety claims face new challenges," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (February 25, 2015). Authored by Therese L. Tully. This article observes assertions made against the popular ride-sharing company.

"Court clarifies pleading standard for notices of removal to federal court," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (January 21, 2015). Authored by Therese L. Tully. This article is an update to an earlier installment of Tully's Law that presented the question of whether a defendant seeking to remove a case to federal court must present evidence supporting federal jurisdiction in its notice of removal.

"Lessons on the citizenship of LLCs and diversity jurisdiction,"" published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (December 11, 2014). Authored by Therese L. Tully. This article discusses the importance of properly tracing the citizenship of an unincorporated association in order to comply with Circuit Rule 28 and outlines the risk of failure to properly do so.

"High court to hear challenge to warrantless searches of hotel records," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (November 13, 2014). Authored by Therese L. Tully. This article discusses how the Supreme Court, in granting certiorari in City of Los Angeles v. Patel, No. 13-1175, may potentially limit - or expand - the ability of law enforcement to obtain hotel customers' data from hotel operators without a warrant.

"Taking time to reread the rulebook," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (October 8, 2014). Authored by Therese L. Tully. This article discusses recent amendments to Illinois court rules, including those governing pro hac vice admissions and the discovery of electronically stored information, as well as the importance of staying current on these rules.

"Tippling in town allowed only via rules ripples," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (September 17, 2014). Authored by Therese L. Tully. This article examines the municipal law governing the consumption of alcoholic beverages in "public ways" in the City of Chicago.

"Red-light camera class action awaits Illinois Supreme Court decision," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (August 18, 2014). Authored by Therese L. Tully. This article examines the challenge to the City of Chicago's red-light camera program.

"How will online parody play in Peoria?," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (July 30, 2014). Authored by Therese L. Tully. This article provides thoughtful elements that can help to distinguish a parody account from false personation.

"Ruling shows anonymous posting isn't so anonymous anymore," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (June 19, 2014). Authored by Therese L. Tully. This article examines Hadley v. Doe, 2014 IL App (2d) 130489, and Illinois law governing so-called "anonymous" postings on Internet message boards.

"Top court to assess ground rules for removing cases to federal courts," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (May 21, 2014). Authored by Therese L. Tully. This article examines how the Supreme Court, by granting certiorari in Dart Cherokee Basin Operating Co. LLC v. Owens, No. 13-719, may alter how notice of removals are handled in the federal courts.

"A useful process for local counsel to master," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (April 23, 2014). Authored by Therese L. Tully. This article presents steps to obtain depositions of Illinois residents in another jurisdiction or to obtain the deposition of a person residing in another jurisdiction for a state court case in Illinois.

"Tips for conducting effective internal corporate investigations," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (March 20, 2014). Authored by Therese L. Tully. This article provides tips on ensuring that internal investigations are conducted properly.

"How to use expert testimony in federal court," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (February 19, 2014). Authored by Therese L. Tully. This article includes key considerations to keep in mind when utilizing an expert.

"Counseling clients about responsible conduct under federal guidelines," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (January 14, 2014). Authored by Therese L. Tully. This article explores the pros and cons facing companies in the financial services industry in self-policing and self-reporting conduct to the federal Consumer Financial Protection Bureau.

"How the CFPB defines responsible conduct," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (December 16, 2013). Authored by Therese L. Tully. This article looks at how the Consumer Financial Protection Bureau, a regulatory agency created as result of the Dodd-Frank Act in 2010, defines "responsible conduct" for companies doing business in the financial services industry.

A 2-part series "A sneak peek behind the judge's curtain," and "Behind the judge's curtain again: five more tips from a former clerk," published in Tully's Law, a monthly feature in the Chicago Daily Law Bulletin. (October 14, 2013, and November 14, 2013, respectively). Authored by Therese L. Tully. These articles provide useful information from a former clerk's perspective on how attorneys can put their best foot forward in court.

"Lawlor: A Roadmap for Limiting Punitive Damages," Illinois Bar Journal (June 2013). Authored by Eric J. Muñoz. This article discusses how a key 2012 Illinois Supreme Court decision may provide a roadmap for businesses looking for ways to obtain substantial remittitur from large punitive damages awards. The article discusses practical considerations and other issues for litigation counsel looking for ways to take advance of this emerging trend in Illinois law.

"Expert Testimony - A Cautionary Tale," The Circuit Rider, The Journal of The Seventh Circuit Bar Association (November 2010). Co-authored by Gregory J. Scandaglia and Therese L. Tully. The article discusses the growing trend of litigants to rely too heavily on expert testimony in litigation, and the inherent risk associated with defining a testifying expert's role in the presentation of evidence. The article also provides important advice on how to avoid some of the pitfalls associated with proffering expert testimony and, in particular, addresses some of the nuances of offering expert testimony on mixed issues of law and fact.

"The Computer Fraud and Abuse Act: An Essential Tool for Employers" published in several Andrews Litigation Reporters, including Employment (February 9, 2010), Computer & Internet (February 17, 2010), Intellectual Property (March 9, 2010), Telecommunications Industry (March 2, 2010) and White-Collar Crime (March 25, 2010). Co-authored by William J. Ryan and René Hertsberg. The article provides an overview of the CFAA and key components of CFAA claims made by companies protecting themselves against former employees. The article also explains the current state of law surrounding CFAA claims, including differing interpretations of the law and discrepancies in how the law is applied. Finally, the article provides employers with certain strategies and procedures to help them solidify their CFAA rights and overcome this disagreement between courts, and offers several case examples in support of those strategies.

"Winning the Battle of the Forms," Illinois Bar Journal (July 2008). Co-authored by William J. Ryan and John B. Thornton. The article examines "battle of the forms" issues under the Illinois UCC that may arise when a sales transaction goes awry and the only evidence of the parties' agreement consists of form documents such as price quotations, purchase orders, and invoices or acknowledgments - each with their own set of terms. It also provides suggested contract language so that a party may increase the chance that its terms will control.

"Temporary Restraining Orders and Preliminary Injunctions," Chapter 9 of the Illinois Institute for Continuing Legal Education's Business & Commercial Litigation 2007 edition and 2009 Supplement. Co-authored by Gregory J. Scandaglia and William J. Ryan.

"Express Preemption and Premarket Approval Under the Medical Device Amendments," Food and Drug Law Journal (vol. 59, no.1), November 2004. Cited and quoted in Riegel v. Medtronic, Inc., 451 F.3d 104 (2d Cir. 2006). Co-authored by Gregory J. Scandaglia and Therese L. Tully.

"The Commercial Foreclosure Process in Illinois,"DePaul Business & Commercial Law Journal (vol. 2, no.2), Winter 2004. Co-authored by Gregory J. Scandaglia and Eric J. Muñoz.

"The Internal Corporate Investigation," DePaul Business & Commercial Law Journal (Vol. 1, 2002), Co-authored by former partner Honorable Thomas R. Mulroy, Jr. and Eric J. Muñoz.

"The Attorney and the Testifying Expert," CBA Record (Jan. 1996), Co-authored by Gregory J. Scandaglia.