Unsafe Claims

Most HCG diet products are marketed in conjunction with extremely low calorie diets – as low as 500 calories a day. These diets claim consumers will lose up to 30 pounds in 30-40 days.

The problem is, any weight loss experienced is a result from severe calorie restriction – not from HCG. The FDA has approved HCG as a prescription drug for the treatment of female infertility and other medical conditions – but not for weight loss. Its prescription drug label states there “is no substantial evidence that it increases weight loss beyond that resulting from caloric restriction, that it causes a more attractive or ‘normal’ distribution of fat, or that it decreases the hunger and discomfort associated with calorie-restricted diets.”

A Dangerous Diet

Eating 500 calories a day is extremely dangerous, and can leave you at an increased risk for gallstone formation, an imbalance of the electrolytes that keep the body’s muscles and nerves functioning properly, and an irregular heartbeat. Without constant medical supervision for a condition such as obesity, such a restrictive diet could even be fatal.

FDA Legal Action

It’s illegal to sell products claiming to contain HCG as an OTC drug product. Companies marketing and selling these products could face enforcement actions, legal penalties or criminal prosecution. The FDA also advises consumers who have purchased homeopathic HCG for weight loss to stop using it, throw it out, and stop following the dieting instructions.

If you or a loved are on an HCG diet and have experienced any illnesses while taking HCG, contact Robert D. Rowland.

Cyclo-cross isn’t a typical bike race. It’s a fast course on pavement, wooded trails, grass, steep hills and obstacles requiring the rider to quickly dismount, carry the bike while navigating the obstructions and remount. And since races are usually held during the Fall and Winter, rain, wind, snow – and mud – is common. Competitors often change bicycles mid-race so mud can continually be power-washed washed off in the pit area. Falls are common in cyclo-cross, and so are broken bones.

Elizabeth began competing in triathlons after graduating from Beloit College in 1980. A natural-born competitor, she decided to switch to cycling, and has continued to pursue it as a passion over the years.

“It’s no walk in the park. When you’re 54 you’re as old as your mother used to be. I think I’m crazy, but then I see others out here who are just as crazy as I am,” Elizabeth says. “I’ll keep doing it as long as I can.”

Elizabeth Heller (L) takes 2nd place in the UCI Master's World Championships

I chose to volunteer because I wanted to do something to help out in the community and I knew I wanted to work with kids. In order to be appointed as a CASA advocate, you have to be committed to the cause – you must complete a 16-hour training course and be sworn in by the Judge. CASA advocates dedicate their hearts and minds to improving life for children in St. Louis, maintaining the child welfare system’s focus on the child. It’s my responsibility to provide the court a full picture of a child’s life and recommend what I think is best for him or her. CASA advocates can truly change the lives of abused children by helping them move from foster care to safe, stable homes where they have a chance for a brighter future.

Here’s an example of how a case can unfold: my very first case involved an infant who was left in a car on a hot summer day, as his mother passed out from drug use. Once the child was taken into custody by Children’s Division and placed into relative foster care (with a Great Aunt), the Court became his legal guardian.

The main goal, as with any case, is reunification with the child’s biological parent(s). In order to do that, the parent(s) is/are required to complete Court required services. In addition to a parenting course and psychological evaluation, this child’s mother needed to complete drug rehabilitation. She was in and out of several programs, but kept relapsing. She finally determined that she was not and would not be in a good place to raise her child. Currently, she has found a program that is working for her, but she still granted permission for the child’s Great Aunt to have guardianship so that he could get out of the Children’s Division custody. If, in the future, the mother is able to provide a stable, healthy lifestyle, she can petition the court for custody of the child.

During this entire process, the CASA advocates “speaks” for the child – giving them a voice in all critical decisions affecting their well being while in foster care.

It’s been a rewarding experience, and I’m glad I decided to volunteer my time. If you would like more information on Voices for Children, or are interested in volunteering or becoming a CASA advocate, visit their website at www.voices-stl.org.

In 2002, the Food and Drug Administration approved INFUSE for only one type of spine surgery – anterior approach lumbar fusion. It has not been approved for any other type of spine surgeries, such as lateral or posterior approach lumbar fusion surgeries, or for surgery on the neck or cervical spine (the portion of the spine that runs from the shoulders to the head).

Despite its limited authorized use, INFUSE has been used off-label in surgeries on the lumbar or cervical spine for many patients. Today, as much as 85% of INFUSE use is off-label. In cases like these, when any drug or medical device is used off-label, the surgeon must fully disclose any and all risks prior to the surgery, so that the patient may make an informed decision as to whether or not to proceed with the surgery.

In June of 2011, a medical journal called The Spine Journal criticized earlier studies by physicians with financial ties to Medtronic that supported the widespread use of INFUSE. The Spine Journal charged “biased and corrupted research,” alleging the studies greatly understated INFUSE’s serious side effects and risks. In fact, in none of the 13 trials funded by Medtronic were any adverse events disclosed.

U.S. regulators and other research has now shown that up to 50% of patients who have received an INFUSE implant have suffered adverse effects, including ectopic bone growth, uncontrolled bone growth, swelling in the neck and throat, infection, inflammatory cyst formation, cancer, and infertility in men.

Have you or a loved one suffered side effects after receiving an INFUSE implant? Contact Robert D. Rowland.

A quick Google search will lead to countless websites selling HCG, and any search for HCG side effects is filled with ads promoting the substance. Like many other diet fads, there is a lack of long-term research on side effects that can be caused by adding this hormone to your diet at such a high level.

The FDA has not approved HCG for weight loss, and is advising consumers to avoid all HCG weight loss products. Along with the Federal Trade Commission (FTC), they have issued letters to companies warning them that they are selling illegal homeopathic HCG weight-loss drugs that have not been approved by FDA, and that make unsupported claims. The FDA advises consumers who have purchased homeopathic HCG for weight loss to stop using it, throw it out, and stop following the dieting instructions.

If you or a loved are on an HCG diet and have experienced any illnesses while taking HCG, contact Katie A Hubbard.

Nearly 20 percent of all pregnancies in the United States result in early labor, and an estimated one million women are treated with Terbutaline or similar drugs to halt early contractions every year. The use of Terbutaline for use in pre-term labor and premature birth is not approved by the FDA. In fact, in 1997 the FDA issued its first warning concerning the potential dangers associated with the use of Terbutaline for the treatment and prevention of pre-term labor.

Studies show a link between the use of Terbutaline during pregnancy and an increased risk of brain damage and cognitive deficits, which may become noticeable at infancy, continue through adolescence and cause permanent disabilities. Researchers at Duke suggest that exposure predisposes newborns and infants to fall victim to particular ailments and medical conditions later in life.

The National Asthma Education and Prevention Program has now recommended women with asthma no longer take Terbutaline while they are pregnant, as the drug may penetrate to the fetus and affect brain development.

Terbutaline is sold under the brand names Brethine and Bricanyl. If you or a loved one has suffered from the effects of this drug, contact Robert D. Rowland.

The results of the Actos study showed an increased risk of bladder cancer among long-term users of the drug, and a greater risk of bladder cancer among users exposed to the highest cumulative dose. The FDA is now requiring that new information about an increased risk of bladder cancer be added to the Warnings and Precautions section of the Actos label.

The FDA has also acknowledged a recent 10-years study in France, which suggests an increased risk of the bladder cancer with Actos use. As a result of this study, France has banned Actos, and Germany is advising doctors not to start Actos in new patients.

Symptoms of bladder cancer can include:
• Abdominal pain
• Blood in the urine
• Bone pain or tenderness
• Fatigue
• Painful urination
• Urinary frequency
• Urinary urgency
• Urine leakage (incontinence)
• Weight loss

If you or a loved one has suffered using Actos or pioglitazone, contact Robert D. Rowland.

The FDA warns that the risks of placing mesh through the vagina to repair pelvic organ prolapse may outweigh its benefits, as the number of adverse events has increased since it first issued a safety communication in 2008.

The most frequent complications reported to the FDA for surgical mesh devices for POP repair include:
• Erosion or protrusion of the mesh from the soft tissues
• Pain, including pain with intercourse
• Infections in the area of the mesh
• Urinary tract problems
• Bleeding from the mesh site
• Damage to nearby organs

There have also been reports of recurrent prolapse, neuro-muscular problems, vaginal scarring/shrinkage, and emotional problems. Many of these complications require additional intervention, including medical or surgical treatment and hospitalization.

In a study of almost 12,000 women, approximately 10% of women experienced mesh erosion within a year after surgery (Abed, 2011), and problems with the mesh tend to develop at least a month after surgery for POP (Caquant, 2008).

If you or a loved one have received a vaginal mesh implant and are experiencing issues, contact Robert D. Rowland to discuss your case.

Dr. Ricordi, the University of Miami’s Scientific Director and Chief Academic Officer of the Diabetes Research Institute, discussed his work as one of the world’s leading scientists in cell transplantation and diabetes research.

Dr. Ricordi is known world-wide for inventing the Ricordi® Chamber, a device that isolates large numbers of insulin-producing, or islet, cells from the human pancreas for transplantation into diabetes patients. He has performed the first series of clinical islet transplants that reversed diabetes after implantation of donor purified islets into the livers of diabetics. This procedure is now used worldwide by laboratories performing clinical islet transplants (and for you television fans, was even featured on an episode of Grey’s Anatomy). Dr. Ricordi has also authored more than 600 scientific publications and has been awarded 11 patents. Today, his goal is to develop a cure for type 1 diabetes.

Dr. Ricordi recently answered questions that shed some light on what drove him to research diabetes, how he came to envision the Ricordi Chamber, and how he approaches the ethical issues surrounding the transplantation of embryonic stem cells.

Having trained as a surgeon, how did you become interested in diabetes as a research topic?

“Before the residency in surgery I graduated from medical school with a thesis on diabetes and spent 2 years volunteering as a medical student in the major diabetes institute in Italy, which was then at H. San Raffaele Institute in Milan. When I then switched to surgery, my little cousin Serena from Italy was diagnosed with Type 1 Diabetes. Transplantation in diabetes and cure focused research became quickly my professional life’s mission. I see cellular therapies and regenerative medicine as the future of transplantation and believe one day we will not need to perform organ transplants any longer but prevent and treat organ failure with cells, stem cells and other regenerative strategies.“

The device you invented, the Ricordi Chamber, isolates islet cells from the pancreas for transplantation, thus allowing people with diabetes to begin producing insulin. How did you first envision this method and how long did it take you to create a working model?

“My early research work after the medical degree was to isolate large numbers of intact insulin producing cells from the pancreas to obtain enough insulin producing cells to reverse diabetes after transplantation. I soon realized that all methods used then (in the 80s’) were very traumatic, including the one then used in Dr. Paul E. Lacy’s laboratories at Wash U, which was based on a sort of a meat grinder modified and renamed “tissue macerator”. The idea to separate pancreatic islets (microscopic structures containing the insulin producing cells) using a non-traumatic technology to “disassemble” the pancreas came to me when I was still in Italy immediately after medical school. My university hospital did not have the resources or infrastructure to support the development of the idea, but they allowed me to go to the number one center in the world in this field, which was then Washington University in St. Louis, where the “father” of islet isolation and transplantation was working, Prof. Paul E. Lacy.”

Briefly, how does the Ricordi Chamber work?

“The Ricordi method, whose heart is represented by a chamber, consists in a full immersion, continuous flow process through a chamber of a solution of enzymes that are also injected in the organ through a network of ducts that deliver the “disassembling” enzymes all over the exocrine pancreas (98% of the organ that works to produce digestive enzymes and juices draining them in the intestinal tract), but without arriving directly to the endocrine islets that are instead “plugged” into the vascular system (but not to the ductal tree). As the digestion process begins inside the chamber by progressive heating of the solution containing the enzymes to active them (these enzymes work better at temperatures close to 37oC), a screen retain the undigested pancreas for further enzymatic /mechanical gentle disassembling action inside the chamber, while a constant flow “rescues” the progressively released islets that can pass through the screen and are therefore saved from any further enzymatic action by cooling and dilution.”

When it became clear that the Ricordi Chamber was effective, what did you consider as next steps toward its wider use?

“When I realized the utility of the method and the chamber and we made the first successful clinical islet transplants, I begin to freely distribute the blue prints of the system and collaborated with all scientists, surgeons, physicians and groups who were willing to join the battle for the cure of diabetes. Still today, I renounced to any economic benefit, royalty or other compensation that could derive from the diffusion, distribution and teaching of the Ricordi method. This allowed everyone to access the technology and contribute improvements over the years, very much with an “open source” and collaborative approach that characterize all my research activities, from the Diabetes Research Institute Federation to the newly established Cure Focus Research Alliance.”

How many patients have been treated with the Ricordi Chamber to date and what progress are you making with the issues surrounding rejection of the implanted cells?

“Around 1,000 patients worldwide have been treated so far with this method. The procedure is still experimental and the results have been progressively improving over the past two decades, with now long term function of the transplanted islets being similar to that of a pancreas (whole organ) transplant. A multicenter FDA Phase III trial is now undergoing in North America and Europe to move islet transplantation as an approved, reimbursable procedure for patients with the most severe cases of Type 1 Diabetes. However, the requirement for treatment of the recipients with anti-rejection drugs severely limits the number of patients that can now benefit from this procedure, as the possible risks and side effects of immunosuppression must be carefully evaluated against the benefits of the islet transplant. All research is now concentrating on methods to avoid the use of continuous recipient immunosuppression, from tissue engineering and local immunomodulation strategies, to methods to re-educate the immune system not to attack the transplanted islet cells and nano-scale or conformal coating barrier technologies, to physically protect the transplanted cells from the immune attack.”

One possible source of cells for transplantation are embryonic stem cells, yet there are many ethical issues surrounding their use. How do you approach this and you working on alternative strategies as well?

“Once transplantation without immunosuppression will be successful it will be impossible to meet the demand for insulin producing cells to treat patients with diabetes worldwide. There are now a little over 1,500/year suitable pancreases from deceased organ donors that could be used for transplantation in the US. With 24 million patients in the US alone and 300 million worldwide (growing to become over 500 million in the next two decades) this treatment would risk to become like winning a lottery in the absence of an adequate source of insulin producing cells. Human stem cells offer more than a hope at this point, since they have been already successfully converted into insulin producing cells and have successfully treated experimental models of diabetes. With a patient dying every 4 seconds, any deliberate obstacle opposing and delaying cure-focused research could be considered criminal. Like in organ transplantation you can discuss the sources of organ or tissues to be transplanted. For example we condemn and do not allow transplantation of organs from executed prisoners, practices still performed in other continents, but we now all agree on the need and usefulness to transplant organs. Similarly, when we receive a heart from a deceased donor, we do not necessarily endorse the cause of death, which could be suicide or the result of driving under the influence. Still, the moment an organ or tissue becomes available it would be criminal not to use it to save, for example, a child dying from heart failure. In the same context, while I understand that some groups of people can support or oppose abortion, no informed human being should oppose rescuing cells from a trash can following in vitro fertilization (cells that will never, ever have a chance to become a human life, which so far has required in-vivo implantation in a uterus). One could oppose in-vitro fertilization, but once this is recognized as a legal and legitimate practice, the excess unused cells that are thrown away after life has been already successfully achieved, should and must be used if they can lead us one step closer to the cure of diseases now afflicting humankind. As human beings and as a physician, not doing this would be unethical and in my view, criminal. The reason an ever decreasing number of people still opposes stem cell research is because they are not informed appropriately or they do not think at the consequences of their actions two steps ahead.”

Where do you see diabetes treatment in five years? You’ve been very vocal about ultimately curing diabetes. What’s your prediction for making this happen?

“I have no doubt that the cure for diabetes, like the cure of many other devastating disease conditions is within our reach. However, I am also deeply aware that an increasing number of regulatory, political, religious, economic, academic and institutional impediments are creating barriers to innovation and to the development of cures in our Country. To overcome these barriers we have recently formed the Cure Focus Research Alliance, but given the current limitations, we can only work with as much intensity and dedication as we can. A cure could indeed be within the next 5 years, but we cannot generate hype or spread false hope, as we are fully aware that it could take even more than 10 years. The difference in how long it will take to get to a cure will largely depend on how effective we’ll be in overcoming the barriers to innovation and the development of cures. For example we have begun by braking the barriers to collaborative international research programs, through the expansion of the Telescience platform technology that now allow as assemble collaborative project teams across oceans that could work like if they are physically in the same lab, looking at the same microscope, working shoulder to shoulder at the same bench, or brainstorming together to overcome the next challenge.

“Besides funding and milestone based management of cure focused research programs, one of the major obstacles towards the development of cures is the public misconception that whether or not we’ll get to a cure in the fastest and most efficient way possible will largely depend on what they, we, do collectively in the next 5-10 years, not just the scientists, not the NIH, for sure not the FDA or the big Multinational Pharmaceutical companies.

“To give a practical example, I like to say ‘5 to 10 years from now you (or your child) will be diagnosed with a now incurable disease. Your chances to cure it and survive will depend on what happens between now and then’.

“Don’t wait for a tragedy to affect you or your family to open your eyes to what we need to do and how much we need to work together as a team. All polarizing ideologies and views are generally wrong and based on emotions rather than reasoning and truth. It was the case when medicine and science were halted because of the dogma that illness and terminal diseases were a punishment from God, for sins committed in this life. It would be a similar mistake to delay the applications of stem cell research and regenerative medicine now, when we are facing epidemics of unprecedented proportions that feed a market that in the US alone represents 2.5 trillion/year of healthcare costs, already over 16% of the GDP and projected to become 4.4 trillion/year by 2018. Why I understand there could be strong economic interests opposing the development of cures, opposition to stem cell research from the very same people who will benefit from them should not be a factor and I would predict that reasoning and information will soon prevail over misinformation and emotionally charged propagandas.”

Read more about the Missouri Cures Event here. If you have any questions, please contact Thomas P. Rosenfeld.

“Digital assets” are considered to be any online account that you store on your computer or server. Today, nearly everyone has some type of online account including, but not limited to: multiple email accounts; social media networks like Facebook, Twitter, LinkedIn; photos on Flickr or Shutterfly; videos on YouTube; music libraries; documents on Google docs; medical records; online bank and investment accounts, online bill pay accounts; online shopping accounts like Amazon; and blogs or websites.

Without the proper planning, these digital assets can be very difficult and overwhelming to manage and access after a person dies. Three main questions come to mind: Who do you want to leave in charge—spouse, family member, or third party? How will they locate all of the accounts? And, how will they gain access to each account?

The first step is to create an inventory of all your digital assets. From there, an attorney can help advise you as to whether a will, separate document, trust, or online afterlife company is right for your planning needs.

There are many benefits of planning for digital assets, including: making things easier on executors and family members; preventing identity and content theft; and preventing losses to the estate. Take a few moments and start on your digital estate plan today. As the old saying goes: “failing to plan is planning to fail”.

Should you have a question or would like to discuss your estate plan, please contact Holly A. Reese or Teri L. Havron.

In Pliva v. Mensing, MN resident Gladys Mensing and LA resident Julie Demahy both sued Pliva and other generic manufacturers under their respective state laws, after they developed a severe neurological disorder after taking generic versions of the drug Reglan for digestive tract problems in the early 2000s. The drug contained the active ingredient metoclopramide, and the women alleged that the manufacturers had a duty to strengthen their warning labels as problems related to the long-term use of metoclopramide became evident.

Justice Clarence Thomas, writing for the majority, held that since federal regulations regulate generic drugs to have the same warning labels as their brand-name equivalent, this pre-empts any state personal injury law that would allow an individual to sue manufacturers for an insufficient label. Under most states’ laws, drug manufacturers must update their warning labels as they became aware of new risks. Justice Thomas even acknowledged that it “makes little sense” that those individuals injured by generic drugs have no state failure-to-warn claim when those injured by brand-name drugs do.

Justice Sotomayor, noted in dissent: “A drug consumer’s right to compensation for inadequate warnings now turns on the happenstance of whether her pharmacist filled her prescription with a brand-name drug or a generic. If a consumer takes a brand-name drug, she can sue the manufacturer . . . if she takes a generic drug, as occurs 75 percent of the time, she now has no right to sue”.

The Mensing decision is a victory for pharmaceutical companies and a defeat for injured consumers. There are still ways to hold some generic manufacturer’s liable for failure to warn of known dangers presented by their drugs, but the road to compensation just got a lot steeper.

Have you been harmed by a prescription drug – brand-name or generic? Let us help. Contact Robert D Rowland.

Andrew McCarrell, 38, became sick after taking the drug for several months in 1995. He needed five surgeries, including one to remove his colon, and suffers daily pain and anguish from Accutane IBD. He won the verdict after NJ judge Carol Higbee denied Roche’s request for a new trial or remittitur.

One of the first Accutane cases to reach a jury in the United States, the case was originally filed in 2003 and first went to trial in 2007, resulting in a jury award of $2,619,000. The case was remanded for a new trial when Roche requested to introduce evidence on the total number of Accutane users.

The nine jurors ruled unanimously that McCarrell deserved $25 million in compensation for pain and suffering and $159,000 for past medical expenses. McCarrell claimed Roche violated New Jersey’s consumer fraud law.

Judge Higbee denied Roche’s requests for a new trial or a reduction in awarded damages to McCarrell, indicating that she found no sense of “wrongness” in the jury’s award in a 47-page opinion, stating:

“[McCarrell's] testimony and that of his wife and doctors presented a picture of probably the worst case of pain, suffering and loss of quality of life I ever heard described on my eighteen years on the bench.”

It doesn’t matter when you took Accutane or how long it took for your symptoms to appear – if you feel as though your personal use of Accutane has caused you issues, please contact Robert D. Rowland.

Illinois and Missouri are among 45 states which have adopted the UTSA. Although certain provisions of the UTSA vary from state to state, all versions share three common elements: (1) the definition of a “trade secret”; (2) the type of the conduct that violates the Act; and (3) the general legal remedies available to a business which suffers harm as a result of the violation.

The UTSA defines “trade secret” broadly. Information need not approach the value of Coke’s secret formula to merit protection. Instead, the UTSA protects all information that satisfies two general criteria. First, the information must have competitive value because it is not generally known or readily ascertainable by third parties. Second, the owner of the information must use reasonable measures to keep it confidential.

The type of information the UTSA protects ranges from the mundane too the arcane. Examples include marketing plans (Bruswick Corp. v. Jones, 784 F.2d 271 (7th Cir. 1986)); customer lists (Stampede Tool Warehouse, Inc. v. May, 272 Ill. App. 3d 580 (3d Dist. 1995)); and profit data for construction projects (Brestron v. Warmann, 190 Ill. App. 3d 87 (3d Dist. 1989)). On the other hand, a customer list that can be compiled easily from public sources is not a trade secret. (Carbonic Fire Extinguishers, Inc.; 190 Ill. App. 3d 948 (1st Dist. 1989).

As these examples illustrate, virtually every business compiles and uses valuable information that may qualify for protection under the UTSA. But competitive value alone will not suffice; a business must also take reasonable measures to protect its confidential information. The necessary steps run the gamut from a locked file cabinet to sophisticated computer password protection. The greater the efforts to maintain confidentiality, the more likely the information will be regarded as a trade secret.

What procedures should your business employ? The answer depends on the nature of the business and the type of information. For instance, a verbal warning to newly-hired employees and a closed file drawer may be enough to protect the customer list of a “mom and pop” business. Elmer Miller, Inc. v. Landis, 253 Ill. App. 3d 129 (4th Dist. 1993). On the other hand, a larger, more sophisticated business must exercise greater precaution than a generic confidentiality statement in an employee manual. Gillis Associated Industries, Inc. v. Cari-All, Inc., 206 Ill. App. 3d 184 (1st Dist. 1990). And even the use of signed confidentiality agreements will not suffice where an employer routinely distributes confidential information to trainees before they sign the agreements. George May International, Inc. v. International Profit Association, 256 Ill. App. 3d 779 (1st Dist. 193).

The most prudent course of action is to require employees to sign confidentiality agreements, adopt common-sense policies for storage and retrieval of confidential information and, most important, follow those policies. A business which follows these guidelines will likely qualify for protection under the UTSA. And the UTSA offers significant protections: if a court finds that a trade secret has been misappropriated, it can prohibit disclosure, award damages—including punitive damages—and reimburse a successful litigant for legal costs, including attorney fees.

Misappropriation means any unauthorized use or disclosure. For instance, an employee who discloses confidential information in violation of a confidentiality agreement is guilty of misappropriation and will be subject to liability under the UTSA. Misappropriation may also occur even if there is no confidentiality agreement. Every employee owes his employer a general fiduciary duty of loyalty. An employee violates this duty—and is guilty of misappropriation under the UTSA—if removes or reveals confidential information without his employer’s authorization. RKI v. Grimes, R.K.I., Inc. v. Grimes, 177 F. Supp. 2d 876 (N.D. Ill. 2001).

Every business—large or small—should take advantage of the benefits and protections offered by the UTSA. The first step is to identify the information that gives you a competitive edge. The next step is to implement reasonable, common sense procedures to keep this information confidential. These simple steps will give a small business the level of legal protection for confidential information that the Coca Cola’s of the world enjoy.

If you have a question about trade secrets or any Business and Commercial Law topic, contact David Antognoli.

1. Plan your studies.
Many students go to college unsure of what career they want, however, there are multiple studies that lend themselves well to a future in law school. Advertising and/or marketing courses can lead to an interest in the business side of law; philosophy courses can develop analytical thinking; and political science classes can provide great insight into current events. Law requires an analytical side, a writing side and a persuasive side – all skills that can be developed in college.

2. Join your Mock Trial team.
Your school’s mock trial team is a great place to get a feel for law, hone your skills and decide if being a lawyer is the right future for you.

3. Understand the difference between “TV law” and reality.
Hooked on Law and Order? There’s much more “behind-the-scenes” work that a lawyer does – and every case doesn’t fit nicely into 60 minutes. The process is more intensive, and takes much, much longer in real life.

4. Know yourself and what you want.
Once you decide you want to be a lawyer, focus on what you want to do – how you want to practice law as a whole and which practice area you want to get into. Use your undergrad time to try new things out – study abroad, take new classes, or get work experience. Working for a law firm during college is a great way to really learn what lawyers do. As a file clerk, you’ll run papers between the firm and the courthouse – it may not be intensive work, but you’ll be around lawyers all day. You’ll also get introduced to the court system itself, and experience its administrative side.

5. Use social media to advance your law career.
But use it wisely. Potential employers as well as potential law schools can use it to research you, too. On the plus side, it can be a tool to help you reach out to people involved in law: an admissions person, a current student, an HR contact, etc.

6. Know what to do after undergrad graduation.
There’s a lot of paperwork and a lot of research to prepare for when applying to law schools. Look at the programs the law schools’ offer, the reputation of the school, and the individual programs.

7. Prepare, practice & perform the LSATs.
They’re basically the entrance exam for law school. In terms of preparing, the questions that the LSAT asks aren’t specifically about being an attorney. The LSAT is a test about whether or not you can take the LSAT. You must learn what the LSAT is asking you to do, practice and then perform.

So what is the LSAT asking you to do?
There are three sections: logical reasoning, analytical reasoning and reading comprehension. It’s a test in learning something you’re completely unfamiliar with and being able to perform. Which is what it’s like to practice law. When a person comes to the firm with a problem, a lawyer has to learn as much about that specific problem, prepare a case and then perform. Are you willing to take the time, learn and prepare?

8. In doubt? Reach out.
If you’re an undergrad who wants more information about law school, the best resource is a lawyer. Most lawyers like to help out people who want to do what they are doing. Just remember that you’re reaching out to a professional. It should be a professional email or professional phone call. Everyone has to eat, so maybe try to schedule a morning coffee or a quick lunch.

Kevin Green is an associate in the Business and Commercial Law department. Contact him with questions.

Listen to a podcast of this interview with Kevin Green here:
Download audio file (GHAR-3-MAIN-EDIT.mp3)

A recent Illinois Supreme Court decision (Italia Foods, Inc. v Sun Tours, Inc.) makes the Federal junk fax statute enforceable by private lawsuit in Illinois state courts.

TCPA provides a private right of action for enforcement purposes, and allows for the following:
A) An action based on a violation of that subsection of the TCPA or the regulations prescribed under that subsection to enjoin such violation,

(B) An action to recover actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or

(C) Both such actions.

If it is determined that the violation was willful or knowing, treble damages may be awarded.

Italia alleged that during a two year period, the defendants violated TCPA by faxing it 28 unsolicited advertisements for discount travel, and faxed similar advertisements to more than 39 other recipients without prior permission.

The IL Supreme Court determined that no enabling legislation was necessary from the General Assembly, but did not decide if the Illinois two year statute of limitations should apply, or the four year federal statute of limitations. That determination will be made by the appellate court as the case moves forward.

If you have a question about this subject or any Business and Commercial Law topic, contact Holly A. Reese.

Tips on how to pick the personal injury attorney that’s right for you: an interview with GHAR attorney Robert Rowland.

What does personal injury law cover?
Personal injury law covers slipping and falling, auto accidents, medical malpractice, pharmaceutical cases – just to name a few.

What should someone look for in an attorney?
A key consideration is to look for an attorney who has experience representing plaintiffs, but who also has experience working for the defense. An attorney with this understanding will have the knowledge of how both sides work – and they’ll know how to get the best and fastest results for their clients. It’s especially important for people with personal injury claims, as they’re for the most part in dire financial straits and don’t have a lot of time to wait.

What are the top 3 things to consider when hiring an attorney?
1. Experience: You want someone who has experience in the specific type of case you’re dealing with.
2. Support and resources: Make sure they have the lawyers and resources to handle a substantial case.
3. Personal connection: The connection you have with your attorney is like any other business/working relationship. Make sure you get along with the person that’s going to be representing you. It’s also ok to ask for a recommendation from a former client.

How much should your lawyer charge?
There is a standard fee – an amount that goes to the lawyer if they claim anything through settlement or verdict, normally 1/3 or 40%.

It’s fair to ask a lawyer up front, “What do you think about this case?” If you’ve hired an experienced lawyer who has handled a case like yours, they should be able to provide you with insight, and know the appropriate fee.

What should people do if they have anxiety about lawyers?
You can always ask for a second opinion by asking another lawyer his or her thoughts on your case. But don’t see another lawyer if you already have hired a lawyer. Also, do research on the law firm: how long have they been around? What’s their reputation? There are some smaller law firms that ask their clients to front the cost of the case, which is normally a red flag. Ask the lawyer if they’ve ever tried a case, because some may have only dealt with settlements. Also ask, “Do I have to pay if we lose?” The answer should be no, but that may not necessarily be true with every firm.

What happens once you hire a lawyer?
After you’ve decided to hire an attorney, they’ll normally send you a contract of employment along with authorizations. Authorizations allow the lawyers to obtain copies of your medical records and medical bills which can be used in the case. If the person has suffered a loss in income they’ll get wage authorizations, which determines how much they’ve lost. Typically it will take ninety days to six months to get authorizations and records cleared. Unfortunately, there’s nothing the lawyer can really do to speed up the time it takes for doctors to clear these requests. The lawyers may also make settlement demands before they file the lawsuit – if it allows the client to get compensated quicker, it also gives them time with the information before they file the lawsuit.

How often should you expect to speak with someone in the firm that’s representing you?
Once you’ve returned the authorizations, six months is the absolute longest you should have to wait to hear form your attorney. It’s the most time it could take for them to receive your records. After that point, it’s absolutely ok to call and ask about the status of your case. Remember: it’s your case, it’s not their case.

After this point, you should keep up with your attorney on what has been filed for the case: a settlement demand, a complaint or petition, interrogatories (questions from the defense), and eventually the case itself.

How does a personal injury case end?
In the case of a personal injury settlement, there will be a deposition of everyone’s testimonies. Then your lawyer and you would have a conversation about what amount of money they’ll need in a settlement. This pertains to a client’s medical bills, loss of income, future loss of income, ongoing medical costs. You should also ask your lawyer: what are the chances this case will go to trial? Does it look like they’ll settle? Have you seen this sort of case before?

If you would like to discuss your personal injury case, contact Robert D. Rowland.

Listen to an interview podcast on this subject with Robert D. Rowland by clicking below:
Download audio file (GHAR-2-MAIN1.mp3)

Goldenberg Heller Antognoli & Rowland is sponsoring the Phoenix Crisis Center’s 6^th Annual 5K Freedom Run/ 1 mi Walk to celebrate freedom from domestic violence. All event proceeds will benefit the Center.

Phoenix Crisis Center’s 5 K Freedom Run

Saturday, July 30, 2011

Wilson Park Ice Rink in Granite City, IL

For more event info, contact phoenixcrisiscenter@gmail.com

For more info on GHAR’s role with Phoenix Crisis Center, contact Katie A Hubbard.

The Illinois Power of Attorney Act was recently amended, and became effective July 1, 2011. The General Assembly amended the law to make the statutory forms more user-friendly while providing more protection to the principal—particularly elderly or disabled persons—from financial abuse. For example, the agent’s standard of care to the principal is elevated to “acting in good faith using due care, competence, and diligence.”

Additional changes as of July 1st include:
• A procedure for the agent to certify that he or she has accepted the position as agent;
• A form for third parties to assure the POA presented is valid;
• Guidance on designating successor agents to act if an initial agent resigns, dies, or becomes otherwise unqualified to serve; and
• Additional limits on who may qualify to witness execution of the POA.

Pre-existing POAs executed before July 1, 2011 will remain valid and enforceable if they complied with Illinois law as it existed at the time of execution. However, this is a good time to review your estate plan to see if your powers of attorney need to be updated.

Should you have a question about the POA Amendments, or would like to discuss your estate plan, please contact Teri L. Havron.

Currently, Missouri is one of thirteen states to allow self-settled spendthrift trusts or “asset protection trusts”. A Missouri Asset Protection Trust, or MAPT, is an irrevocable trust designed to provide the grantor with protection from the claims of future unknown creditors while still retaining a beneficial interest in and certain powers over the trust. Under a MAPT, creditors cannot reach your trust assets to satisfy your personal obligations even if you become insolvent or bankrupt.

Who Should Consider a MAPT?
Any person wanting to protect their wealth from future risks and has a connection with the State of Missouri should consider a MAPT. Moreover, professionals who are exposed to litigation risk (such as doctors, lawyers, engineers, architects, or accountants), entrepreneurs, business owners and those who serve as officers or on a board of directors should seriously consider a MAPT.

MAPTs are inappropriate for any person who is trying to avoid the claims of current creditors, is currently involved in litigation, or is fraudulently trying to hide assets.

What is Required for a MAPT?
To qualify for a MAPT, the principal place of business or residence of trustee must be located in Missouri, or the presence of all or part of the administration must occur in Missouri. Thus, even an Illinois resident may potentially take advantage of a MAPT by appointing a qualified trustee who is a resident of Missouri or an entity that is authorized to act as a trustee within Missouri, to administer the trust.

Should you have a question or would like to discuss your estate plan, please contact Teri L. Havron.

The Benzene Plume
Various government agencies, including the Environmental Protection Agency (EPA), the IL EPA, and the IL Department of Health have determined that benzene and other hydrocarbons that compromise the Benzene Plume have leaked or have otherwise been released or discharged from the Shell refinery and/or other refineries located near Roxana, including one operated by BP or its predecessors, the associated pipelines and other facilities. Various volatile organic compounds (“VOCs”) have been found in the soil, the air, and in a non-aqueous layer of petroleum products of various depths on the surface of the groundwater under Roxana.

Health consequences for residents
The Benzene Plume has put the health of Roxana’s residents in serious jeopardy. Families have experienced health problems and conditions such as cancer, leukemia, autoimmune disorders, respiratory difficulties and headaches, among others.

Devaluation of property
The value of residents’ homes, property and land in Roxana has been severely diminished by the Benzene Plume. They are essentially trapped, forced to stay, or face selling at depressed values if at all.

A constant threat
Today, the Benzene Plume continues to threaten Roxana, and its residents continue to suffer from exposure to harmful vapors containing benzene, hexane, toluene, ethyl-benzene, xylene, n-hexane and other volatile, toxic chemicals that are known public health hazards.

The class action complaint
Goldenberg Heller, Antognoli & Rowland (GHAR), along with our co-counsel, recently filed a class action complaint on behalf of the residents of Roxana, IL for the Benzene Plume. The residents of Roxana did not consent for benzene and other hydrocarbon to settle and migrate under or near their properties, and deserve compensation. GHAR previously achieved a settlement as counsel for a similar suit concerning a hydrocarbon plume in Hartford, IL, and know that Roxana’s residents deserve justice for Shell’s failure to clean up, or otherwise address, the Benzene Plume for over 20 years.

If you have any questions regarding this class action suit, contact Holly A Reese.