AMS Thanks Jordan Larkin for His Service

Our thanks and deep appreciation go out to Jordan Larkin, and everyone serving our country, for their great sacrifice and commitment.

Jordan Larkin is a long time friend of AMS attorney Michael Fenger.

 

Honoring Our Veterans

Today we honor those who have sacrificed greatly to serve our country for past and future generations to come.   Thank you.

 

Illinois Supreme Court Rules on “Revenge Porn”

The Illinois Supreme Court has recently ruled that the sharing of private sexual images without the consent of the individual depicted in the image is not protected under the First Amendment’s freedom of speech.  Individuals should be careful in sharing such images as criminal charges are likely to follow.

Bethany Austin was charged with nonconsensual dissemination of private sexual images or “Revenge Porn” after she discovered nude pictures of a woman with whom her fiancé was having an affair and she forwarded said images to various family members and friends in an effort to explain why her and her fiancé’s relationship had come to an end.

Bethany shared an iCloud account with her then fiancé when the other woman sent nude pictures of herself to Bethany’s fiancé’s cellphone.  Those same images also appeared on Bethany’s iPad due to their data sharing arrangement.

After learning that Bethany had sent the nude images to other people, her fiancé contacted the police and Bethany was charged with a felony for distributing the images.  Bethany’s attorneys moved to dismiss the charge against her arguing that the Nonconsensual Dissemination of Private Sexual Images statute was unconstitutional in that the statute restricts freedom of speech and that the nude images were not private because the other woman initially shared them with Bethany’s fiancé.  The Judge agreed and dismissed the charge against her.  The State appealed arguing that the public distribution of truly private images is not constitutionally protected.

The Illinois Supreme Court ruled that the statute forbidding nonconsensual distribution of private sexual images was not drafted for the purposes of infringing free speech but to protect the privacy of individuals depicted in the images.  The Supreme Court concluded that the sharing of private sexual images is a truly private matter and rejected Bethany’s argument that a person who receives private sexual images acquires an ownership interest in those images allowing him or her to do with the images as he or she sees fit, including disseminating the images to others without the consent of the individual portrayed in the image.  The Supreme Court explained that though an individual may have consented to the initial recording of an image or may have taken the photo themselves, does not mean that they consented to the distribution of that image to individuals other than the intended recipient of the image.

The Supreme Court stated that Nonconsensual Dissemination of Private Sexual Images or “Revenge Porn” is a “unique crime fueled by technology”.  In a day and age where most people have access to cellphones and social media, there is an increased risk of private intimate images falling into the hands of individuals who were not intended to receive those images. Individuals should exercise extreme caution in sharing images but also in disseminating said images.

AMS Kicks Off Sock Drive for Area Shelters

On this day of tricks or treats we wanted to tell you about one of the ways AMS is helping make the upcoming winter season less scary for our area shelters…socks. Yep, it’s simple but lots of folks don’t have the resources to keep their feet warm as our city becomes cold.  Join us in meeting this need as we collect socks of all sizes, (mens, women & children) now through Friday, November 29th.  You can bring new socks to our office (210 1/2 N. Williamsburg Drive) Monday-Friday, 8:15am – 4:15pm. Or, if you are out & about in the evening, First State Bank (204 N. Prospect Rd. in Bloomington) has graciously agreed to partner with us as a collection site. Their drive thru is open Monday-Saturday 7:30am-10:00pm.  Here’s to treating our community to warm feet!

Socks, Colors, Winter, Socks, Socks

Spotlight on AMS Attorney Derek Luster & His Specialty in Risk Management

Derek J. Luster is a Risk Management Consultant with Allison & Mosby-Scott Risk Management where he assists clients in a variety of risk management areas, including program design, merger, acquisition and divestiture due diligence and contract review.  In addition to being a Risk Management Consultant, Derek is also an Attorney with the Law Office of Allison & Mosby-Scott where he focuses his practice on commercial and business law, captive insurance and mergers and acquisitions. He works closely with President of AMS Risk Management Michael T. Scott.

Derek leverages his 12-plus years of legal and risk management experience and his broad knowledge-base to assist clients in resolving complex risk management issues so they may reach their goals.

Prior to joining the firm, Derek was Senior Counsel, Mergers & Acquisitions at Archer Daniels Midland Company (ADM), a publicly-traded, Fortune 50 company. While in this role, Derek was entrusted with handling extraordinary large and complex cross-border transactions, including a $3 billion acquisition of a European flavorings business, the $1.3 billion sale of ADM’s cocoa processing business to a sovereign wealth fund, the $400 million sale of ADM’s chocolate business to a direct competitor of ADM and the $120 million sale of ADM’s Crop Risk Services to a private buyer. Before taking on the role of Senior Counsel, Mergers & Acquisitions, Derek served as Senior Counsel – Business Law at ADM, handling multiple sensitive and complex transactional and commercial issues.

A native of Central Illinois, Derek grew up in a small farming community prior to attending college at Southern Illinois University Carbondale. When enrolled there, he received a Bachelor of Science in Finance, with specializations in both Investments and Banking, and a minor in Accounting. Derek then attended Southern Illinois University School of Law while also working for ADM’s Insurance and Risk Management Department.

 

 

Small Business Guide to Cyber Security

Allison & Mosby-Scott understands how hard you work for your business’ success & we want to help you protect it.  The key principles outlined in this article on cyber security will help you do just that!  If you have any questions regarding how to protect your business please contact us at 309-662-5084, we’d be happy to assist you.

Small Business Guide to Cybersecurity