1. Presented By: Stacy D. Fulco & Nicole D. Milos Las Vegas, Nevada August 4, 2015

2. » Stacy D. Fulco Stacy Fulco represents and works with retailers, restaurants, security companies and hospitality companies to defend premises liability matters. Stacy has the following experience and regularly provides these services for her clients: Claim evaluations, case value assessments and partnering with clients to reach the best possible outcome in a cost-effective manner. A successful dispositive motion practice resulting in case resolution. Handling all forms of ADR with a proven track record of successful outcomes for her clients. Litigating matters from case inception through discovery, trial and appeal. Providing insurance coverage analysis, tender letter preparation and handling of declaratory judgment and breach of contract actions. Assisting with vendor contracts to ensure proper coverage and protection from third party liability claims. Handling subrogation recoveries, worker’s compensation issues and lien recoveries, employer liability issues, as well as training and policy development. » Nicole D. Milos Nicole Milos represents retailers, property management companies, property owners, restaurants and security companies. Nicole’s practice focuses on: Risk Management and the Litigation of Tort, Contract, Fraud and Insurance claims. Nicole works with her clients to develop methods to avoid risk and minimize exposure. Ms. Milos’ past success and expertise extends to the following areas: Analyzing corporate practices and procedures to avoid claims and/or minimize liability. Evaluating claims and recommending defense strategies from case inception through appeal, if necessary. Drafting and arguing dispositive motions, including defending successful rulings at the appellate level. Negotiating settlements through ADR, mediations, pre- trials and communications with opposing counsel. Assisting clients to establish risk transfer strategies, including analyzing coverage issues and insurance policies and drafting tender letters demanding defense and indemnification.

3. » Provide a basic understanding of the different types of gun laws across the country; » Discuss the practical use and application of No-Gun signs; » Give a general overview of internal policy considerations; » Review of contract and security vendor issues; and » Evaluate liability for criminal acts of third parties involving a concealed weapon. August 4, 2015

4. Every company must make a business decision as to whether it will allow guns on its property. Our focus is evaluating potential civil liability and helping you minimize that risk while complying with state laws and internal corporate policies. August 4, 2015

6. (1) Unrestricted States Alaska, Arizona, Arkansas, Kansas, Maine, Vermont and Wyoming (2)Shall-Issue States Alabama, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, N. Carolina, N. Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, S. Carolina, S. Dakota, Tennessee, Texas, Utah, Virginia, Washington, W. Virginia, Wisconsin (3)May-Issue States California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, New York, Rhode Island, Washington DC August 4, 2015

7. Most Common = Handgun A Few Exceptions: Florida – “firearm” means any weapon which may expel a projectile by the action of an explosive; any destructive device; any machine gun Indiana – “firearm” means any weapon that is capable of expelling or designed to expel a projectile by means of an explosion Pennsylvania – “firearm” is any pistol or revolver with barrel less than 15 inches, any shotgun with barrel less than 18 inches Utah – “firearm” means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle or device that could be used as a dangerous weapon which expels a projectile with an explosive Illinois - handgun August 4, 2015

8. No-Gun Signs

9. » No-Gun Signs Allowed by Statute » Example – Illinois Section 65 (a-10): The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property … » Implied Use of No-Gun Signs » Where to Post No-Gun Signs » Example – Illinois Section 65 (d): Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property… August 4, 2015

10. Internal Policy Considerations: Why do we need a policy? August 4, 2015

12. Compliance with Local Laws Most states do not allow guns in the following locations: Bars; State buildings, local government buildings, courthouses, police stations, jails, libraries; airports; Hospitals, mental health facilities, nursing homes; Stadiums, arenas, and sporting events; Amusement parks, zoos, and museums; Colleges and universities; Public transportation; Public gatherings; Nuclear facilities. Most states allow guns in parking lots Define the terms of your policy, including “weapon” Take a position regarding signage Be consistent Develop methods of enforcement Re-evaluate your policy regularly August 4, 2015

13. Leases Property Management Agreements Association Agreements Franchise Agreements Vendor Contracts Independent Contractor Agreements Security Agreements August 4, 2015

14. Indemnification/Risk Transfer Compliance with State and Local Laws Signage Common Areas Notice Media Representation August 4, 2015

16. » Hypothetical Facts: ˃No-gun signs are NOT posted ˃Policy is to comply with state laws ˃No security at the restaurant ˃Argument between two customers & one has a legal concealed weapon ˃Customer with a gun shoots the other customer and a bystander by accident What are the liability concerns for the restaurant? Is there a duty to have security? August 4, 2015

17. » Hypothetical Facts: ˃No-gun signs are NOT posted ˃Argument between two customers in restaurant ˃One of the customers has a concealed weapon with a legal permit ˃Customer with a gun shoots the other customer and another customer by accident ˃Company has a policy of no guns allowed Liability issues? Should cafe have security? Impact of not using no-gun signs? August 4, 2015 XYZ COMPANY XYZ respectfully requests that customers no longer bring firearms into our restaurants or outdoor eating areas – even in states where ‘open carry’ is permitted – unless they are authorized law enforcement personnel.

18. » Hypothetical Facts: ˃No-gun signs are NOT posted ˃Uniform security officer at front of the restaurant ˃Argument between two customers ˃One of the customers has a concealed weapon with a legal permit ˃Customer with a gun shoots the other customer and another customer by accident Does the restaurant have a duty to provide an ARMED security officer? August 4, 2015

19. » Hypothetical Facts: ˃No-gun sign is posted – so NO GUNS ALLOWED ˃Store robbery takes place and the criminal shoots several customers ˃Took place in a state with NO civil immunity What are the liability concerns for store? TWIST: One of the victims has a conceal-carry permit but left his gun in his car b/c of the no-gun sign. Do the arguments change? August 4, 2015

20. » Hypothetical Facts: ˃Strip mall in Illinois ˃Property owner refuses to prohibit guns ˃Your restaurant (a lessee) has a national no-gun policy ˃Lease silent on issue (written before conceal-carry law passed) What can the company do about this problem? August 4, 2015

21. » Hypothetical Facts: ˃Restaurant in Ohio has a shooting ˃A no-gun sign is posted ˃Ohio has a statute which provides civil immunity to private businesses and property owners Is the restaurant automatically immune from civil liability for this shooting? ˃Things to consider August 4, 2015 Ohio Sec. 2923.126 (C) (2)(a) A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer. As used in this division, “private employer” includes a private college, university, or other institution of higher education.

22. August 4, 2015 Stacy D. Fulco, Partner Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC One N. Franklin, 10th Floor Chicago, Illinois 60606 Direct: #312/601-9682 sfulco@cremerspina.com BLOG: www.stacyfulco.com Nicole D. Milos, Partner Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC One N. Franklin, 10 th Floor Chicago, Illinois 60606 Direct: #312/980-3024 nmilos@cremerspina.com Questions or Comments?