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Illinois
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May 15, 2024
Anti-Trans Groups Fail To Block Wash. Youth Shelter Law
A federal judge on Wednesday threw out a lawsuit filed by two anti-transgender groups challenging a Washington state law intended to ensure shelter for teens seeking gender-affirming care or reproductive health services, ruling that speculating on possible injury was not enough to clear a standing hurdle.
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May 15, 2024
Metropolis, SP Plus Get Rare Early End To $1.5B Deal Probe
The U.S. Department of Justice has agreed to a rare early termination of its review of payments tech company Metropolis Technologies Inc.'s planned $1.5 billion deal for parking and logistics provider SP Plus Corp., after previously requesting additional information about the transaction.
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May 15, 2024
AstraZeneca Sales Reps Win Early Cert. In Gender Bias Suit
An Illinois federal judge on Tuesday granted a bid by workers to conditionally certify a collective in a lawsuit alleging AstraZeneca paid women less than men, giving the green light for notices to be sent out to female sales representatives who have worked at the pharmaceutical giant since late 2018.
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May 15, 2024
Masters Employee Cops To Selling $5.3M In Golf Memorabilia
A former employee of Augusta National Golf Club pled guilty Wednesday to stealing $5.3 million worth of memorabilia from the Masters golf tournament and selling it online, including a green jacket belonging to Arnold Palmer.
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May 15, 2024
$2.5M Atty Sanctions Ruling Befuddles 7th Circ. Judge
A Seventh Circuit judge seemed perplexed Wednesday over how to resolve the "interesting mess" he said a district court created by sanctioning a Chicago attorney $2.5 million for taking the wrong artist to trial despite that district judge letting the case proceed in the first place.
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May 15, 2024
Grocery Chain Outfox Files Ch. 7 After Closing All Locations
The parent company of Foxtrot Market and Dom's Kitchen & Market filed for Chapter 7 in Delaware, less than a month after the grocery chain announced it would be closing its 35 stores in Illinois, Texas and the Washington, D.C., area.
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May 14, 2024
Holland Adds Healthcare Transactions Partner In Chicago
Holland & Knight on Tuesday announced the arrival of attorney John Saran on its healthcare transactions team, who joins after nine years at Ropes & Gray LLP.
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May 14, 2024
Northwestern Settles Tax Law Prof's Age Bias Suit
Northwestern University agreed to settle a law school professor's age bias suit filed in Illinois federal court claiming he was given smaller raises year-over-year in comparison with his younger colleagues after he cast aside the institution's push for him to retire early.
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May 14, 2024
Judge Cuts Customer's Walmart Seafood Sustainability Claims
An Illinois federal judge has cut several claims from a consumer's proposed class suit targeting allegedly deceptive sustainability representations Walmart makes about its seafood, but left the door open for her to amend her allegations before going forward.
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May 14, 2024
Amazon Owes Atty Fees Plus $525M IP Bill, Cloud Co. Says
After an Illinois federal jury determined that Amazon owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, the Chicago software company asked a judge Tuesday to add $180 million in interest, while also arguing Amazon owes attorney fees for its surprise trial tactics.
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May 14, 2024
7th Circ. Seems Wary Of Jurisdiction Over Union Fund Misuse
Two Seventh Circuit judges on Tuesday pressed the U.S. Department of Labor to address how much authority individual employers had as part of an allegedly mismanaged multiemployer benefit fund, saying the question is crucial to determine whether the agency properly won a federal court injunction.
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May 14, 2024
Social Media Software Co.'s Deal Hurt Investors, Suit Says
Social media management platform Sprout Social was hit with a proposed class action alleging that it concealed that its growth following the acquisition of an influencer marketing platform was unsustainable and that it damaged investors when disappointing financial results and a guidance-cut announcement led to a share decline.
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May 14, 2024
White House Continues To Back Adeel Mangi For 3rd Circ.
The White House is standing by Adeel Mangi's nomination for the Third Circuit despite the path to confirmation being unclear and the vast opposition he's been facing.
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May 14, 2024
Insurer Files Another Suit Over Firm's Malpractice Coverage
After dropping a complaint in Washington federal court seeking a declaration that it does not have to indemnify Harris Sliwoski LLP for potential malpractice liability related to a $31 million judgment, Evanston Insurance Co. filed a similar action in New York on Tuesday.
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May 14, 2024
What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say
Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.
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May 13, 2024
50 Cent, GC Accused Of Federal Wiretap Violations
A liquor business consultant has told a New York state court that Curtis "50 Cent" Jackson and the rapper's general counsel violated federal and New Jersey wiretap statutes, after the court dismissed an earlier counterclaim lodged under the Illinois Eavesdropping Act.
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May 13, 2024
Ex-BP Manager Admits Trading On Inside TravelCenters Info
A former BP PLC senior manager has admitted engaging in insider trading over the British oil and gas company's planned $1.3 billion acquisition of TravelCenters of America Inc., according to court records entered Friday.
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May 13, 2024
Judge Invokes Barney As Shower Co. Seems Stuck On Purple
A shower building material maker that suffered a $5.5 million trademark loss over its use of the color purple and eventually settled the suit is likely violating that settlement, an Illinois federal judge said Monday, though he held off formally ruling so the parties could work out the issue.
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May 13, 2024
2nd Circ. Affirms Dismissal Of Bystolic Antitrust Suit
The Second Circuit issued its first decision under the high court's Actavis "pay for delay" ruling on Monday, affirming the dismissal of a case alleging that an AbbVie predecessor delayed competition for its hypertension treatment Bystolic through deals with several generic makers.
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May 13, 2024
E-Rate Requests Aren't FCA Claims, Law Group Tells Justices
The Washington Legal Foundation urged the U.S. Supreme Court to decide whether reimbursement requests for the Federal Communications Commission's E-Rate program are "claims" under the False Claims Act, arguing that a Seventh Circuit ruling that answered in the affirmative threatens wide-ranging consequences beyond the E-Rate program.
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May 13, 2024
False Ad AriZona Suit Not In Bad Faith, Fee Opposition Argues
A plaintiff represented by an attorney known for false advertising suits against food and drink companies is asking an Illinois federal judge not to award attorney fees to AriZona Beverages USA LLC after the court threw out claims that it falsely advertised some of drinks as "lite," saying there was no bad faith in pursuing the suit.
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May 13, 2024
'Prolific' Asbestos Injury Firm Accused Of Fraud, Racketeering
A "prolific" Illinois-based asbestos litigation law firm allegedly engaged in a yearslong scheme involving perjured testimony, suppressed evidence and baseless claims to extract as much money from as many companies as possible, according to one of the companies repeatedly targeted by the firm.
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May 13, 2024
Justices Decline To Hear $3.5B Insurance Surplus Case
A proposed class action accusing an insurer of failing to return an over $3.5 billion surplus of underwriting profits back to policyholder members will be litigated in Illinois state court, the U.S. Supreme Court ruled Monday, denying the company's bid for certiorari.
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May 10, 2024
Ill. Residents Ask Court To Void Alaskan Tribal Co. Loans
Six borrowers accusing an Alaska-based tribal lending company of making usurious loans at annual rates of as much as 700% or more have filed suit in Illinois federal court, saying it violated racketeering laws and must void the already existing debt.
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May 10, 2024
Bakery To Face Ex-Worker's Finger Scan Suit In State Court
An Illinois judge has remanded most of a suit accusing Gold Standard Baking Inc. of unlawfully collecting biometric data for timekeeping purposes, finding that claims related to fingerprint scans collected while she was a temporary worker could stand while captures made after she became a company employee were preempted by federal labor-contract law.
Expert Analysis
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Autonomous Vehicles Must Navigate Patchwork Of State Regs
With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Federal Policies Keeping Autonomous Vehicles In Slow Lane
In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.
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The Case For Culture Assessments In Sports Programs
As hazing allegations against collegiate sports teams and subsequent lawsuits become more prevalent, culture assessments can be implemented as a critical tool to mitigate risks including hazing, lack of gender equity and racism in athletic programs, say attorneys at Squire Patton.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Greenwashing And 'Greenhushing': Lessons For Fashion Cos.
While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why There's No End In Sight For BIPA Litigation
As the law governing the Biometric Information Privacy Act remains underdeveloped, courts have struggled with applying BIPA consistently, and have suggested the Illinois Legislature must make the effort to provide guidance, though there seems to be no appetite to do so from the state body, say Joseph Kish and Erica Bury at Segal McCambridge.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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7th Circ. Ruling May Steer ADA Toward Commuter Issues
Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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Opinion
Design And Utility Patents Should Get Same Obviousness Test
The principles of the U.S. Supreme Court's KSR v. Teleflex decision should apply to design patents in the pending Federal Circuit LKQ v. GM Global Technology case because both utility and design patents are subject to the same prohibition against obviousness, say Alexander Chen and Katja Grosch at InHouse Co. Law Firm.