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Illinois
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August 16, 2024
Atty Gets 32 Months In Prison For Bribing Chicago Alderman
An Illinois federal judge on Friday sentenced an immigration attorney and real estate developer convicted of bribing former Chicago Alderman Ed Burke to two years and eight months in prison, maintaining prison time is warranted because the lawyer initiated the bribe and tried to hide it from federal agents and the grand jury.
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August 16, 2024
Ch. 7 Trustee Can't Recover Tax Payment, States Tell Justices
A group of roughly two dozen states threw their support behind the federal government in asking the U.S. Supreme Court to overturn a ruling that forced the IRS to return a tax payment after a bankruptcy trustee argued it was a fraudulent transfer and recoverable under state law.
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August 16, 2024
Breaks In Union Work Axed Mechanic's Pension, Judge Says
A longtime mechanic forfeited his union pension by taking two multi-year breaks from accepting union-covered work, an Illinois federal judge ruled, siding with a union pension fund in its dispute with the mechanic over his pension eligibility.
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August 16, 2024
Taxation With Representation: Cleary, Kirkland, Skadden
In this week's Taxation with Representation, Mars Inc. sets a 2024 record with its $36 billion acquisition of Kellanova, Carlyle inks a $3.8 billion purchase with Baxter International Inc., and Performance Food Group Co. agrees to a $2.1 billion cash deal with Cheney Bros. Inc.
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August 15, 2024
Hytera Says Diligent Radio Retool Should Head Off Contempt
Hytera Communications Corp. Ltd. says it should not be held in contempt for allegedly failing to pay Motorola Solutions royalties on mobile radios it redesigned after getting slapped with a trade secret theft verdict, arguing that evidence proves that Hytera redesigned its products "module by module, line by line."
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August 15, 2024
7th Circ. Says Voluntary Departure Eligibility Limits Are Sound
The Seventh Circuit on Thursday rejected a Mexican man's challenge to a regulation that limits the availability of voluntary departure, saying Congress gave the attorney general the authority to whittle down who is eligible.
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August 15, 2024
Chemical Co. Inks $1.1M Deal To End 401(k) Row
A group of former Univar Solutions USA Inc. employees asked an Illinois federal judge Thursday to greenlight a $1.1 million deal to shutter their suit claiming the chemical company saddled their $978 million retirement plan with excessive administrative fees.
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August 15, 2024
Ill. Health Center Challenges NLRB Constitutionality
An Illinois health center on Wednesday filed the latest constitutional challenge to the National Labor Relations Board, urging an Illinois federal judge to block an NLRB prosecution over its decision to fire employees who allegedly provided fake Social Security numbers when they were hired.
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August 15, 2024
Caterpillar Must Face Illinois Ex-Workers' Genetic Privacy Suit
Caterpillar Inc. can't escape a proposed class action alleging it violated an Illinois genetic information privacy statute by asking job applicants about their family medical history, a federal judge ruled, rejecting the machinery manufacturer's assertion that it didn't intend to collect the data.
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August 15, 2024
Startup's Cannabis Payment Deal Dispute Can Move Ahead
An Illinois federal judge has preserved the bulk of a now-defunct cannabis payment startup's suit alleging Fidelity National Information Services drove it out of business by backing out of a partnership deal, saying that while there wasn't an enforceable contract, the startup sufficiently pled that FIS was misleading in its promises.
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August 15, 2024
Illinois Rep. Touts Bill To Train Immigration Court Attys
U.S. Rep. Delia Ramirez, D-Ill., said Thursday that a large number of defendants in U.S. immigration courts have no legal representation due to those courts having no policy to provide them with an attorney if they can't afford it and touted a bill she co-sponsored that would create a grant program to train more immigration attorneys.
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August 15, 2024
Banking Groups Sue To Thwart New Ill. Swipe Fee Restrictions
The nation's largest bank trade association and other industry groups sued Thursday to block Illinois from implementing a new state law that prohibits financial intermediaries from charging so-called swipe fees on the sales tax and tip portions of payment card transactions, arguing it conflicts with federal law and risks broader "chaos."
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August 14, 2024
Ill. Judge Trims Ex-Navistar Employee's Collective Wage Suit
A former Navistar employee can pursue wage claims against the manufacturer for allegedly mishandling meal breaks and shift differentials when calculating her pay, but she'll need to beef up allegations regarding protective gear to pursue those in the suit, an Illinois federal judge said Tuesday.
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August 14, 2024
Suit Over United Flight Plunge Remanded To Ill. State Court
A family that sued United Airlines for emotional distress after their December 2022 flight from Hawaii to California took a "precipitous dive" shortly after takeoff can pursue their claims in Illinois state court after a judge determined the suit doesn't belong in federal court.
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August 14, 2024
Wintrust Escapes BlackRock 401(k) Fund Suit
An Illinois federal judge agreed Wednesday to permanently toss a proposed class action against Wintrust Financial Corp. alleging mismanagement of an employee 401(k) plan, finding ex-workers hadn't plausibly alleged their employer violated federal benefits law by offering what they said were underperforming target-date funds.
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August 14, 2024
Feds Say Madigan, Former Ally Should Face Jurors Together
Prosecutors told an Illinois federal judge on Tuesday that former Illinois House Speaker Michael Madigan and confidant Michael McClain should be tried together this fall, saying a joint proceeding is proper for alleged co-conspirators in a criminal enterprise and they should not be allowed to shift blame to one another at individual trials.
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August 14, 2024
DoorDash Contract Can't Shield ID Service From BIPA Claims
Identity verification service Persona Identities Inc. shouldn't have been allowed to rely on DoorDash's contract with two drivers to redirect their biometric privacy claims from court to arbitration, an Illinois appellate panel has ruled.
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August 14, 2024
Rapper Gets Probation In Stolen Payment Card Scheme
A Chicago-area rap artist was sentenced to probation for his role in a nationwide wire fraud conspiracy that used payment card information stolen from the dark web to make purchases, including private jet flights and hotel stays.
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August 14, 2024
Candy Giant Mars Paying $36B For Pringles-Maker Kellanova
Snack food and candy giant Mars Inc. said Wednesday it has agreed to purchase Kellanova, the maker of Cheez-It and Pringles snacks, for $35.9 billion, including assumed debt, in a deal that "enables Mars to further shape the future of snacking" and is the largest merger announced all year.Â
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August 13, 2024
Take Me Out Of WDTX, Tech Supplier Cries
A Chicago tech manufacturer says LinkedIn profiles aren't enough to keep it from getting away from the Western District of Texas' U.S. District Judge Alan Albright in a patent case involving microchip patents brought by an ex-Microsoft executive's private equity-funded patent litigation outfit.
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August 13, 2024
Full 7th Circ. Asked To Review Tossing Of Protein Pouch Fight
A Florida-based protein powder maker is asking the Seventh Circuit to reconsider its upholding of a Wisconsin federal court's decision to toss its claims over allegedly defective plastic zipper pouches on the grounds that they were filed too late.
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August 13, 2024
Ill. Casino Can't Claim Immunity In Competition Row, City Says
An Illinois city wants the Seventh Circuit to deny a proposed tribal casino's appeal that seeks to undo a lower court order that found the municipality didn't discriminate against it by choosing three other competitors to operate the venues, arguing that sovereign immunity can't protect the case from dismissal.
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August 13, 2024
Wisconsin Bell Tells Justices FCA Doesn't Apply To E-Rate
AT&T subsidiary Wisconsin Bell Inc. told the U.S. Supreme Court on Tuesday that applying the False Claims Act to fraudulent E-rate program reimbursements means turning the "heavy artillery of the administrative state" onto private transactions.
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August 13, 2024
Kroger Blasts FTC's 'Head-To-Head' Competition Claims
Kroger and Albertsons have assailed the Federal Trade Commission's challenge to their merger, telling an Oregon federal judge that there's no need to preliminarily block the deal because the agency is pushing a "never before applied" theory that reducing head-to-head competition is illegal, which the grocery stores said is undone by the law and the companies' planned divestiture of 579 stores.
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August 13, 2024
'Delusional' Ex-Atty Gets 25 Years For Bank Embezzlement
An Illinois federal judge blasted a former attorney and real estate developer Tuesday as she handed him 25 years in prison for misappropriating a bank's embezzled money, saying he was "delusional" to assert he's a victim in the case. Â
Expert Analysis
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A Closer Look At The Federal Criminal Enforcement Slump
Former Deputy Attorney General Rod Rosenstein, now at King & Spalding, explains that the U.S. Department of Justice’s statistical reports reveal that federal authorities are considerably less productive today than in the past, as criminal prosecutions fell in 2022 in every major category, for reasons that are not entirely clear.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Ill. Justices Set New Standard For Analyzing Defect Claims
The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.
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A Look At Consumer Reporting In 2023, And What's To Come
The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight
An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Lessons Learned From 2023's Top ADA Decisions
This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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10 Steps To Reduce Risks From AI Employment Tools
In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.