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Illinois
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July 17, 2024
Jimmy John's Biometric Info Suit 'Barely' Avoids Dismissal
An Illinois federal judge refused Wednesday to toss a putative class action alleging Jimmy John's LLC unlawfully records customers via technology embedded in drive-through intercoms in violation of the state's Biometric Information Privacy Act, but he remarked on the "thinness" of the allegations and said the complaint "barely" survives.
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July 17, 2024
Ill. Judge Signals Issue With Chicken Consumers' Expert
An Illinois federal judge signaled Wednesday that he was unlikely to allow chicken end users' economics expert to testify about damages they suffered in an alleged price-fixing conspiracy if the expert cannot focus his opinion on just the conduct allowed to be heard at trial.
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July 17, 2024
United, Union Pacific Must Face Genetic Privacy Suits
United Airlines and Union Pacific Railroad must face proposed class claims that they violated applicants' genetic information privacy rights by requiring them to disclose their family medical history during the hiring process, an Illinois federal judge said in separate orders Tuesday.
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July 17, 2024
Telecom Co. Stockholder Seeks Fees For Beefing Up Proxy
A shareholder of Consolidated Communications Holdings Inc. is suing for his legal fees in Delaware's Court of Chancery, saying he brought "substantial" benefits to shareholders by forcing extra disclosures about the company's pending $3.1 billion merger with Searchlight Capital Partners LP and the British Columbia Investment Management Corp.
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July 17, 2024
Benesch Accused Of Summons Error In Hospital Challenge
Benesch Friedlander Coplan & Aronoff LLP and two of its attorneys are facing a malpractice lawsuit by a nonprofit hospital alleging they failed to issue timely summonses in a lawsuit, leading to hundreds of thousands of dollars in legal expenses.
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July 17, 2024
Judge Says Atty Shouldn't Be Deported For Crash Scheme
A Michigan federal judge on Wednesday urged federal officials not to deport a Canadian attorney sentenced for his involvement in an illegal crash victim solicitation scheme, saying that outside of the scheme, the attorney has a "hell of a lot" to offer the community.
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July 17, 2024
Insurer Says No Coverage For Payment Software Sale Dispute
A management liability insurer told an Illinois federal court that it had no duty to defend sellers accused of fraud and other misdeeds as part of the sale of a payment processing company.
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July 16, 2024
EB-5 Investors Seek Sanctions Over 'Flight Risk' Defendant Info
Two dozen Chinese investors who alleged that $13.2 million worth of their investments in a Hawaii resort went missing has urged an Illinois federal judge to sanction developers for not giving them important case information, including contact information for one defendant who they said is an "obvious flight risk."
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July 16, 2024
FTC's In-House Kroger Case Delayed Until After Fed Suit
Kroger and Albertsons are getting a limited respite from the Federal Trade Commission's looming in-house merger challenge after an agency administrative law judge agreed to delay the case, but only until immediately after an Oregon federal court fight plays out.
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July 16, 2024
Ill. Judge Wants Expert Testimony Preview In Madigan Trial
An Illinois federal judge said Tuesday that he needs to hear more about potential testimony from certain Chicago politics experts and a proposal to research potential jurors before he decides whether either are appropriate for former state House speaker Michael Madigan's corruption trial.
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July 16, 2024
7th Circ. Says Foreign Retirement Not Shielded In Bankruptcy
A professor who filed for bankruptcy in Illinois can't protect his Canadian retirement account from creditors because the account is ineligible under a state law shielding accounts that qualify as retirement plans under the Internal Revenue Code, the Seventh Circuit ruled Tuesday.
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July 16, 2024
7th Circ. Backs Manufacturer Win In Worker's Retaliation Suit
The Seventh Circuit declined Tuesday to reinstate a lawsuit from a Black worker accusing a manufacturing company of firing him in retaliation for complaining about race discrimination with his union, saying there's no error in the lower court's decision despite it relying on his former plant manager's flubbed testimony.
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July 16, 2024
Chancery OKs $42.5M Brookfield-GGP Settlement, $11.4M Fee
Shareholders of mall operator GGP Inc. who sued in 2018 to stop its $9.25 billion acquisition by Brookfield Property Partners LP got the Chancery Court's nod Tuesday to settle the litigation for $42.5 million, including an $11.4 million fee for the plaintiffs' counsel and incentive awards for three shareholder plaintiffs.
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July 16, 2024
GNC Fights Claim 'Super Magnesium' Pills Are Subpar
GNC Holdings urged an Illinois federal judge Monday to toss a proposed class action alleging it falsely touted "Super Magnesium" supplements as having 400 milligrams of magnesium despite having less than half that amount, saying a consumer lacked standing to sue by failing to allege his own purchase was deficient.
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July 16, 2024
Durbin Probes ICE Healthcare Measures After Death Reports
Senate Majority Whip Dick Durbin, D-Ill., on Tuesday pressed U.S. Immigration and Customs Enforcement to explain its protections for medically vulnerable detainees after human rights organizations reported that the agency could have prevented most detainee deaths between 2017 and 2022.
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July 16, 2024
Pentagon, GSA Seek 'Record-Setting' Clean Energy Projects
The U.S. Department of Defense and the U.S. General Services Administration say they are going for "record-setting federal purchases of clean energy" in a joint statement seeking contractors who will be able to get multiple federal facilities running entirely on carbon-pollution-free power by 2030.
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July 16, 2024
Pet Store Chain Says AIG Unit Must Cover BIPA Claims
An AIG unit is misconstruing policy exclusions in refusing to defend Pet Supplies Plus in a class action alleging violations of Illinois' Biometric Information Privacy Act, the pet store chain told a Michigan federal judge.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
Walgreens Investor Sues Over Challenged Pharmacy Division
Walgreens Boots Alliance Inc. was hit with a proposed shareholder class action alleging it inflated share prices by concealing the lack of viability of its pharmacy division, which it eventually disclosed needed a major overhaul to become sustainable.
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July 15, 2024
Cook County To Double Restorative Justice Courts
Cook County Chief Circuit Judge Timothy Evans pledged Monday to more than double the county's so-called second-chance courts this year, praising their results so far in cutting recidivism by diverting young-offender prosecutions in favor of personal rehabilitation.
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July 15, 2024
Fiat Chrysler Gets More Infotainment-Defect Claims Slashed
A Michigan federal judge has further slashed a consolidated proposed class action alleging that certain Chrysler minivans and sedans had malfunctioning infotainment systems, axing some claims under Illinois and Pennsylvania consumer protection laws but allowing some claims under California and Florida law to proceed.
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July 15, 2024
Posner Can't Win Most Severe Sanctions In Ex-Staffer's Suit
An Indiana federal judge stopped short of granting the most serious sanctions requested by retired Seventh Circuit Judge Richard Posner in his defense of a $170,000 breach of contract suit brought by a pro se litigation "expert," including the dismissal of the case and a "significant monetary" penalty.
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July 15, 2024
Paul Hastings Adds Another Insurance Atty From Sidley
Paul Hastings LLP announced on Monday that it has added an insurance transactional lawyer to its Chicago office, reuniting him with two former Sidley Austin LLP colleagues who made the move last year.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
Expert Analysis
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Regulatory Trends Offer 4 Lessons For Debt Relief Providers
A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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A Rare Look At Judicial Interpretation Of LEG Exclusions
A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Navigating New Regulations In Healthcare And Other M&A
While notice requirements recently enacted in several states are focused on the healthcare industry for now, this trend could extend to other industries as these requirements are designed to allow regulators to be a step ahead and learn more about a transaction long before it occurs, say Kathleen Premo and Ashley Creech at Epstein Becker.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.