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Illinois
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January 17, 2025
Walgreens Can't Hold Great-Grandson To Decade-Old TM Deal
A federal judge in Illinois has found that Charles Walgreen didn't break the terms of a deal he made a decade ago to not compete with the retail and pharmacy giant that his great-grandfather founded, which is now suing him over his commercial use of his last name.
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January 17, 2025
Insurers Needn't Cover Plastic-Maker For Worker Death Suit
Travelers and Zurich insurers don't owe indemnification to Ohio-based manufacturer Encore Plastics for a suit over a worker's death, a federal court ruled Friday, saying a "direct intent" exclusion applies to the underlying claims arising under an Ohio statute that authorizes employer liability for intentional torts.
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January 17, 2025
Little Caesars Reaches Deal Over 'Pizza Puff' Injunction Stay
Little Caesars has said it will immediately take down in-store and online references to its muffin-pizza appetizers as "pizza puffs" — ending a fight with the company that owns the trademark for the term over whether an Illinois federal judge should wait to enforce his injunction — but was given several weeks to phase out the phrase in drive-throughs.
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January 17, 2025
Polsinelli Commercial Litigation Vice Chair Joins Honigman
Honigman LLP announced the addition of Polsinelli PC's vice chair of commercial litigation on Thursday, saying his experience will support the growth Honigman anticipates in the commercial real estate market.
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January 17, 2025
Taxation With Representation: Simpson Thacher, Covington
In this week's Taxation With Representation, Eli Lilly and Co. buys a precision breast cancer program, Applied Digital Corp. enters a financing agreement for its high-performance computing business, Clearwater Analytics buys Enfusion, and Lantheus Holdings Inc. buys Life Molecular Imaging Ltd.
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January 17, 2025
Vanguard To Pay SEC, States $106M Over Surprise Tax Bills
The U.S. Securities and Exchange Commission was joined by dozens of state regulators Friday in announcing a $106.4 million settlement with The Vanguard Group Inc. over claims that the company misled investors about the heightened capital gains taxes they would have to pay on certain retirement savings accounts.
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January 16, 2025
7th Circ. Mulls Preemption Of HUD's Disparate-Impact Rule
A Seventh Circuit judge said Thursday he found it odd that a trade association for insurers was bringing a facial challenge to a U.S. Department of Housing and Urban Development rule governing disparate-impact claims under the Fair Housing Act that would effectively require "a 50-state survey to adjudicate."
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January 16, 2025
Crypto Firm DRW Wants Out Of SEC's 'Scorched Earth' Suit
The crypto-trading arm of DRW Holdings says it has become the latest target of the U.S. Securities and Exchange Commission's "scorched-earth enforcement campaign against the crypto-asset industry" in its bid to dismiss a suit alleging it engaged in more than $2 billion in unregistered crypto transactions.
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January 16, 2025
Google, Kove Settle Cloud Storage Patent Case
Google and Kove IO Inc. have settled claims that the technology behemoth infringed three of the Chicago software company's patents covering cloud storage technologies, the parties told an Illinois federal court, concluding a dispute similar to another involving Amazon where Kove won a $673 million jury award, plus interest.
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January 16, 2025
Allstate Hit With Class Action Over Driver Data Collection
Allstate illegally obtained the personal driving data of millions of policyholders via software embedded in third-party apps and secretly used that data to hike premiums, deny claims or drop policyholders from coverage altogether, according to a proposed class action filed in Illinois federal court.
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January 16, 2025
7th Circ. Judges Ask TSA Who Gets To Define 'Emergency'
A Seventh Circuit judge on Thursday questioned how much deference the court should give to the Transportation Security Administration's definition of an "emergency" in a railway's lawsuit claiming TSA skipped normal rulemaking procedures to impose cybersecurity mandates on freight rail companies without pointing to an emergency that warranted it.
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January 16, 2025
Amazon BIPA Suit Over Alleged NBA 2K Face Scans Settled
A gamer said Wednesday he reached a settlement with Amazon to end a proposed class action accusing the tech giant's web services provider of collecting facial scans of teens playing the popular NBA 2K video game without their knowledge or consent, according to a notice filed in Washington federal court.
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January 16, 2025
Madigan Racketeering Case Will Go To Jury
The Illinois federal judge overseeing a criminal racketeering trial against former Illinois House Speaker Michael Madigan and his longtime friend and political ally made certain Thursday that the jury will deliberate and decide the case, rejecting severance and acquittal requests on the last day of evidence.
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January 16, 2025
Hearthside Proposes $30M In Ch. 11 Key Employee Bonuses
The bankrupt parent of snack maker Hearthside Food Solutions proposed a pair of retention and incentive payment plans that would provide up to $30 million in bonuses to key employees in the company's Texas Chapter 11 case.
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January 16, 2025
Ill. Bill Seeks Refunds Of Excess Property Tax Revenue
Illinois local taxing authorities that exceed the previous year's property tax collection would need to disperse the excess to taxpayers under a bill introduced in the state House of Representatives.
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January 16, 2025
Biden's Imprint On The Judiciary In 6 Charts
President Joe Biden leaves office with 235 lifetime judges confirmed, just one more than President Donald Trump seated during his first term, and many firsts for diversity.
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January 15, 2025
CFPB Serves Up Consumer Protection Roadmap For States
The Consumer Financial Protection Bureau is handing off a baton to the states before President Joe Biden's term ends, laying out ideas for how state officials can forge ahead with key priorities — like curbing so-called junk fees — and tap the well of its guidance.
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January 15, 2025
Abbott's Toddler Nutrition Drinks Aren't Healthy, Parents Claim
A trio of parents filed a proposed false advertising class action in Illinois federal court Tuesday alleging Abbott Laboratories touts its toddler drinks sold under the Similac brand as nutritionally proper for children ages 12 months to 36 months, even though the products contain added sugar which is harmful to health.
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January 15, 2025
Dem AGs Want In On Case Challenging 'Dreamers' Healthcare
Democratic attorneys general from 14 states sought to intervene Wednesday in a Kansas-led challenge to a Biden administration regulation that allows DACA recipients to get federal health insurance through the Affordable Care Act exchanges.
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January 15, 2025
Madigan Testimony Requires Separate Trials, Ex-Friend Says
Michael Madigan's former longtime friend and political ally on Tuesday renewed his request to be separated from the ex-Illinois House speaker as they defend criminal racketeering and bribery charges at trial, arguing that Madigan's testimony amounts to an attack against the former lobbyist that is impossible for him to fend off.
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January 15, 2025
9th Circ. Eyes Undoing Trans Patients' Win In ACA Bias Suit
The Ninth Circuit seemed inclined Wednesday to strike down a trial court win for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, with two judges questioning why those employers weren't part of the case.
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January 15, 2025
7th Circ. Wary Of New Bribery Trial Sought Over FBI Interview
A Seventh Circuit panel appeared skeptical Wednesday of a sweepstakes machine business owner's argument that his roughly five-year bribery sentence should be vacated because his conviction was largely based on audio from an FBI interview that the original jurors shouldn't have been allowed to hear.
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January 15, 2025
FTC Brings Right-To-Repair Suit Against John Deere
The Federal Trade Commission slapped John Deere with a repair monopoly lawsuit in Illinois federal court Wednesday, adding to proposed class actions alleging the company illegally withholds access to needed repair tools from farmers, even in the face of mounting public pressure.
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January 14, 2025
Abbott, Novartis Settle HIV Test Patent Beef Ahead Of Trial
Abbott Laboratories, Novartis and Grifols have reached a settlement in a yearslong battle over a patent covering a method for replicating DNA, putting to rest the litigation less than a month before it was set to go to trial, according to an entry in Illinois federal court posted Monday.
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January 14, 2025
Enbridge Beats Ducere's Oil Transport Antitrust Suit
Enbridge Inc. beat Ducere LLC's suit accusing it of killing a pipeline terminal project to maintain its monopoly over crude oil transportation services in the Chicago area, after an Illinois federal judge pointed out Monday there are several non-Enbridge pipeline routes providing refineries with alternatives for moving oil.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.