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Illinois
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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.
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January 14, 2025
Regal Cinemas, 'Vague Laws' Slowed BIPA Case, Judge Says
An Illinois federal magistrate judge blasted Regal Cinemas for discovery disputes in litigation alleging the movie theater chain violated a worker's rights under Illinois' biometric privacy law by collecting fingerprint scans without informed consent, saying "most if not all" of Regal's objections to her information requests "are completely out of place."
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January 14, 2025
ACT Mouthwash Label Poses Risk For Kids, Parents Claim
Makers of ACT mouthwash deceived consumers into believing its brand of "kids mouthrinse" is safe for preschoolers when it's actually more dangerous due to its candy-like flavors that encourage children to drink it, potentially poisoning or killing them, according to a parent-led proposed class action in Illinois federal court.
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January 14, 2025
Cannabist Moves Illinois Oil Potency Case To Federal Court
The Cannabist Co. Holdings and its affiliated companies have removed to federal court a suit alleging they make products using highly potent cannabis oils without warning consumers that the amounts of THC are illegal in Illinois.
Expert Analysis
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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.
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Challenge To Ill. Card Fee Law Explores Compliance Hurdles
A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Illinois May Be Gearing Up To Ban E-Verify
Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Applying High Court's Domestic Corruption Rulings To FCPA
After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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John Deere Penalty Shows Importance Of M&A Due Diligence
The U.S. Securities and Exchange Commission's recent $10 million penalty against John Deere underscores the risks of not conducting robust preacquisition due diligence and not effectively integrating a new subsidiary into the existing compliance framework, say attorneys at Ropes & Gray.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Navigating The Complexities Of Cyber Incident Reporting
When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.