Illinois

Expert Analysis

• Perspectives

  Illinois Must Do More To Protect Consumers In Debt

  

  A recent Illinois Supreme Court order limiting debt collectors' ability to freeze personal bank accounts during the pandemic is progress, but it does not solve the underlying issue that debt courts are rigged against low-income people, says Ashlee Highland at CARPLS Legal Aid.

• Avoiding Inadvertent Privilege Waivers In E-Communications

  

  Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

• Limiting Employer Liability For Secondhand Virus Exposure

  

  While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.

• Assessing The Novel Antitrust Claims In Humira Case

  

  Indirect purchasers are accusing AbbVie of anti-competitive conduct through the use of so-called patent thickets to allegedly delay biosimilar versions of Humira — a theory that would potentially hold a pharmaceutical company liable for the acquisition and enforcement of its patents, raising important legal and economic questions, say analysts at Charles River Associates.

• 7 Considerations For BIPA Class Action Defense

  

  Jad Sheikali at Honigman outlines the ever-growing list of issues facing companies defending class actions under the Illinois Biometric Information Privacy Act and how jurisdictional pitfalls and recent developments in preemption may affect defense strategies.

• Opinion

  Don't Cancel Your Summer Associate Programs

  

  While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

• 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

  

  History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

• Opinion

  Justices Should Construe Computer Fraud Law Narrowly

  

  In U.S. v. Van Buren, the U.S. Supreme Court should follow burglary and trespass cases to limit the Computer Fraud and Abuse Act’s scope to accessing or misusing employer data and avoid the absurd result of criminalizing an employee's unauthorized Facebook visit, say Anthony Volini and Karen Heart at DePaul University.

• Preparing For A Deluge Of COVID-19 Whistleblower Claims

  

  Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

• Opinion

  Credibility Concerns About Virtual Arbitration Are Unfounded

  

  Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

• CCPA Is 1 Of Many Retailer Data Privacy Class Action Worries

  

  As class actions targeting the sale of consumer data pose an increasing threat to retailers under the California Consumer Privacy Act and other states’ consumer protection laws, companies must ensure compliance with each statute and assess their vulnerability to deceptive conduct allegations, say Stephanie Sheridan and Meegan Brooks at Steptoe & Johnson.

• A Lawyer's Guide To Client Service Continuity Planning

  

  Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

• Virtual Meetings Could Be Fertile Ground For Legal Discovery

  

  Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

• How Courts May Interpret COVID-19 Waivers Of Liability

  

  As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

• Wis. Executive Power Ruling Has A Downside For Businesses

  

  The Wisconsin Supreme Court’s decision last week invalidating the state's stay-at-home order as going beyond the governor's authority could make future executive orders limiting businesses' tort liability during post-pandemic reopening significantly less likely even in other states, says Brian Hauck at Jenner & Block.