Illinois

Expert Analysis

• Opinion

  The Right Approach To Personal Jurisdiction In Class Actions

  

  Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

• What Associates Should Consider Before Switching Practices

  

  The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

• Rebuttal

  Circuit Split On Class Action Ascertainability Is Disappearing

  

  While a recent Law360 guest article suggested a significant circuit split on the issue of class action ascertainability, a review of recent decisions across federal circuits indicates that any such split is rapidly vanishing, as appeals courts reach consensus on the issue, says Leslie Brueckner at Public Justice.

• 4 Effective Ways To Prioritize Client Advocacy

  

  To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

• Alcohol Law Changes Test Public Policy Balance

  

  Pandemic-era temporary changes to alcohol laws aimed at helping bars and restaurants are maturing into long-term legislative reforms that are testing the extent to which states can obtain a policy balance between modern convenience and the safe, moderate consumption of alcohol, say Arielle Albert and Brian Fink at Danow McMullan.

• Remote Law Firm Culture Should Prioritize Associate Training

  

  Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

• Alcohol Taxation Provides Good Model For Cannabis Taxes

  

  Although the alcohol taxation system isn't perfect, it could serve as a useful template for cannabis taxation with a three-tier licensing scheme and tax rates based on potency, says Louis Terminello at Greenspoon Marder.

• Virtual Litigation May Unravel The Narcissistic Lawyer

  

  The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

• FERC Order Offers Opening For State Aid To Power Projects

  

  The Federal Energy Regulatory Commission's recent finding that tax relief available to a solar project under a Virginia pollution control law is not an excluded state subsidy offers the first significant guidance for developers on how state statutes can provide support for electric generation facilities, says Seth Lucia at Morrison & Foerster.

• Federal COVID-19 Insurance Decisions Ignore State Law

  

  Federal courts are dismissing policyholder lawsuits seeking business insurance coverage for losses from COVID-19 lockdowns at a far higher rate than state courts, likely because they are not following the Erie doctrine, which requires them to apply state law, says Carl Salisbury at Bramnick Rodriguez.

• ABA Remote Work Guide Raises Bar For Atty Tech Know-How

  

  A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

• Lateral Hire Conflict Screening Lessons From DLA Piper Case

  

  While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

• Opinion

  High Court Int'l Discovery Case Fits Mootness Exception

  

  Even if the underlying arbitration in Servotronics v. Rolls Royce concludes before the U.S. Supreme Court decides the case, the court should recognize an exception to mootness and resolve the circuit split on whether a U.S. discovery statute applies to international commercial arbitration, say attorneys at Freshfields.

• Using Online Arbitration Agreements To Mitigate BIPA Liability

  

  Companies facing costly, and increasingly frequent, Illinois Biometric Information Privacy Act class actions should follow several drafting and presentation best practices to ensure courts will uphold binding online arbitration agreements — a powerful tool for forcing these suits out of court, says David Oberly at Blank Rome.

• 3 Cybersecurity Questions To Ask Before A Remote Mediation

  

  Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.