Illinois

Expert Analysis

• Ill. Case Sheds Light On Cross-State Anti-SLAPP Conflicts

  

  An Illinois state appeals court's recent decision in Basile v. Prometheus Global Media calls attention to the unique jurisdictional challenges that arise when opposing parties invoke anti-SLAPP statutes from different states in the course of litigation, says Phillip Zisook at Schoenberg Finkel.

• 4 Legal Industry Trends Litigation Financiers Are Watching

  

  Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

• A Lawyer's Guide To Setting Well-Being Goals In 2021

  

  In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

• Keyword Searches To Improve Your Privilege Doc Review

  

  "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

• State AGs' 2020 Actions Offer Hints At 2021 Priorities

  

  A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

• ABA Approves Remote Practice, But Questions Remain

  

  Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

• Keys To Creating Standout Law Firm Thought Leadership

  

  Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

• Reasons To Disclose 2020 Data When Selling Franchises

  

  Any franchisor considering marketing new franchises in 2021 by leaning on pre-pandemic financial results and omitting 2020 declines should know the perils of this plan, says Rochelle Spandorf at Davis Wright.

• Perspectives

  Judges On Race: The Power Of Discretion In Criminal Justice

  

  Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

• 7th Circ. Privacy Ruling Could Expand Article III Standing

  

  The Seventh Circuit's recent decision in Fox v. Dakkota Integrated Systems, finding that unlawful retention of biometric data inflicts a particularized and concrete harm on a plaintiff in the same way that unlawful collection does, may lend itself to further expansion of the Article III injury-in-fact requirement for standing in a lawsuit, say attorneys at Orrick.

• Trade Secrets Law 25 Years After PepsiCo Disclosure Case

  

  Notwithstanding the expectations at the time, the Seventh Circuit's landmark 1995 decision in the PepsiCo v. Redmond trade secret case has not made the doctrine of inevitable disclosure an alternative to, or backstop for, traditional post-employment noncompetition agreements — though the doctrine continues to be applied, say Peter Steinmeyer and Brian Spang at Epstein Becker.

• 5 Attorney Business Development Tips For The New Year

  

  Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

• ERISA Exhaustion Defense Still Viable In Some Jurisdictions

  

  A Georgia federal court’s recent decision in Fleming v. Rollins is a reminder that despite an ongoing circuit split, administrators facing fiduciary breach claims under the Employee Retirement Income Security Act can, in certain courts, still assert defenses based on plaintiffs' failure to exhaust a plan's administrative remedies, says Art Marrapese at Barclay Damon.

• Minimizing Disruption To Clients During Law Firm IT Upgrades

  

  For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

• Tips For Drafting Effective Amicus Briefs

  

  Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.