Illinois

Expert Analysis

• Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

  

  Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

• Energy Storage As A Transmission Asset In Regional Markets

  

  The Federal Energy Regulatory Commission has approved energy storage as a generation asset, but regional markets, including the Midcontinent Independent System Operator and ISO-New England, would benefit from rules for compensating storage as a transmission asset, say Derya Eryilmaz and Caroline Heilbrun of Charles River Associates and Rao Konidena of Rakon Energy.

• A Noncompete Consideration Split In Ill. State, Federal Courts

  

  Two recent decisions illustrate the division between Illinois state and federal courts over what constitutes adequate consideration to support enforceable noncompete agreements, but simple drafting practices can render the debate irrelevant in either court system, say attorneys at Michael Best.

• The Int'l, Federal And State Taxation Forecast For 2020

  

  Attorneys at Steptoe & Johnson look at U.S. international, federal and state taxation, including legislative, regulatory and controversy developments expected in 2020.

• Estimating Antitrust Impact, Damages Via Natural Experiments

  

  Several federal courts have recently accepted the difference-in-differences methodology to estimate antitrust impact and damages via natural experiments, demonstrating the method's validity, says James Nieberding of North Coast Economics.

• #MeToo Is Much More Than Last Year's News

  

  Employers wondering whether #MeToo is still relevant should recognize that it is a continuous equity movement that includes pay, diversity and inclusion efforts at both the worker and executive levels, say attorneys at Epstein Becker.

• 3 Federal Court Rulings Highlight Key Privilege Lessons

  

  Recent decisions from federal courts in Illinois, Delaware and New York illustrate the importance of proactively thinking about attorney-client privilege issues such as proper procedures for conducting a review, how common interest privilege can be invoked and when public relations firm communications are protected, say attorneys at Paul Weiss.

• Litigating FRAND Rates After Fed. Circ. Ericsson Decision

  

  After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

• FIRREA Remains Potent Civil Fraud Enforcement Tool

  

  Last year, three court decisions addressing the Financial Institutions Reform, Recovery and Enforcement Act's civil monetary penalties provision — two at the final judgment stage and one at the pleadings stage — expanded FIRREA jurisprudence and remind us why this statute cannot be ignored, say attorneys at Morgan Lewis.

• Bias Case Gives Justices Chance To Rethink Title VII

  

  If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.

• Top 10 Employment Law Developments Of The Decade: Part 2

  

  In the final part of this article, Barbara Roth and Tyler Hendry at Herbert Smith look back on the most significant labor and employment law updates from the second half of the decade, and reveal their choice for the most important change of the 2010s.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• The New Class Action Frontier Under Illinois Privacy Law

  

  One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

• Where The Fight Over FTC's Enforcement Authority Stands

  

  A flurry of year-end activity, including three petitions before the U.S. Supreme Court and a spate of proposed legislation, requires a recap on the current status of the debate over the Federal Trade Commission's Section 13(b) authority to obtain permanent injunctions and restitution, say John Villafranco and Khoury DiPrima of Kelley Drye.

• Top 10 Employment Law Developments Of The Decade: Part 1

  

  In the first of two articles, Barbara Roth and Tyler Hendry at Herbert Smith highlight the decade's most significant labor and employment law changes, including the U.S. Supreme Court’s 2011 decision in Dukes to raise the class certification threshold, and the spread of state and local paid sick leave laws.