Illinois

Expert Analysis

• Petland Ruling Continues Scrutiny Of RICO Enterprise Claims

  

  Michael Soyfer at Quinn Emanuel discusses how the Eleventh Circuit's recent decision in Cisneros v. Petland follows the appellate court trend of limiting what qualifies as an enterprise for Racketeer Influenced and Corrupt Organizations Act claims, despite the U.S. Supreme Court's efforts to limit constrictions on the definition.

• Guest Feature

  5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

  

  The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

• Ill. Ruling Bolsters Trend Against No-Injury Monitoring Claims

  

  The Illinois Supreme Court's recent ruling in Berry v. City of Chicago, rejecting claims for medical monitoring by plaintiffs not suffering present physical injuries, reflects a growing trend and could influence other state courts to rule similarly, say John Ewald and Matthew Bush at King & Spalding.

• A Justice Barrett Could Bring Clarity To Property Rights Law

  

  While Judge Amy Coney Barrett’s recent Seventh Circuit decision in Protect Our Parks v. Chicago Park District reveals no particular vision on property rights, it suggests she would help clarify a famously muddled area of the law if confirmed to the U.S. Supreme Court, says Bryan Wenter at Miller Starr.

• ITC Vs. Court Remedies For Trade Secret Theft Abroad

  

  Recent cases illustrate that companies facing misappropriation of their trade secrets outside the U.S. should carefully choose between obtaining significant damages in district courts and timely exclusion orders in the U.S. International Trade Commission, say Charles Sanders and Nathanial McPherson at Latham.

• How The State And Local Regulatory Landscape Is Expanding

  

  States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

• SEP Users Should Jettison Antitrust For Patent, Contract Law

  

  Because the recent holdings in Federal Trade Commission v. Qualcomm and Continental Automotive Systems v. Avanci demonstrate antitrust's flaws in resolving disputes over licensing rates for standard-essential patents, users should employ contract and patent law for more flexibility in negotiations and litigation, say Erik Puknys and Michelle Rice at Finnegan.

• Anticipating Litigation's Big Role In The 2020 Elections

  

  Varying state election laws and increased mail-in voting may leave this November's presidential race without a clear winner, with ongoing and prospective voting-related lawsuits potentially affecting the outcome, say attorneys at Squire Patton.

• Opinion

  Lawyers Must Fight Voter Suppression This Election Season

  

  Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

• How Private Employers Can Limit Political Discord At Work

  

  Lindsay Hedrick and Victoria Bliss at Jones Day examine the restrictions private employers can implement to prevent political expression from negatively affecting the workplace while maintaining compliance with the National Labor Relations Act and state laws.

• 4 Enforcement Actions Highlight SEC's Focus On Earnings

  

  The U.S. Securities and Exchange Commission's four enforcement actions settled in the days before its fiscal year-end show the regulator is keeping an eye on issuers' earnings management and financial reporting, and demonstrate the dangers of fixating on analysts' earnings targets, says Lori Echavarria at WilmerHale.

• Why Online Mediation May Be Here To Stay

  

  Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

• Series

  AGs In A Pandemic: Neronha Talks RI Criminal Justice

  

  Rhode Island Attorney General Peter Neronha describes the core principles guiding his state’s criminal justice approach in a way that balances public safety and public health during the pandemic.

• Perspectives

  Barrett Should Be Questioned On Children's Access To Courts

  

  At a time when children's lives are so threatened by avoidable climate change chaos, understanding U.S. Supreme Court nominee Amy Coney Barrett's views on what standing future generations have to seek declaratory relief in Article III courts should be an essential part of her confirmation hearings, says Julia Olson at Our Children's Trust.

• States' Evolving Patchwork Of Insurance Data Security Laws

  

  With key differences in state approaches to insurance data security regulation beginning to emerge, even small and bank-affiliated insurance entities that are granted partial exemptions in some jurisdictions will likely have to develop information security programs eventually, say attorneys at McIntyre & Lemon.