Illinois

  • September 24, 2021

    Union Pacific Scores Win In Chicago Metra Rail Line Fight

    An Illinois federal judge handed rail giant Union Pacific a win in its dispute with Chicago's commuter rail system, Metra, over three rail lines on which Union Pacific no longer wants to operate passenger service, saying it is not federally required to maintain passenger service levels.

  • September 24, 2021

    NC Theaters, Chicago Eateries Lose COVID-19 Coverage Bids

    An Illinois federal judge has ruled that a North Carolina movie theater chain and a group of Chicago restaurants are not entitled to coverage for their pandemic losses, finding that the businesses did not show that they incurred a direct physical loss that would trigger coverage under their insurance policies.

  • September 24, 2021

    FanDuel Fine Print For Users Dooms Ill. Man's Suit

    An Illinois resident suing FanDuel for allegedly feeding bettors false information did not help his case by citing terms of service specifically disclaiming liability for inaccurate intel, an Illinois federal judge said Thursday as she tossed the man's proposed class action.

  • September 24, 2021

    Otis Dodges Insurer's Suit Over Elevator Fall In Skyscraper

    Otis Elevator has avoided an insurer's suit in Illinois federal court seeking reimbursement after an elevator in Chicago's formerly named John Hancock Center skyscraper fell 84 floors and was shut down by the city, stopping customers from visiting a 95th-floor restaurant insured by the company.

  • September 24, 2021

    7th Circ. Panel Says Walmart Can't Rewrite Facts In ADA Trial

    A Seventh Circuit panel on Friday suggested Walmart hasn't "come to grips" with the evidence presented at a trial in which jurors found the retailer violated the Americans with Disabilities Act by pushing out a longtime employee who needed a job coach.

  • September 24, 2021

    SEC Says $100M Auto-Loan Securitization Was Fraudulent

    The U.S. Securities and Exchange Commission has filed suit against two former executives of an Illinois-based automobile finance company for allegedly misleading investors about the subprime automobile loans that backed a $100 million offering by the company.

  • September 24, 2021

    Pension Fund Unlikely To Get 2nd Shot At MiMedx Class

    A Georgia federal judge said Friday that he's likely to reject an effort by a pension fund to reopen a securities fraud class action against MiMedx Group Inc., saying there have been no new arguments raised since he dismissed the fund's claims for lack of standing.

  • September 23, 2021

    Skechers Gets Sneaker Burn Suit Tossed For Good

    An Illinois federal judge on Tuesday tossed a proposed class action brought by a woman who claimed that Skechers USA Inc.'s light-up sneakers burned her son's feet, saying her allegations didn't point to any direct statements by the shoe manufacturer related to the shoes' alleged defect.

  • September 23, 2021

    Illinois Hit With More Suits Over Pot Biz Licensing Process

    Three cannabis companies have brought lawsuits in state court against the Illinois Department of Agriculture after it disqualified their applications for craft grow and transporter licenses, urging the court to reverse the department's decisions.

  • September 23, 2021

    Ill. High Court Rules Against State Farm In Loss Value Dispute

    Illinois' top court upheld a win Thursday for a proposed class of homeowners accusing State Farm of automatically depreciating labor costs on top of the cost of materials when handling a property damage claim without disclosing the practice to policyholders, saying the policy is ambiguous and must therefore side with the insured.

  • September 23, 2021

    High Court Asked To Decide Fight Over Ch. 11 Trustee Fees

    An ongoing battle over the constitutionality of a 2017 law that increased the fees owed by Chapter 11 debtors in some jurisdictions has made its way to the nation's highest court, with the liquidating trustee in Circuit City's bankruptcy case asking the U.S. Supreme Court to decide the issue.

  • September 23, 2021

    Top Ill. Court Wary Of Claims Workers' Comp Trumps BIPA

    Justices on Illinois' high court Thursday questioned whether holding that the state's workers' compensation law preempts claims for statutory damages under the Illinois biometric privacy statute would defeat the purpose of the privacy law altogether.

  • September 23, 2021

    3 Firms Guide Cresco Labs' $90M Buy Of Pa. Pot Dispensaries

    Multi-state cannabis operator and wholesaler Cresco Labs announced Thursday it has entered a definitive agreement to acquire three Cure Penn dispensaries in Pennsylvania for roughly $90 million, in a deal guided by Buchanan Ingersoll & Rooney PC, TingleMerrett LLP and McDermott Will & Emery LLP.

  • September 22, 2021

    Jury Hits Toyo Tire With $110M Verdict In Dispute With Rival

    An Illinois federal jury awarded Atturo Tire Corp. $10 million in compensatory damages and $100 million in punitive damages Wednesday, finding rival Toyo Tire Corp. liable for defamation, unfair competition, unjust enrichment, deceptive trade practices and tortious interference with Atturo's contracts.

  • September 22, 2021

    Online Directory Can't End Privacy Suit Over People Search

    An Illinois federal judge rejected online directory RocketReach's bid to escape proposed class claims that the company unlawfully used personal information to advertise its paid people search service, saying state privacy laws don't exempt the company's alleged conduct.

  • September 22, 2021

    New York's Amalgamated Bank To Buy Chicago's For $98M

    New York-based Amalgamated Bank announced Wednesday that it has entered a definitive agreement to acquire Amalgamated Bank of Chicago, an unaffiliated lender despite the similar name, for roughly $98.1 million in a deal steered by Nelson Mullins Riley & Scarborough LLP and Hinshaw & Culbertson LLP.

  • September 22, 2021

    ZoomInfo Must Face Proposed Ill. Class's Privacy Suit

    An Illinois federal judge ruled on Wednesday that ZoomInfo must face proposed class action claims that it nonconsensually uses Illinois resident names and identities to advertise paid access to its full database, ruling the proposed lead plaintiff sufficiently stated a claim.

  • September 22, 2021

    US Trustee Challenges Constitutionality Of Purdue Releases

    The nondebtor, third-party releases included in Purdue Pharma's Chapter 11 plan are unconstitutional, the U.S. Trustee's Office has argued, asking a New York bankruptcy judge to wait until a higher court rules on the federal watchdog's challenge to the releases.

  • September 22, 2021

    Yum Brands Ducks Ex-KFC Worker's Privacy Suit, For Now

    An Illinois state court judge on Wednesday tossed biometric privacy claims that KFC and its parent company unlawfully collected a franchise worker's fingerprints, saying she needs more information about the companies to get a true sense of the allegations.

  • September 22, 2021

    Chancery Says Takeda Liable For AbbVie's Lupron Supply Lag

    Japanese drugmaker Takeda Pharmaceutical Co. Ltd. is liable to distributor AbbVie Endocrine Inc. for breaching their supply agreement for cancer drug Lupron Depot, a Delaware Chancery judge ruled Wednesday, teeing the companies up for a second trial to determine the damages stemming from ongoing delivery disruptions.

  • September 22, 2021

    Litigation Finance Co. Closes 3rd Fund At $682M

    Illinois-based commercial litigation finance company Longford Capital Management LP said Wednesday that it closed its third fund in seven years at $682 million, signaling the continuing growth of the litigation finance industry.

  • September 22, 2021

    Ill. Justices Weigh Ex-NFL Star's Bid To ID Alleged Defamers

    Illinois Supreme Court justices on Wednesday questioned whether an internal investigation privilege asserted by an Exelon subsidiary unfairly kept a Pro Football Hall of Fame member who did business with the company from learning the identity of an employee who accused him of sexual harassment.

  • September 21, 2021

    Ill. School District Can't Keep New Job From Bargaining Unit

    The Illinois Educational Labor Relations Board correctly allowed a high school's new college admissions specialist position to be part of its bargaining unit since the position covers many of the same duties as the one it replaced, a state appellate panel said Monday. 

  • September 21, 2021

    Ill. Justices Mull If Workers' Comp Deal Bars Further Damages

    Justices on Illinois' top court on Tuesday questioned whether a dispute over civil damages for injuries related to a settled workers' compensation claim is actually moot after the plaintiff voluntarily dismissed part of the civil suit.

  • September 21, 2021

    Deutsche Bank Can't Nix Class Action Over Traders' Spoofing

    An Illinois federal judge ruled that Deutsche Bank can't yet ax a proposed class action seeking to hold it responsible for two former traders' alleged 2013 illegal spoofing schemes, finding that further information is needed to determine if trading firm Rock Capital Market and others behind the lawsuit have established standing.

Expert Analysis

  • Perspectives

    One-Subject Rule Strategy Can Defeat Dangerous State Laws

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    Attorneys at Ulmer & Berne explain how single-subject rule violation claims can thwart certain unconstitutional or controversial state statutes and protect civil rights in the face of state governments under one-party rule.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Key Trends In Recent Cyber-Related Securities Class Actions

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    ​​​​​​​A review of trends from recent cyber-related securities class actions suggests that shareholder plaintiffs will likely continue to focus on public companies' reporting deficiencies, so companies should evaluate and update their disclosures in light of litigation and information security risks, say Cara Peterman and Sierra Shear at Alston & Bird.

  • 4 Steps For Improving Board Diversity Per New Nasdaq Rule

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    Companies should view Nasdaq's recently finalized board diversity rules as an opportunity to tap into the knowledge and resources of potential board members who may not look like or have the same life experiences as individuals who have historically served on boards, say attorneys at Shook Hardy.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • How SPAC Investors Might Rethink Material Adverse Effect

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    Buyers in special purpose acquisition company transactions involving early-stage technology companies should consider allocating key business risks in an acquisition agreement outside the construct of material adverse effect, due to the difficulty of proving a material adverse effect on a pre-revenue target company in Delaware court, say attorneys at White & Case.

  • Series

    Insurance Commissioner's Agenda: Del. Tackles Mental Health

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    Delaware Insurance Commissioner Trinidad Navarro highlights the state's efforts to achieve insurance coverage parity for mental health care by confronting systemic stigma and penalizing disparate and restrictive insurance determinations.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Policyholder Best Practices As Cyberattacks Escalate

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    As ransomware attacks increasingly target corporate victims, policyholders should enhance cybersecurity and privacy efforts to avoid regulatory hot water and mitigate the effects of rising insurance premiums and coverage restrictions, say Lee Epstein and Krishna Jani at Flaster Greenberg.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • What To Know About Ill. Student 'Know Before You Owe' Law

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    Illinois' new Know Before You Owe Private Education Loan Act is likely to pose significant compliance challenges as it requires higher education institutions to share specified student information with lenders and income share agreements providers before any funds may be disbursed, and imposes new information reporting requirements on both lenders and schools, say attorneys at Manatt.

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