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Illinois
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April 09, 2024
California Can Set Own Emissions Standards, DC Circ. Says
The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.
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April 08, 2024
7th Circ. Won't Demolish Obama Center Approval
Federal agencies properly reviewed the environmental impacts of building the Obama Presidential Center in Chicago's Jackson Park, the Seventh Circuit ruled Monday, once again rejecting opponents' attempts to stop construction of the campus set to open in 2026.
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April 08, 2024
Target's Acne Treatments Contain Benzene, Customer Says
A Target customer in Illinois has launched consumer protection claims in federal court targeting acne treatments the retail giant allegedly manufactures and markets without disclosing benzene among their active ingredients.
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April 08, 2024
3 Firms To Lead Weber Investor Suit Over $3.7B PE Buyout
Prickett Jones & Elliot, Grant & Eisenhofer PA, and Kessler Topaz Meltzer & Check will together represent a proposed class of investors in grill maker Weber Inc. in consolidated litigation in Delaware's Court of Chancery over a $3.7 billion squeeze-out by private equity firm BDT Capital Partners LLC, Chancellor Kathaleen St. Jude McCormick decided on Monday in what she described as a "close call."
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April 08, 2024
Allstate Sues Ex-Agent For Post-Litigation 'Smear Campaign'
Allstate Insurance Co. has alleged in Colorado federal court that a former independent contractor it previously sued for allegedly stealing trade secrets has since launched an online "smear campaign" to spread false claims that the company is selling its customers' sensitive personal data to criminals and that it flouted a court order in the earlier suit by posting confidential deposition excerpts.
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April 08, 2024
Hytera's IMs With Chinese Court Don't Sway Judge
An Illinois federal judge told Hytera Communications on Monday it still had not done enough to be free of serious sanctions for continuing a Chinese intellectual property suit against her orders, saying recent instant messages between Hytera and the Chinese court were not proof the case was officially over.
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April 08, 2024
Judge Urged To Reject UnitedHealth's Antitrust Deal Qualms
Patients who cut a $55 million antitrust settlement with NorthShore University HealthSystem are urging an Illinois federal court to reject objections by United Healthcare Services, arguing that the insurer has no standing to derail the deal and that its challenge to the agreement could dilute their recovery.
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April 08, 2024
Teamsters Benefits Row Isn't Arbitrable, Sysco Tells 7th Circ.
An Indiana federal judge correctly held that a Sysco distribution center in Indianapolis didn't have to arbitrate a dispute with a Teamsters local over workers' entitlement to early retirement benefits, the company has told the Seventh Circuit, asking the appellate court to uphold the judge's ruling.
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April 08, 2024
Ex-USPS Worker Can Proceed With Disability Suit
An Illinois federal judge refused to toss an ex-worker's lawsuit against the U.S. Postal Service, saying she had enough evidence to get her claim that she was denied overtime because of a wrist injury before a jury, but failed to show that age discrimination was at play.
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April 05, 2024
Wow Bao Says Customer Can't Prove Kiosk Data Collection
Asian fast-food chain Wow Bao has urged an Illinois state court judge to grant it summary judgment in a biometric privacy suit targeting the company's self-serve kiosks, arguing it cannot be held liable for collecting or possessing data it never in fact had.
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April 07, 2024
7th Circ. Won't Save Hytera From 'Self-Inflicted' Wounds
A Seventh Circuit panel this weekend said Hytera Communications could not be trusted after it filed a Chinese lawsuit behind an Illinois court's back and brought a $1 million daily fine upon itself, as a federal judge said she needed written proof that a Chinese court had really dismissed the suit.
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April 05, 2024
Rapper French Montana Seeks Atty Fees For 'Frivolous' IP Row
French Montana has told an Illinois federal judge that a young musician who alleged that the rapper sampled his song to make his hit single "Ain't Worried About Nothin'" should cover the attorney fees and litigation costs he spent defending the "frivolous" copyright lawsuit, suggesting that he only filed it to gain publicity.
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April 05, 2024
New Partner Joins Nixon Peabody's IP Team In Chicago
Nixon Peabody LLP has brought on a pair of patent attorneys to its Chicago office, including a partner who worked at Fitch Even Tabin & Flannery LLP for more than 30 years.
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April 05, 2024
Insurer Denies Coverage In Pet Store BIPA Class Action
An insurer told a Michigan federal court Friday that it didn't have to cover a pet store in an underlying employee proposed class action alleging the store violated Illinois' Biometric Information Privacy Act because the claims were precluded by the policy and a state statute of limitations.
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April 05, 2024
Beverage Giant Sued Under Illinois Genetic Privacy Law
Reyes Holdings, the largest beer distributor in the United States, has been sued in Illinois state court by a proposed class of job applicants who claim their genetic privacy rights were violated when they were required to submit to physical exams and inquiries about their family medical history as a condition of employment at the beverage distributor or its subsidiaries.
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April 04, 2024
Boeing Can't Ditch Ill. Securities Fraud Suit Over 737 Max
An Illinois state judge on Thursday refused to throw out Boeing investors' suit accusing the aerospace company of misleading and lying to investors following the deadly Lion Air and Ethiopian Airlines crashes involving Boeing's then-new 737 Max jets, according to an order entered in Cook County Circuit Court.
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April 04, 2024
'Halfhearted' Hytera Filings Not Enough To Lift Hefty Sanctions
Hytera Communications' daily $1 million fine and other sanctions for violating an Illinois federal judge's anti-suit injunction stayed in place Thursday as she ordered the company to submit a fourth, more "meaningful" request in China to halt a lawsuit it lodged against Motorola Solutions.
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April 04, 2024
Ill. Temp Worker Dispute Stayed For 7th Circ. Appeal
A challenge to an Illinois law mandating that many temporary workers receive equivalent benefits to long-term employees has been stayed, as a federal court allowed the state to appeal an order preliminarily blocking the statute.
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April 04, 2024
Smith & Wesson Scolded At 7th Circ. For Minimizing Victims
A Seventh Circuit judge on Thursday lambasted counsel for Smith & Wesson for stating "several" people were killed or wounded in the July Fourth shooting in Highland Park, Illinois, saying he was tempted to use up some of the company's allotted time by listing the names of all 55 victims.
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April 04, 2024
White & Case Lands Mayer Brown Energy Ace In Chicago
White & Case LLP has added a Chicago partner to its global project development and finance practice, the firm said Thursday.
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April 03, 2024
Winning Foreign Patent Damages Just Became A Lighter Lift
The Federal Circuit has clarified that patent owners can ask for reasonable royalties when pursuing damages for foreign infringement and expanded what constitutes eligible infringement in those instances, a ruling attorneys say should make it easier to recover damages from abroad.
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April 03, 2024
Hytera's Word Alone Won't Lift $1M-Per-Day Sanctions
An Illinois federal judge on Wednesday refused to lift a $1 million-a-day fine and other contempt sanctions against Hytera Communications without more proof it was out of options to derail Chinese litigation Hytera started against Motorola Solutions, saying she could no longer take the company's representations at face value.
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April 03, 2024
Judge Wary Of Atty's Bid To Cut Sentence For Hiding Assets
A Seventh Circuit judge appeared skeptical Wednesday of an Illinois lawyer's contention that she should not have received an abuse-of-trust sentencing enhancement for helping her brother conceal more than $350,000 in bankruptcy assets, noting she deposited them in her attorney trust account and attempted to assert attorney-client privilege to hide her conduct from the trustee.
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April 03, 2024
McDermott Adds Ex-Baker McKenzie Tax Pro In Chicago
The former chair of Baker McKenzie's Chicago tax practice group has joined McDermott Will & Emery LLP and will work as a partner in the firm's Chicago office, McDermott said Wednesday.
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April 03, 2024
NFL Helmet Maker Riddell Receives $400M PE Investment
NFL helmets maker Riddell Inc., advised by Lowenstein Sandler LLP, will get a $400 million infusion from King & Spalding LLP-led private equity firm BC Partners Credit, in an effort to advance the company's role in the game of football and put money in the pocket of current investors, the two announced Wednesday.
Expert Analysis
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Navigating New Regulations In Healthcare And Other M&A
While notice requirements recently enacted in several states are focused on the healthcare industry for now, this trend could extend to other industries as these requirements are designed to allow regulators to be a step ahead and learn more about a transaction long before it occurs, say Kathleen Premo and Ashley Creech at Epstein Becker.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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A Welcome Turning Of The Page For Residential Real Estate
After one of the most challenging years on record for residential real estate, 2024 will likely be a time of transition to a stabler business climate, as sellers lose some of their excess bargaining power and the pace of sales picks up, says Marty Green at Polunsky Beitel.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight
In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.
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Directors And Officers Face Unique AI-Related Risks
As privacy, intellectual property and discrimination lawsuits focusing on artificial intelligence increase, corporate directors and officers must stay aware of associated risks, including those related to compliance, litigation and cybersecurity, says Jonathan Meer at Wilson Elser.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Ill. Insurance Ruling Helps Developers, Community Orgs. Alike
The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.