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Illinois
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June 04, 2024
Mondelez, BCLP Must Face Negligence Claims Over 2023 Breach
An Illinois federal judge has trimmed the majority of claims in proposed data privacy class actions brought by Mondelez workers against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach, although the company and law firm couldn't shake the cases entirely.
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June 03, 2024
Burford-Sysco Plaintiff Swap Stays Nixed In Price-Fixing Case
A Minnesota federal judge refused Monday to let a unit of legal investment firm Burford Capital substitute for Sysco Corp. as plaintiff in sprawling price-fixing lawsuits against pork and beef producers, agreeing with a magistrate judge's conclusions that allowing a litigation funder to dictate antitrust settlements "could have a detrimental impact."
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June 03, 2024
Chicago Restaurant Biz Can Fix Testimony Without Sanctions
A Cook County judge on Monday refused to order the management group behind celebrated Chicago eatery Maple & Ash to produce thousands of documents that it claims are subject to attorney-client privilege as a sanction for misstating when an engagement letter was signed in sworn testimony, saying the issue was concerning but deeming the relief sought inappropriate.
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June 03, 2024
Restaurants Fight Bid-Rigging Release In $75M Chicken Deals
Boston Market, Golden Corral and other restaurants have urged an Illinois federal judge to reject a class of chicken buyers' attempt to lock in $75 million in price-fixing settlements, continuing their fight to preserve a bid-rigging claim they argue should not be released.
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June 03, 2024
FERC Tells Justices Not To Review Rule Passed By Deadlock
The Federal Energy Regulatory Commission on Friday urged the U.S. Supreme Court not to disturb a Third Circuit decision upholding an electricity market rule change that took effect despite a commissioner deadlock, arguing the lower court got it right and that any market upheaval concerns are unfounded.
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June 03, 2024
'Unflappable' Chicago DOJ Appeals Chief Joins Federal Bench
The top appellate lawyer for federal prosecutors in Chicago, now a newly confirmed federal judge, has an overriding sense of public duty and a deep knowledge of Seventh Circuit case law that will set her up for success on the bench, former colleagues told Law360.
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June 03, 2024
3 Firms Rep As Waste Management Inks $7.2B Stericycle Buy
Waste Management Inc. has agreed to buy medical waste company Stericycle at an enterprise value of about $7.2 billion, inclusive of approximately $1.4 billion of debt, the companies said in a statement Monday.
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June 03, 2024
Paul Hastings Adds 11-Partner King & Spalding Finance Team
Continuing its hiring in the finance and restructuring space, Paul Hastings LLP announced Monday that it is bringing on a team of 11 partners from King & Spalding LLP, including the co-head of the global finance and restructuring practice.
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May 31, 2024
Online Lenders Invoked Calif. Tribe As Usury Cover, Suit Says
Two online lenders that purport to be run by a Native American tribe in California face claims they violated both federal law barring racketeering and Illinois consumer financial protection laws by lending to the state's residents at excessive rates.
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May 31, 2024
Subaru Drivers Reach Class Deal Over Defective Fuel Pumps
A group of Subaru of America Inc. drivers asked a New Jersey federal judge Thursday to greenlight a settlement resolving proposed class claims that they bought or leased cars containing defective fuel pumps, saying the deal would provide "concrete, real-world benefits" via reimbursements and extended warranties.
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May 31, 2024
Real Estate Recap: Courthouse Facelifts, Appraisal Bias
Catch up on this week's key developments by state from Law360 Real Estate Authority — including how federal money will refresh seven courthouses around the country and what Freddie Mac's former multifamily appraisal chief thinks about appraisal bias and market distress.
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May 31, 2024
Vape Co. Can't Toss Breeze Smoke's Claims In IP Row
An Illinois federal judge has rejected vape pen maker Midwest Goods' bid to throw out counterclaims that it infringed competitor Breeze Smoke's trade dress and a design patent, while also denying a bid from Breeze Smoke for a preliminary injunction.
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May 31, 2024
DOL's Fund Mismanagement Suit Stayed For 7th Circ. Appeal
An Illinois federal judge pressed pause on a suit filed by the U.S. Department of Labor against the trustees of a union life insurance fund, saying she'll let two former trustees' appeal of an injunction she issued in the case play out before she resumes adjudicating.
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May 31, 2024
Edelson Calls Coach's Attack On Abuse Suit 'Meritless'
Edelson PC is urging a Cook County judge to toss a lawsuit from youth volleyball coach Rick Butler and his volleyball club looking to hold the firm liable for lodging allegedly "bogus" sex-abuse claims against the coach, calling it a "meritless" attempt to rehash their failed federal sanctions bid.
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May 31, 2024
Kroger's $6M BIPA Deal With 6K Workers Gets Final OK
An Illinois federal judge granted final approval to a class of about 6,000 Food4Less employees on their $6 million settlement resolving claims Kroger Co. subsidiary Ralphs unlawfully stored and used their biometric data after requiring them to scan their fingerprints to clock in and out of their shifts.
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May 31, 2024
Illinois Strengthens Atty Ethics Rules For Harassment, Bias
The Illinois Supreme Court has announced that the state's professional conduct rules for attorneys have been amended to deem the act of engaging in harassment or discrimination as professional misconduct, and not just in the event a court or administrative agency finds that a lawyer violated a law prohibiting such actions.
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May 30, 2024
Veradigm Execs Sued Over Company's Nasdaq Delisting
Current and former members of healthcare technology company Veradigm Inc.'s top brass were sued in Illinois federal court by shareholders alleging that the company suffered stock drops following a string of financial reporting blunders starting in 2021, which caused it to overstate roughly $40 million in revenue before facing a delisting notice from Nasdaq.
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May 30, 2024
Travelers Loses Dismissal Bid In BIPA Coverage Dispute
A New York federal judge declined to trim a software company's lawsuit seeking coverage from a Travelers unit for underlying claims that the company violated the Illinois Biometric Privacy Act, finding the company's declaratory relief and bad faith claims were not duplicative of a breach of contract claim.
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May 30, 2024
Ex-Chicago Mayor Dodges Atty's Lawsuit Over Zoom Tirade
An Illinois judge tossed a lawsuit brought by a former in-house attorney for the Chicago Park District accusing former Mayor Lori Lightfoot of unleashing a profane tirade laced with crude, insulting and defamatory comments during a Zoom call.
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May 30, 2024
Ill. Made 'Big Concession' In 3M PFAS Suit, 7th Circ. Judge Says
A Seventh Circuit judge observed Thursday that the state of Illinois made a "big concession" in its suit accusing 3M of polluting local waters with toxic "forever chemicals" when the state said 3M could avoid liability if Illinois can't prove contamination came exclusively from a particular facility.
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May 30, 2024
Chicago Kiosk Salesman Gets 1 Year For Filing False Returns
An electronic-sweepstakes kiosk salesman from Chicago was sentenced to a year in prison for filing false tax returns that included more than $500,000 in inflated business expenses, according to Illinois federal court documents.
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May 30, 2024
Divided FTC Won't Delay Kroger-Albertsons In-House Case
The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.
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May 30, 2024
Wine Distribution Giants Must Face Provi's Antitrust Suit
The nation's two largest wine and distilled spirits distributors must face unfair competition claims from an online marketplace accusing them of illegally trying to stifle competition and shut it out of the market, an Illinois federal judge determined Thursday.
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May 30, 2024
Target's Surveillance System Violates BIPA, Shoppers Say
Target faces a proposed class action in Illinois federal court filed Thursday accusing it of gathering shoppers' biometric data through surveillance systems and other sophisticated technology in its campaign to prevent organized retail theft, while failing to advise it is doing so or obtaining their permission.
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May 30, 2024
Christian Teacher Appeals Pronoun Case To 7th Circ.
An evangelical teacher who lost his job after he objected to using gender-affirming names and pronouns for his transgender students is asking the Seventh Circuit to take another look at his religious bias case.
Expert Analysis
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Devil's In The Details On FDCPA, Article III Standing
The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.
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Airlines Must Prepare For State AG Investigations
A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Examining Illinois Genetic Privacy Law Amid Deluge Of Claims
After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.
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Opinion
Climate Change Shouldn't Be Litigated Under State Laws
The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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PE-Healthcare Mergers Should Prepare For Challenges
State and federal regulators are increasingly imposing new requirements on healthcare transactions involving private equity partners, with mergers that would have drawn little scrutiny a few years ago now requiring a multijurisdictional risk analysis during the deal formation process, say attorneys at Stinson.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.