Illinois

  • January 15, 2021

    OCC Defends Valid-When-Made Rule In State AGs' Suit

    The Office of the Comptroller of the Currency has urged a California federal court to reject an effort by California and two other states to block the agency's valid-when-made rule, arguing the rule was well within bounds as an attempt to mitigate legal uncertainty surrounding interest rate transferability.

  • January 15, 2021

    SkyWest Says Fed. Law Negates Flight Attendants' Wage Suit

    SkyWest Airlines has asked a California federal judge to scrap a proposed class action from flight attendants who claim they weren't paid for all hours they worked and weren't provided with Golden State-mandated meal and rest breaks, saying federal regulations governing the airline industry preempt their claims.

  • January 15, 2021

    Investors Say Grubhub Stock Claims Not 'Fraud By Hindsight'

    Grubhub investors urged an Illinois federal judge Friday not to toss out their securities fraud suit claiming the company lied about its ability to attract high-quality diners, arguing their complaint lays out a legal theory "far from 'fraud by hindsight.'"

  • January 15, 2021

    9th Circ. Judge Doubts Insurer's SLAPP Sinking Tower Fight

    A Ninth Circuit judge appeared skeptical Friday of a New Jersey insurance company's efforts to toss under California's anti-SLAPP law an engineering firm's bad faith counterclaim in litigation over San Francisco's notorious sinking Millennium Tower, asking the insurer, "Why didn't you just fight the thing on the merits?"

  • January 15, 2021

    Virus Didn't Compromise ComEd Grand Jury, Feds Say

    Illinois federal prosecutors slammed a bid by former Commonwealth Edison Co. executives and lobbyists to access grand jury selection materials in their bribery case, arguing the request is based on the "mistaken conjecture" that additional jurors were improperly selected during the coronavirus pandemic. 

  • January 15, 2021

    NY, FTC Lead Charge To Expand Biometric Privacy Shields

    New York lawmakers and the Federal Trade Commission are the latest to step up pressure on companies to be upfront with consumers about the use of their biometric data, signaling that more laws and regulatory scrutiny are expected for the increasingly popular technology, attorneys say. 

  • January 15, 2021

    Blue States Challenge EPA Aircraft GHG Emissions Standards

    The U.S. Environmental Protection Agency's new gas emissions standards for aircraft won't actually result in new reductions, said 12 attorneys general from California, Illinois, Pennsylvania, New York, and other Democrat-led states plus the District of Columbia in announcing a D.C. Circuit challenge Friday.

  • January 15, 2021

    Porn Co. Malibu Hit With Atty Fees After Failed Copyright Suit

    A federal judge is ordering porn studio Malibu Media to repay the legal bills of one of the thousands of internet users it has sued for copyright infringement, at one point wondering if the company leverages "ridicule and embarrassment" to win settlements.

  • January 15, 2021

    Finance Co. Asks 7th Circ. To Revive Suit Against Ex-Counsel

    The Seventh Circuit on Friday seemed skeptical of a commercial financing company's argument that a lower court should not have dismissed its claim that former legal counsel gave self-serving advice that led to penalties against the company's founder. 

  • January 15, 2021

    7th Circ. Wary Of Blocking Wis. Mandatory Bar Membership

    A Seventh Circuit judge on Friday appeared skeptical of a Wisconsin attorney's arguments that mandatory state bar membership for attorneys is barred under the U.S. Supreme Court's landmark Janus ruling, which blocked mandatory union membership and dues, saying they're "not perfect equivalents."

  • January 15, 2021

    Video Tech Co. Founder Charged In Pump-And-Dump Scheme

    The founder of a Silicon Valley video streaming service and an investment manager have been indicted for allegedly orchestrating a pump-and-dump stock fraud scheme, Illinois federal prosecutors announced Friday.

  • January 15, 2021

    7th Circ. Backs VA In Denying Ex-Nurse's Disability Bias Suit

    The Seventh Circuit backed the U.S. Department of Veterans Affairs in a fired nurse's disability bias suit, finding she couldn't do the essential duties of her job at a VA hospital and refused to cooperate when the agency offered to reassign her.

  • January 14, 2021

    Virgin Asks 9th Circ. To Scrap Calif. Workers' $77M Wage Win

    Virgin America urged the Ninth Circuit on Thursday to overturn flight attendants' $77 million wage-and-hour win, along with a $6 million attorney fees award, arguing that federal aviation safety regulations preempt the Golden State's meal-and-rest break laws and the California Supreme Court's recent Ward and Oman rulings clear it of liability.

  • January 14, 2021

    $110M Fees Probed In $650M Facebook Biometric Privacy Deal

    A California federal judge on Thursday questioned a $110 million fee bid by attorneys representing Illinois Facebook users in a "groundbreaking" $650 million proposed settlement of claims that the social media giant's facial recognition technology violated their biometric privacy rights, suggesting that a fraction of that might be more appropriate.

  • January 14, 2021

    Feds Tell 7th Circ. $30M Kidney Failure Award Still Unjustified

    A federal lawyer told the Seventh Circuit on Thursday that a $29.7 million award for a kidney failure patient shouldn't stand, saying that a judge shirked the proper analysis needed when finding that the patient bore no blame for the progression of his hypertension.

  • January 14, 2021

    4 Things To Know About Illinois' New House Speaker

    Ancel Glink partner Emanuel "Chris" Welch took the gavel of the Illinois House of Representatives on Wednesday, ending the decadeslong tenure of his embattled predecessor and becoming the first Black man to hold the state's speaker post. Here are four things to know about the new House leader.

  • January 14, 2021

    7th Circ. Won't Keep Clearview BIPA Case In Federal Court

    The Seventh Circuit held Thursday that a lower court correctly sent back to state court a biometric privacy lawsuit against facial recognition technology company Clearview AI, saying the residents who sued were free to avoid federal court by narrowing their claims.  

  • January 14, 2021

    ThinkMarkets Says Former IT Worker Won't Return Docs

    Online broker ThinkMarkets sued an ex-employee in Illinois federal court Wednesday, alleging that the former information technology worker now works for a competitor that's suing the company and that he refuses to return proprietary information.

  • January 14, 2021

    Coronavirus Litigation: The Week In Review

    California restaurant owners say they shouldn't face fees for liquor licenses and health permits when state and county officials won't allow them to operate, the federal government can continue requiring in-person clinic visits to obtain abortion-inducing medication, and a cannabis farm is the latest to be hit with claims it fired workers who complained about workplace conditions amid the pandemic.

  • January 14, 2021

    Real Estate Rumors: Martorano, LXG, DR Horton

    Delaware investor Christopher Martorano has reportedly flipped four Florida gas stations for $15 million, LXG is said to have purchased a Chicago Holiday Inn and D.R. Horton has reportedly picked up 26.66 acres of land in Florida.

  • January 14, 2021

    Ill. House Declines To Decouple From Virus Aid Tax Provisions

    The Illinois governor's plan to decouple from federal pandemic aid provisions, including those that temporarily suspend the limitation on pass-through businesses' ability to use net operating losses to offset nonbusiness income, has failed to pass.

  • January 14, 2021

    Ill. Justices Urged To Toss Suit Over True-Crime Documentary

    An attorney accused of making false statements in a Showtime documentary about an infamous 1980s Chicago double murder urged the Illinois Supreme Court Thursday to find that an investigator waited too long to sue him and others over the film's allegedly defamatory content.

  • January 14, 2021

    Bennett Jones, Gowling Steer Cresco's $213M Pot Biz Buy

    Multistate cannabis heavyweight Cresco Labs said Thursday it will enter Florida with an all-stock purchase of medical marijuana company Bluma Wellness, a $213 million deal steered by Bennett Jones LLP and Gowling WLG.

  • January 14, 2021

    Justices Say Ch. 13 Doesn't Force Return Of Seized Property

    The U.S. Supreme Court reversed a series of lower court rulings Thursday in finding that the City of Chicago did not violate the automatic stay included in the bankruptcy code when it refused to return impounded vehicles owned by four Chapter 13 debtors.

  • January 13, 2021

    Tom Girardi's Brother Says Celeb Atty Mentally 'Incompetent'

    The brother of Tom Girardi said Wednesday that the celebrity attorney is "incompetent and unable to act for himself," telling a California bankruptcy court that he should be appointed his 81-year-old brother's guardian so he can assist with his mounting legal woes.

Expert Analysis

  • Ill. Case Sheds Light On Cross-State Anti-SLAPP Conflicts

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    An Illinois state appeals court's recent decision in Basile v. Prometheus Global Media calls attention to the unique jurisdictional challenges that arise when opposing parties invoke anti-SLAPP statutes from different states in the course of litigation, says Phillip Zisook at Schoenberg Finkel.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • State AGs' 2020 Actions Offer Hints At 2021 Priorities

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    A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

  • Keys To Creating Standout Law Firm Thought Leadership

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    Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

  • Reasons To Disclose 2020 Data When Selling Franchises

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    Any franchisor considering marketing new franchises in 2021 by leaning on pre-pandemic financial results and omitting 2020 declines should know the perils of this plan, says Rochelle Spandorf at Davis Wright.

  • Perspectives

    Judges On Race: The Power Of Discretion In Criminal Justice

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    Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

  • 7th Circ. Privacy Ruling Could Expand Article III Standing

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    The Seventh Circuit's recent decision in Fox v. Dakkota Integrated Systems, finding that unlawful retention of biometric data inflicts a particularized and concrete harm on a plaintiff in the same way that unlawful collection does, may lend itself to further expansion of the Article III injury-in-fact requirement for standing in a lawsuit, say attorneys at Orrick.

  • Trade Secrets Law 25 Years After PepsiCo Disclosure Case

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    Notwithstanding the expectations at the time, the Seventh Circuit's landmark 1995 decision in the PepsiCo v. Redmond trade secret case has not made the doctrine of inevitable disclosure an alternative to, or backstop for, traditional post-employment noncompetition agreements — though the doctrine continues to be applied, say Peter Steinmeyer and Brian Spang at Epstein Becker.

  • 5 Attorney Business Development Tips For The New Year

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    Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

  • ERISA Exhaustion Defense Still Viable In Some Jurisdictions

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    A Georgia federal court’s recent decision in Fleming v. Rollins is a reminder that despite an ongoing circuit split, administrators facing fiduciary breach claims under the Employee Retirement Income Security Act can, in certain courts, still assert defenses based on plaintiffs' failure to exhaust a plan's administrative remedies, says Art Marrapese at Barclay Damon.

  • Minimizing Disruption To Clients During Law Firm IT Upgrades

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    For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

  • Tips For Drafting Effective Amicus Briefs

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    Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.

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