Illinois

  • June 24, 2022

    Walgreens Inks $105M Deal To End Investor Suit Over Merger

    Pharmacy chain Walgreens and two of its former executives have agreed to pay $105 million to end investor claims the company touted overly rosy ​​financial projections as it sought shareholder approval of its plan to complete the acquisition of Swiss-based pharmacy chain operator Alliance Boots GmbH.

  • June 24, 2022

    Costco Can't Subpoena Itself To Use Chicken Docs In Arb.

    An Illinois federal magistrate judge refused Thursday to let Costco Wholesale Corp. "circumvent" confidentiality protections for documents in a sprawling antitrust lawsuit accusing major chicken producers of price-fixing, documents Costco wanted to use in parallel arbitration against Tyson Foods Inc.

  • June 24, 2022

    Ill. Justices Back Revival Of 1 Claim In Hip Surgery Suit

    The Illinois Supreme Court said Friday that a lower appellate panel was only half right to revive negligence claims against two doctors who allegedly botched a hip replacement surgery, because the panel lacked jurisdiction to review one of the doctor's summary judgment wins.

  • June 24, 2022

    Roe Reversal Leaves States To Make Own Abortion Rules

    State and local lawmakers now have new powers to outlaw abortions and punish those who seek or perform the procedure under Friday's U.S. Supreme Court decision that overturned abortion as a constitutional right.

  • June 24, 2022

    Retailers Cut Midtrial Deal With Impax In Opana Delay Case

    Well into an antitrust trial over an alleged pay-for-delay scheme surrounding Endo Pharmaceuticals' Opana ER painkiller, a group of major retail chains cut a midtrial settlement Friday with Impax Laboratories, one of the defendants in the wide-ranging case.

  • June 24, 2022

    7th Circ. Won't Revive Class Fraud Claims In Sex Abuse Suit

    The Seventh Circuit has affirmed former USA Volleyball coach Rick Butler's defeat of consumer fraud claims stemming from his alleged concealment of sexual abuse accusations against him, agreeing that the lead plaintiff in the case knew about an Illinois agency and USA Volleyball's findings about his alleged sexual abuse and enrolled her children in his club's programs anyway.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    'Absurd' Loophole Keeping Abbott Formula Suits Federal Fails

    An Illinois federal judge overseeing multidistrict litigation alleging Abbott Laboratories' Similac infant formula caused a deadly illness in premature babies on Wednesday remanded four of the cases to state court, finding that allowing the medical company to use the "snap removal" loophole would "produce absurd results."

  • June 23, 2022

    Insurer Wants Out Of Gaming Co.'s Equity Dispute Settlement

    An RSUI unit doesn't have to cover Rush Street Gaming's settlement with an executive who said he was denied an equity stake after the casino company went public, the insurer told an Illinois federal court, saying a liability policy excludes coverage for claims related to compensation and employment agreements.

  • June 23, 2022

    Gold Standard Gets OK For Quick Ch. 11 Auction Hearing

    A Delaware bankruptcy judge on Thursday gave Chicago-based industrial baker Gold Standard Baking the go-ahead to tap into $500,000 in Chapter 11 financing and take a quick first step in what the company hopes to be a monthlong sale process.

  • June 23, 2022

    Casino Mogul Must Give Deposition In $63M Bartlit Beck Row

    A billionaire casino tycoon who owes more than $63 million in a fee dispute with Bartlit Beck LLP must give a deposition and finish responding to discovery requests the firm sent in its collection efforts, an Illinois federal judge ruled Thursday.

  • June 23, 2022

    Abbott Must Face Suit Over Anticonvulsant Birth Defect Risks

    An Illinois appellate panel on Thursday reversed a summary judgment win for Abbott Laboratories in a suit brought by a couple claiming it failed to sufficiently warn physicians that its anticonvulsant drug Depakote could cause birth defects, ruling the suit wasn't barred by another case the couple filed against a Chicago hospital and its doctors.

  • June 23, 2022

    Commerce Sets Anti-Dumping Duties For Fertilizer Imports

    The U.S. Department of Commerce finalized anti-dumping duties on imports of Russian and Trinidadian fertilizer that were found to be subsidized and sold in the U.S. at unfairly low prices.

  • June 23, 2022

    Open Ill. High Court Race Attracts Some Atypical Candidates

    Voters in one suburban Chicago judicial district will vote next week to help winnow down a crowded field of seven Illinois Supreme Court candidates looking to fill the open seat lawmakers created when they redrew the state's judicial districts for the first time in more than 50 years.

  • June 23, 2022

    Lewis Brisbois Adds Corporate Pro To Fla., Chicago Offices

    Lewis Brisbois Bisgaard & Smith LLP has expanded two of its corporate-focused practice groups, with a partner who will split his time between its Florida and Chicago offices, the firm announced Tuesday.

  • June 22, 2022

    Ill. To Elect High Court Justices With First New Map Since 1964

    Illinois voters this year will elect justices to the state Supreme Court based on judicial districts redrawn for the first time since 1964, with partisan control of the state's top court at stake.

  • June 22, 2022

    Wrigley Heir, Cannabis Co. Want Investor Fraud Suit Nixed

    Cannabis operator Parallel and its former CEO, who is also heir of the Wrigley chewing gum fortune, have asked a Florida federal court to toss a shareholder suit demanding at least $25 million in damages for purported securities fraud, arguing it is "not a case of fraud but of disappointed investors."

  • June 22, 2022

    Ch. 11 Cheat Sheet: Gold Standard Baking

    One of the nation's largest industrial bakers, Chicago-based Gold Standard Baking LLC, hit Chapter 11 in Delaware with $140 million in long-term debt and intention to sell its business to secured lenders.

  • June 22, 2022

    Pharmacies' Surescripts Antitrust Case Survives Dismissal

    An Illinois federal court has said pharmacies may move forward with their revamped suit accusing Surescripts of monopolizing the e-prescribing market through the use of restrictive loyalty payments and deals with other industry players including Allscripts.

  • June 22, 2022

    Ill. Panel Says Property Co. Members Owe $1.2M In Atty Fees

    An Illinois appellate panel held Tuesday that a lower court had the authority to order individual members of a company formed to develop Chicago property to pony up roughly $1.2 million in attorney fees, after the court ruled in favor of shareholders accusing the developers of mismanaging the company. 

  • June 22, 2022

    SuperValu Urges High Court Not To Revive FCA Case

    Supermarket chain SuperValu wants the U.S. Supreme Court to reject a challenge to its controversial win at the Seventh Circuit in a False Claims Act liability case, saying there wasn't any circuit split on the issue in the fight.

  • June 22, 2022

    Del. Justices Urged To Revive Kraft Heinz Insider Trade Suit

    Delaware's Chancery Court applied the wrong tests in dismissing a derivative suit for damages from Kraft Heinz Co.'s directors and a controlling stockholder in connection with an alleged $1.2 billion insider trading move, a stockholder attorney told Delaware's Supreme Court on Wednesday.

  • June 22, 2022

    PetSmart Urges Dismissal Of Worker's Voice-Tracking Claims

    PetSmart told an Illinois federal judge Wednesday to throw out a former employee's lawsuit targeting its use of voice-tracking software, arguing he hasn't shown the technology collects voiceprints that are protected by the Biometric Information Privacy Act.

  • June 22, 2022

    Gold Standard Baking Files Ch. 11 With Plans For Sale

    One of the nation's largest industrial bakers, Chicago-based Gold Standard Baking LLC, hit Chapter 11 in Delaware on Wednesday with $140 million in long-term debt and intention to sell its business to secured lenders.

  • June 21, 2022

    BNSF Loses Appeal Bid in Biometric Privacy Ruling

    An Illinois federal judge refused Tuesday to certify an interlocutory appeal of his ruling denying BNSF Railway Co. summary judgment in a putative class action alleging it violated Illinois' biometric privacy law, saying the railroad mischaracterized his ruling and waited too long to move for appellate review.

Expert Analysis

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Chicago Cos. Must Prepare For New Sex Harassment Law

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    A Chicago ordinance taking effect next week imposes new requirements on employers around preventing sexual harassment in the workplace, so in-house employment counsel and human resources professionals should take several compliance steps and invest in efforts to foster respectful workplaces, say attorneys at Proskauer.

  • 1st Amendment May Help Cannabis Cos. Beat TM Claims

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    Frederic Rocafort at Harris Bricken explains how the First Amendment’s free speech protections may present a legal recourse for cannabis brands facing trademark infringement claims — if they can show that their parodic marks have artistic relevance and do not intentionally mislead consumers.

  • How Day-Of-Rest Law Changes May Affect Ill. Employers

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    Recent amendments to Illinois' One Day Rest in Seven Act change meal break calculations and increase penalties for violations, so employers should review their meal, break and day of rest policies and consider conservative precautions to avoid accidental violations or litigation, says Darren Mungerson at Littler.

  • A Robust Tool For Defending Against Illinois Biometric Suits

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    Many defendants in class actions brought under the Illinois Biometric Information Privacy Act may be able to avail themselves of the law's financial institution exemption, which, as two recent cases demonstrate, covers a range of entities beyond traditional banks — but parties must be able to establish their entitlement to this defense, says David Oberly at Squire Patton.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Justices' Airline Ruling Bolsters Arbitration Course Correction

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    The U.S. Supreme Court’s decision last week in Southwest v. Saxon, together with its May ruling in Morgan v. Sundance, limits the reach of mandatory arbitration and sends a strong message to the federal judiciary, with potentially broad applications in the employment context, says University of Denver professor and Outten & Golden counsel Nantiya Ruan.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Ch. 11 Trustee Fee Ruling Leaves Remedy Challenges

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    The U.S. Supreme Court’s unanimous decision this week in Siegel v. Fitzgerald concerning quarterly fees payable by Chapter 11 debtors to fund the U.S. Trustee Program offloads the determination of remedies to the courts below, raising questions such as whether there is a sound legal basis for foisting fees onto North Carolina and Alabama, says Sasha Gurvitz at KTBS.

  • Split Looms Over 9th Circ. Injunctive Relief On False Labeling

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    A split appears to be growing among district courts in the Ninth Circuit about what is actually required to establish standing for injunctive relief claims in false labeling cases, and litigants should brace for greater unpredictability, increased litigation costs and case-by-case resolutions, say attorneys at Alston & Bird.

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