• March 30, 2017

    7th Circ. Wary Of Expanding Atty Liability In Mayer Brown Suit

    A Seventh Circuit panel had serious questions Thursday about a lawsuit brought against Mayer Brown LLP by lenders of a $1.5 billion loan held by General Motors Co., expressing concerns that reviving the class claims would dramatically expand attorney liability.

  • March 30, 2017

    Terror Victims Can't Search Foreign Banks For $67M: 7th Circ.

    Israeli victims of an Iran-backed terror attack will have to look elsewhere to collect on a $67 million default judgment against the country, a Seventh Circuit panel said Wednesday after finding no U.S. court jurisdiction to order the search of foreign branches of foreign banks.

  • March 29, 2017

    Ill. Court Sides With Gov't In EB-5 Residency Status Row

    An Illinois federal judge ruled for the government Tuesday in the case of an Iranian EB-5 investor who sued after U.S. Citizenship and Immigration Services declined to remove conditions from his permanent resident status, saying the agency had reasons for its decision.

  • March 29, 2017

    7th Circ. Says Collector Misled Consumer About Old Debt

    The Seventh Circuit on Wednesday affirmed a ruling that debt collector Portfolio Recovery Associates had run afoul of the Fair Debt Collection Practices Act in its efforts to recoup an old consumer debt, finding the letter it sent to the debtor failed to clearly communicate that the debt had expired. 

  • March 29, 2017

    Ex-Rep. Schock Says DOJ's Insider Flouted Constitution

    Former U.S. Rep. Aaron Schock, R-Ill., said in filings Tuesday that the government’s suit accusing him of stealing from campaign committees and government funds is resting on the shaky foundation of a young staffer-turned-snitch who crossed constitutional lines to get dirt on his ex-boss.

  • March 29, 2017

    Ambit Energy Gets RICO, Rate Suit Thrown Out

    An Illinois federal judge has granted summary judgment to natural gas supplier Ambit Energy Holdings LLC and tossed a proposed class action brought by a ratepayer who alleged the company broke its promises, jacked up rates and violated the Racketeer Influence and Corrupt Organizations Act, ruling the company's conduct did not constitute mail or wire fraud.

  • March 29, 2017

    Ill. FCA Doesn’t Cover Tax Violation Claim, Appeals Court Says

    An Illinois appeals court on Wednesday rejected a suit alleging an online wine retailer violated the Illinois False Claims Act when it failed to collect local taxes on purchases made through its website, saying the customer who brought the suit failed to identify a false claim or representation made by the retailer.

  • March 29, 2017

    JCPenney's $5M Settlement With Workers Passes First Hurdle

    An Illinois federal judge on Wednesday granted preliminary approval to a $5 million settlement that would end a yearslong dispute between J.C. Penney Corp. and part-time employees in Illinois who say they were never paid vacation benefits when they left the company.

  • March 29, 2017

    Motorola Files ITC Complaint Over Hytera Radio Equipment

    Chicago-based Motorola Solutions Inc. said Wednesday that it filed a complaint with the U.S. International Trade Commission seeking to block China’s Hytera Communications Corp. Ltd. from importing two-way radio equipment that Motorola claims infringes several of its patents.

  • March 29, 2017

    $45M Medicare Trial Ends With Lesser Pleas After Gov’t Error

    A trio of defendants accused of cheating Medicare out of $45 million pled guilty to much lesser charges Wednesday and could spend little to no time in jail after the government failed to hand over key evidence during a weekslong trial.

  • March 29, 2017

    Patient Flow Still Matters In Hospital Tie-Ups, FTC Official Says

    Although two federal circuit courts have recently discounted evidence of patient flows in hospital merger challenges by the Federal Trade Commission, the information is still relevant in an assessment of whether a combination of hospital systems is anti-competitive, an FTC official said Wednesday.

  • March 28, 2017

    Judge Frustrated At Sluggish Pace Of Atty Suicide Trial

    Three weeks into a trial to determine if GlaxoSmithKline PLC can be held liable for a Reed Smith LLP partner’s death, the federal judge overseeing the case appeared irritated with the trial's slow progression, telling the attorneys Tuesday he was worried the jury might tune them out.

  • March 28, 2017

    Griffin Williams Sanctioned For Conflict In Trademark Suit

    A federal judge in Illinois on Tuesday struck several filings from a trademark suit over antique car parts, finding that Griffin Williams LLP had a conflict of interest among three defendants and broke ethical rules when it dropped one of them.

  • March 28, 2017

    Vitamin Maker Must Face 'Made In USA' Class Action

    A consumer’s proposed class action against vitamin manufacturer Nature’s Way alleging it misrepresented its products as “made in the USA” can proceed, an Illinois federal judge ruled Tuesday, saying the consumer provided enough proof she was damaged to avoid having the case tossed.

  • March 28, 2017

    Ill. Panel Upholds Jury Question In Blood Clot Death Suit

    A wrongful death lawsuit on behalf of a woman who died of a blood clot can’t be revived, an Illinois appeals court has ruled, finding that a jury question regarding contributory negligence stemming from whether the patient had chosen to take a recommended blood thinner was properly substantiated at trial.

  • March 28, 2017

    Athlete Hits Back At NCAA, Northwestern In Transfer Rule Suit

    A Northwestern University student urged an Illinois federal court Monday not to toss his suit against the school and the NCAA over the loss of his basketball scholarship and rules requiring athletes to sit out a year after transferring, saying his situation shows how the rules hurt competition.

  • March 28, 2017

    Ill. Car Dealership Can't Escape $5M Sales Tax Liability

    The Illinois Independent Tax Tribunal rejected a car dealer’s effort to wriggle free from a $5 million tax bill based on cash-back payments given to customers for vehicle trade-ins, finding that the payments should have reduced the valuation of trade-in credits the dealer deducted from its tax liability.

  • March 27, 2017

    ERISA Exception Applies To Church Affiliates, Justices Told

    The phrasing of the religious exemption provision of the Employee Retirement Income Security Act dominated arguments by nonprofit hospitals on Monday as they urged the U.S. Supreme Court to find that benefit plans maintained by church affiliates, regardless of whether established by an actual church, are still free of the federal regulations. 

  • March 27, 2017

    Freeborn Nets Locke Lord Antitrust Pro For Insurance Group

    Freeborn & Peters LLP has snagged a Locke Lord antitrust litigation co-head for its litigation and insurance groups, it announced Monday.

  • March 27, 2017

    ICE Detentions Illegally Long, Claims Detained Citizen

    A U.S. citizen detained by U.S. Immigration and Customs Enforcement’s Chicago field office filed a putative class action Monday in Illinois federal court alleging that detainees are routinely held longer than the 48-hour maximum established by the courts, in violation of federal immigration law and the Fourth Amendment.

Expert Analysis

  • Series

    Advocate For An Agency: Ex-FERC GC Cynthia Marlette

    Cynthia Marlette.jpg

    Cynthia Marlette, the Federal Energy Regulatory Commission's general counsel from 2001 to 2005 and from 2007 to 2009, reflects on how she addressed the job's many responsibilities, including advising the commission on laws and enforcement actions, developing policy, seeking consensus among commissioners, and overseeing defense of agency actions in court, as well as dealing with historic events like the California energy crisis.

  • Potential Class Cert. Pitfalls Lurking In Local Rules

    Stephen R. Smerek

    Is there a deadline to move for class certification? When is the deadline? Should the parties stipulate to an extension? And, if they do, will the court grant it? Every practitioner must carefully evaluate these questions at the outset of any putative class action to develop a cohesive strategy for addressing certification issues and avoid potential risks hidden in local rules, say Stephen Smerek and Shawn Obi of Winston & Strawn LLP.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Proposed Rules Pose Challenges For Pharma Reps In Chicago

    Erik Snapp

    Pharmaceutical companies and their representatives must prepare to navigate new licensing regulations in Chicago in order to market or promote their products to health care providers. Attorneys with Dechert LLP explain the proposed rules and analyze what the changes will mean for pharmaceutical companies and their representatives.

  • Liability Of Premises Owners In The Age Of Social Media

    Douglas Pfeiffer

    When social media is used to broadcast or coordinate the details of planned and potentially criminal conduct — such as looting stores or starting fights — what legal responsibility does a premises owner have to an invitee injured by the resulting criminal action? Businesses will not be able to avoid liability by willfully ignoring social media, say Douglas Pfeiffer and Joshua Kahn of Miles & Stockbridge PC.

  • Post-Escobar Courts Reaching Consensus On FCA Materiality

    Courtney Saleski

    Following the U.S. Supreme Court's Escobar decision last year, some litigators were skeptical that district courts would actually dismiss qui tam False Claims Act cases on materiality grounds. However, four circuit courts have cited Escobar’s demanding materiality standard when granting the defendants’ pretrial motions, say attorneys with DLA Piper.

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • Challenging Personal Jurisdiction In Online Conduct Cases

    Blaine C. Kimrey

    A discussion of personal jurisdiction is conspicuously absent from an Illinois federal judge's recent opinion in Rivera v. Google. However, it seems that a company like Google could rely on past Seventh Circuit and U.S. Supreme Court decisions to dispute personal jurisdiction when there are no contacts between the defendant and the forum state, other than those created by the plaintiffs, say Blaine Kimrey and Bryan Clark of Vedder Price PC.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.