Illinois

  • May 23, 2017

    Jones Day Snags Reed Smith Tax Partner In Chicago

    Jones Day’s Chicago office snagged another tax partner last week in the form of a former general counsel for the Illinois Department of Revenue and partner at Reed Smith LLP.

  • May 23, 2017

    Insurer Says Bribe Case Erases Defense Duty To Racetrack

    Illinois Northern RSUI Indemnity Co. argued Monday it is not required to defend an Illinois racetrack operator against a $21 million suit alleging fraudulent money transfers, saying it falls under a policy exclusion for cases related to its bribery of former Gov. Rod Blagojevich.

  • May 23, 2017

    40 States Defend Power To Bring Generic-Drug Price-Fix Suit

    Forty states on Monday defended their lawsuit against six generic-drug manufacturers alleging they divided the market and fixed the price of an antibiotic and a diabetes treatment, saying they have the authority to seek an injunction and monetary relief under federal antitrust law.

  • May 23, 2017

    Labaton Sucharow Adds 3 To SEC Whistleblower Practice

    Labaton Sucharow LLP has increased its Securities and Exchange Commission whistleblower practice from one partner to four with the addition, announced Tuesday, of three former SEC and Department of Justice officials.

  • May 23, 2017

    Target Pays $18.5M To Settle States' Probe Over 2013 Breach

    Target has reached an $18.5 million settlement with 47 states and the District of Columbia to resolve the states’ investigation into the company’s 2013 data breach — the largest multistate data breach deal ever reached, according to a statement by multiple states’ attorneys general on Tuesday.

  • May 22, 2017

    Class Calls AutoZone Parts Case 'Simple' Enough For Cert.

    A putative class of AutoZone consumers suing over the sale of 40,000 allegedly defective and dangerous timing-chain tensioners for Chrysler V-6 engines hit back at the retailer and its supplier on Friday, accusing AutoZone and parts manufacturer S.A. Gear Co. Inc. of falsely representing facts in response to a motion for class certification.

  • May 22, 2017

    Ill. Appeals Court OKs Medical Marijuana For Post-Op Pain

    An Illinois appeals court on Monday affirmed a trial court’s finding that the director of the state’s Department of Public Health broke the department’s own rules when he unilaterally denied an unnamed man’s petition to add chronic postoperative pain to the list of diseases the state’s medical marijuana law covers.

  • May 22, 2017

    Shook Hardy Office Head Decamps For Office-Founding Gig

    Bradley & Riley PC will open a new Chicago office under the new name Bradley Riley Jacobs PC after snagging Shook Hardy & Bacon's Chicago office head, a veteran litigator, to lead the venture.

  • May 22, 2017

    Insurer Wants To See Settlement Deal In $5.2M Med Mal Suit

    American Physicians Assurance Corp. on Monday asked an Illinois federal court to force a surgical center suing the insurer for negligence to turn over a settlement it reached with Lowis & Gellen LLP after APAC and the law firm’s actions allegedly led to a $5.2 million medical malpractice verdict against the center.

  • May 22, 2017

    HomeAway Sues Chicago Over Short-Term Rental Ordinance

    HomeAway.com on Monday filed a federal lawsuit seeking to keep the city of Chicago and its consumer protection bureau from enforcing a new ordinance the vacation rental marketplace said violates federal law and the U.S. Constitution by unclearly and unfairly regulating its platform.

  • May 22, 2017

    Doc Giving Citizenship Test Waiver Gets Probation, $100K Fine

    A Chicago psychiatrist was sentenced to three years probation and a $100,000 fine Monday by a judge who questioned why it took the federal government so long to indict him for trying to procure a U.S. citizenship test waiver for at least one immigrant patient.

  • May 22, 2017

    Fee Deal Need Not Explain Joint Financial Duty: Ill. Justices

    A fee-sharing deal between a Chicago personal injury firm and another lawyer is enforceable despite a failure to expressly state that both sides had a financial responsibility for the workers' compensation cases, the Illinois Supreme Court has ruled.

  • May 22, 2017

    SunCoke Energy Prices Downsized $630M Debt Offering

    Illinois-based SunCoke Energy Partners LP, a master limited partnership that makes metallurgical coal used in steel-making, said Friday its subsidiary priced a downsized, high-yield bond offering of $630 million to private investors, marking the latest coal company to tap capital markets.

  • May 22, 2017

    Blagojevich Puts Case Before 7th Circ. For 3rd Time

    Former Illinois Gov. Rod Blagojevich asked the Seventh Circuit to take on his case for a third time on Friday, petitioning for the full court to reconsider whether his 14-year sentence is still appropriate given that several of his corruption convictions were thrown out.

  • May 19, 2017

    Prenda Law 'Porn Troll 'Agrees To Be Disbarred In Illinois

    An attorney with Prenda Law who pled guilty in March to scheming to extort millions in fraudulent copyright infringement settlements from people who downloaded pornographic movies has agreed to be disbarred, according to the Illinois Attorney Registration and Disciplinary Commission.

  • May 19, 2017

    Ill. Attorney Censured For Hiding Client's Death

    The Illinois Supreme Court on Thursday censured Illinois attorney Dmitry Feofanov for concealing his client's death while representing him in a consumer fraud case, continuing to appear in court and make settlement demands to the defendants without revealing that his client had died.

  • May 19, 2017

    Chicago Aims To Borrow $389M To Finish School Year

    Chicago Mayor Rahm Emanuel's office on Friday laid out a plan to borrow $389 million to get the Chicago Public Schools to the end of the school year and make most of a larger-than-anticipated $721 million pension payment at the end of June.

  • May 19, 2017

    Judge Approves $5.2M Kmart Breach Settlement With Caveat

    An Illinois federal judge Friday greenlit a $5.2 million deal that ends a dispute between Kmart Corp. and a class of banks forced to reimburse customers after a data breach, though the judge said his ruling was subject to his review of some settlement distributions.

  • May 19, 2017

    Target, Wal-Mart Can't Dodge Herbal Supplement MDL Claims

    Target, Walgreens and Wal-Mart must face the bulk of claims brought by consumers in multidistrict litigation over the contents of the companies’ herbal supplement products, an Illinois federal judge said Friday.

  • May 19, 2017

    7th Circ. Skeptical Of Broker's Claim On Colts Season Tickets

    Counsel for a ticket broker who said the Indianapolis Colts unfairly rescinded his season tickets after he paid to renew them faced skepticism in the Seventh Circuit on Friday, with one circuit judge saying she believed the team had that right.

Expert Analysis

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.

  • Series

    Revisiting Affiliated Ute: Impact In The 7th Circ.

    Julie Goldsmith Reiser

    In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.

  • Why Hively Offers Limited Protection To LGBT Employees

    Phillis Rambsy

    Does discrimination based on gender include sexual orientation? With its decision in Hively v. Ivy Tech Community College, the Seventh Circuit recently said yes. But this answer won’t help everyone, says Phillis Rambsy of the Spiggle Law Firm.

  • Series

    Revisiting Affiliated Ute: 4 Lines Of Cases In 3rd Circ.

    John Harnes

    Over the last 45 years, Affiliated Ute has, in the Third Circuit, spawned primarily four lines of cases, each addressing a distinct issue raised by that ruling. The most vexing issue, particularly in cases that involve misrepresentations and omissions, is when the presumption applies and when it does not, says John Harnes of Chitwood Harley Harnes LLP.

  • Workplace Marijuana Accommodations: The Road Ahead

    Ruth Rauls

    As the number of states legalizing marijuana use continues to grow, the federal government maintains — and indeed perhaps may soon begin to strengthen — its stance of illegality. Therefore, employers will continue to face more issues and uncertainties, say Ruth Rauls and Jason Ross of Saul Ewing LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Series

    Revisiting Affiliated Ute: Will It Supersize Leidos?

    James Goldfarb

    The rebuttable presumption of reliance adopted by the U.S. Supreme Court 45 years ago in Affiliated Ute threatens to supersize the expanded basis for omission liability signaled by Leidos v. Indiana Public Retirement System, which the court will review next term, say attorneys with Murphy & McGonigle PC.

  • What We Know So Far About Direct Infringement Post-Form 18

    Eric Kaviar

    Following the abrogation of Form 18 in December 2015, what does it mean to state a claim of direct patent infringement? Eric Kaviar of Burns & Levinson LLP recently reviewed all of the substantive district court opinions grappling with this question. Here's what he found.

  • The Stakes Are High In FTI Consulting V. Merit Management

    Brian Koosed

    Litigation over the Section 546(e) safe harbor has been on the rise in the last several years and the defenses against these suits have been furious. This makes the U.S. Supreme Court’s decision to review FTI Consulting v. Merit Management even more important, say Brian Koosed and Robert Honeywell of K&L Gates LLP.

  • Series

    Revisiting Affiliated Ute: High Court Needs A Reboot

    Gary Aguirre

    The U.S. Supreme Court has reduced the giant oak that is Rule 10b-5 to a stump with one withered branch — the narrow scope of liability under Rule 10b-5(b). The court must retrace its steps back to Affiliated Ute, which recently turned 45 and was the court's last decision before it adopted the false star Blue Chip Stamps, says Gary Aguirre, a former staff attorney at the U.S. Securities and Exchange Commission.