Illinois

  • June 01, 2020

    EPA Finalizes Ethylene Oxide Reduction To Lower Cancer Risk

    The U.S. Environmental Protection Agency on Monday reduced how much of the carcinogenic chemical ethylene oxide that some chemical manufacturers can release, targeting a pollutant that has increasingly been the subject of lawsuits.

  • June 01, 2020

    NY Judge Says Ill. Plaintiff Can't Control Clearview BIPA Suits

    An Illinois plaintiff alleging Clearview AI's searchable face database violates the state's biometric privacy law has "no right to control the litigation and disposition of any claim other than his own" and can't intervene in similar cases pending in the Southern District of New York, a New York federal judge ruled Friday.

  • June 01, 2020

    Schiff Hardin Didn't Breach Contract With Former Partner

    Schiff Hardin LLP didn't breach an express or implied contract with a former partner by refusing to pay him more for the years he was receiving disability payments following a cancer diagnosis, an Illinois appellate court has said, affirming an arbitration award in favor of the firm.

  • June 01, 2020

    Texas Energy Co. Beats 'Hazy' Trade Secrets Claims

    A digital marketing company has repeatedly failed to show its trade secrets were stolen by an energy company that had licensed its software or that its information ever qualified as trade secrets, an Illinois federal court ruled Sunday.

  • June 01, 2020

    DOJ Closes Immigration Courts In 15 Cities Over 'Civil Unrest'

    The U.S. Department of Justice's Executive Office for Immigration Review announced on Twitter late Sunday and early Monday that it would be closing immigration courts in 15 cities due to what it called "civil unrest" related to the anti-racism protests sweeping the country.

  • June 01, 2020

    2nd Circ. Side-Eyes Vehicle Emissions Penalty Rollback

    A Second Circuit panel appeared skeptical Monday about whether the Trump administration was within its rights to implement a nearly 61% rollback of penalties for violations of motor vehicle average fuel economy standards.

  • June 01, 2020

    Deloitte Faces Heat Over Unemployment System Data Breach

    Deloitte Consulting LLP has been hit with a proposed class action in New York federal court accusing the company of dropping the ball on securing personally identifiable information for those applying for benefits under the federal Pandemic Unemployment Assistance program.

  • June 01, 2020

    JPMorgan Hit With Another Futures Spoofing Class Action

    The latest of several proposed class actions alleging JPMorgan Chase has been manipulating futures markets since 2009 though the illegal trading strategy called spoofing was filed Friday in Illinois federal court.

  • May 29, 2020

    D&O Insurer Didn't Deny In Bad Faith, Ill. Appeals Court Says

    An Illinois appellate court held Thursday that Liberty International Underwriters wasn't unreasonable or vexatious when it denied coverage under a directors and officers policy to an entertainment company accused of minority ownership oppression.

  • May 29, 2020

    Chicago To Pay $5M Over Improper Vehicle Impoundments

    Chicago has agreed to pay $4.95 million to a proposed class of vehicle owners who claimed drug use-related vehicle impoundments violated their due process rights, the car owners told an Illinois federal court.

  • May 29, 2020

    Homeowners Ask 7th Circ. To Revive Toxic Dust Suit Again

    Wisconsin property owners say a district court has failed twice now to properly apply environmental protection laws after a 2015 facility demolition allegedly spewed up so much contaminated dust that they needed windshield wipers to drive.

  • May 29, 2020

    Top Golf, Ex-Workers Say BIPA Standing Ruling On Their Side

    Top Golf USA Inc. and a group of former workers have staked out opposing positions on whether the Seventh Circuit's recent ruling on federal standing in Illinois biometric privacy litigation helps or hurts the company's attempt to keep the dispute in federal court.

  • May 29, 2020

    McDonald's Aims To Settle Workers' COVID-19 Safety Suit

    McDonald's told an Illinois state judge Friday that it believes it can work out a resolution to a dispute with a proposed class of workers who asked the court to require better safety and protection for workers during the COVID-19 pandemic.

  • May 28, 2020

    Ex-Cafe Worker Must Fix $3.2M Deal In Biometric Data Case

    An Illinois federal judge on Thursday rejected a former cafe employee's proposed $3.2 million settlement she'd hoped would end her proposed class action alleging Corner Bakery Cafe misused its employees' biometric data, ruling that it wrongly limits class members' ability to object to the deal or appeal.

  • May 28, 2020

    Express Scripts Loses Bid To Probe Emails In Antitrust Case

    Express Scripts Inc. may not use an "overbroad" discovery request to dig through years of emails belonging to a consultant for an Illinois city that filed a proposed class action over drugmaker Mallinckrodt's purported scheme to drive up the cost of a hormone treatment, an Illinois federal judge has ruled.

  • May 28, 2020

    Insurer Tells 7th Circ. Coverage Doesn't Apply In Injury Suit

    Columbia Insurance Group Inc. told the Seventh Circuit Thursday that a lower court incorrectly found it had a duty to defend two property companies as additional insureds in a man's lawsuit over injuries he suffered at work.  

  • May 28, 2020

    House Dems Ask FTC To Probe TikTok Over Kids' Privacy Deal

    More than a dozen U.S. House Democrats are pushing the Federal Trade Commission to look into allegations that TikTok blatantly disregarded a deal with the agency that required it to bolster its privacy protections for children, joining a chorus of advocacy groups and other lawmakers who have raised questions about the popular video-sharing app's collection and use of personal data. 

  • May 28, 2020

    Poultry Cos. Say Crisis Response First, Price-Fix Depos Later

    Chicken producers facing allegations of a sweeping price-fixing conspiracy have pushed back on poultry buyers' bid to get some depositions back underway, arguing they can't adequately prepare witnesses while straining to brace a food supply chain rocked by the pandemic.

  • May 28, 2020

    Coronavirus Litigation: The Week In Review

    A BigLaw firm and the NBA face lawsuits over allegedly delinquent rent payments, House Republicans are suing Speaker Nancy Pelosi over proxy voting amid the ongoing pandemic and Enterprise Rent-A-Car employees say the company should have warned them that mass layoffs were on the horizon. 

  • May 28, 2020

    Panel Suggests Suspension After Ill. Atty Wronged 2 Clients

    An Illinois lawyer should be suspended from practice for 30 days after he failed to diligently represent two clients in separate cases and failed to keep one of them informed about his case, a state attorney disciplinary panel said Wednesday.

  • May 28, 2020

    Real Estate Rumors: TikTok, Swezy Family, Amazon

    TikTok has reportedly leased 232,000 square feet in New York, Florida investors Lewis and Elizabeth Swezy have allegedly picked up a development site in the state for $4.05 million and Amazon is reportedly opening up a 43,000-square-foot grocery store in Illinois later this year.

  • May 28, 2020

    Advocacy Orgs Say Clearview AI Broke Biometric Privacy Law

    The American Civil Liberties Union and other advocacy groups hit Clearview AI Inc. with a lawsuit in Illinois state court Thursday claiming the facial recognition technology company has violated the biometric privacy rights of their members, program participants and other Illinois residents on a "staggering scale."

  • May 27, 2020

    Calif. Leads Coalition Challenging Trump Fuel Economy Rule

    A coalition of more than 20 states and local governments led by California challenged the Trump administration's new greenhouse gas and fuel economy standards in the D.C. Circuit on Wednesday, arguing they are an unlawful retreat on a major climate change policy that will make public health worse.

  • May 27, 2020

    3D-Printed Gun Firm Urges 9th Circ. To Revive Blueprint Deal

    An organization that develops blueprints for 3D-printed guns has urged the Ninth Circuit to reinstate a deal with the U.S. Department of State allowing it to publish the firearm schematics online, calling states' challenge to the agreement a move against its First Amendment rights.

  • May 27, 2020

    Marketing Co. Hit With TCPA Suit Over Insurance Cold Calls

    An Illinois resident claimed in federal court Wednesday that a Utah-based marketing company's vendor launched a prerecorded insurance telemarketing campaign by unlawfully cold-calling people who had no relationship with the company "whatsoever."

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Adapting To Worker-Friendly City Laws Prompted By Virus

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    COVID-19 has led to municipal legislation focused on scheduling, paid sick leave, anti-retaliation and protections for laid-off workers that businesses must monitor and adapt to as they call back employees and resume customer services, say Julie Trester and Jeremy Glenn at Cozen O'Connor.

  • Perspectives

    Illinois Must Do More To Protect Consumers In Debt

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    A recent Illinois Supreme Court order limiting debt collectors' ability to freeze personal bank accounts during the pandemic is progress, but it does not solve the underlying issue that debt courts are rigged against low-income people, says Ashlee Highland at CARPLS Legal Aid.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Limiting Employer Liability For Secondhand Virus Exposure

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    While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.

  • Assessing The Novel Antitrust Claims In Humira Case

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    Indirect purchasers are accusing AbbVie of anti-competitive conduct through the use of so-called patent thickets to allegedly delay biosimilar versions of Humira — a theory that would potentially hold a pharmaceutical company liable for the acquisition and enforcement of its patents, raising important legal and economic questions, say analysts at Charles River Associates.

  • 7 Considerations For BIPA Class Action Defense

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    Jad Sheikali at Honigman outlines the ever-growing list of issues facing companies defending class actions under the Illinois Biometric Information Privacy Act and how jurisdictional pitfalls and recent developments in preemption may affect defense strategies.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Justices Should Construe Computer Fraud Law Narrowly

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    In U.S. v. Van Buren, the U.S. Supreme Court should follow burglary and trespass cases to limit the Computer Fraud and Abuse Act’s scope to accessing or misusing employer data and avoid the absurd result of criminalizing an employee's unauthorized Facebook visit, say Anthony Volini and Karen Heart at DePaul University.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • CCPA Is 1 Of Many Retailer Data Privacy Class Action Worries

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    As class actions targeting the sale of consumer data pose an increasing threat to retailers under the California Consumer Privacy Act and other states’ consumer protection laws, companies must ensure compliance with each statute and assess their vulnerability to deceptive conduct allegations, say Stephanie Sheridan and Meegan Brooks at Steptoe & Johnson.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

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