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Illinois
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March 26, 2024
Wells Fargo Unit Can Send $500M Fund Plunge Suit To NY
An Illinois federal judge said Wells Fargo Securities LLC can transfer to New York federal court a suit accusing it of losing at least $500 million of a hedge fund's value in a wrong-way bet on the markets, since an identical class action is currently pending there.
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March 26, 2024
Mitsubishi Seeks $88.9M From Canadian Truck Sellers In US
Mitsubishi's commercial financing arm has asked federal judges in Connecticut, Illinois and New York to issue at least $89 million in judgments against two individuals in Canada, saying the men in question breached promises to stand behind credit lines extended to two companies that sell tractor trailers and lease equipment.
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March 26, 2024
Conagra Can't Sink Sustainable Fishing False Ad Suit
An Illinois federal judge trimmed but refused to toss a proposed class action claiming Conagra Brands Inc. deceptively labels its seafood products as sustainable when the fish is sourced with methods harmful to oceans, saying the customers have sufficiently alleged the phrase "Good for the Environment" is deceptive.
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March 26, 2024
Opioid Public Nuisance Claims 'Unique,' Ohio High Court Told
Counsel for two Ohio counties that won a $650 million verdict against Walmart, CVS and Walgreens told the Ohio Supreme Court on Tuesday that opioids are a "unique" problem during oral arguments about whether the counties' public nuisance claims are blocked by the state's product liability law.
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March 26, 2024
Ill. Judge Needs More Info To OK $57M Chicken Antitrust Fee
An Illinois federal judge overseeing a sprawling antitrust litigation against broiler chicken producers said he couldn't rule on class counsel's renewed bid for a $57 million attorney fee award thrown out by the Seventh Circuit last year without more information on one of the firm's graduated fee arrangements in a similar 2015 antitrust case, which wasn't disclosed in the first go-around.
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March 26, 2024
Costco Parking Lot Fall Suit Doomed By 2-Inch Rule
An Illinois federal court has thrown out a woman's trip-and-fall suit against Costco Wholesale Corp., saying the less than 2-inch difference in surface height is not enough of a defect that Costco had a duty to repair it.
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March 26, 2024
Newest Illinois Federal Judge Has Financial Crimes Expertise
As he prepares to take his new district court seat, U.S. Magistrate Judge Sunil Harjani is being lauded as a former powerhouse litigator whose extensive experience in complicated financial cases helped him prosecute major white collar crimes and contributed to his thorough approach to handling cases.
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March 25, 2024
In High Court Sentencing Case, It's Everyone V. Gibson Dunn
As the U.S. Supreme Court scrutinizes severe sentencing of repeat offenders, one view is backed by the Biden administration, defense bar groups, incarceration reformers and a household name among appellate advocates. And then there's the view backed by a few lawyers at Gibson Dunn & Crutcher LLP.
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March 25, 2024
Judge Finalizes Ban On Taking $540M IP Fight To China
An Illinois federal judge granted Motorola's request to stop Hytera from pursuing a non-infringement case against it in China, saying Monday that she would also start contempt proceedings in the case.
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March 25, 2024
Ill. Atty Fights To Keep Reinstatement Dispute In DC Court
An Illinois attorney argued Monday that her lawsuit challenging the U.S. Department of Justice and its immigration component's refusal to reinstate her practice before federal immigration courts belongs in D.C. federal court, where the DOJ is based, not Virginia.
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March 25, 2024
Prior Deal Bars Issues-Only Classes In NCAA Football MDL
An Illinois federal judge has denied a bid by former NCAA football players for issue-only classes in multidistrict litigation over concussion injuries, saying a settlement from a prior MDL specifically prohibits issue-only classes.
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March 25, 2024
TreeHouse Shareholders Get New Chance To Sue Execs
An Illinois appellate panel reversed a Cook County judge Friday and revived a derivative lawsuit demanding that TreeHouse Foods sue three individual executives the shareholders claim materially misled them by falsely stating that two newly acquired companies were being successfully integrated into the food company's operations.
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March 25, 2024
7th Circ. Reverses Union's $2.3M Win In Pension Dispute
The Seventh Circuit reversed a Teamsters pension fund's $2.3 million win in a dispute over withdrawal liability against a bulk transport company, finding that a lower court properly denied the union attorney fees but erred in ruling in the union's favor on the merits of the case.
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March 25, 2024
Paul Weiss-Led AbbVie Inks Up To $212M Deal For Landos Bio
AbbVie Inc., represented by Paul Weiss Rifkind Wharton & Garrison LLP, said Monday it will pay up to $212.5 million for Cooley LLP-led Landos Biopharma Inc., a clinical-stage biopharmaceutical company developing treatments for autoimmune diseases.
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March 25, 2024
3 BIPA Pros Join Blank Rome In Chicago From Taft Stettinius
Blank Rome LLP announced the additions of three former Taft Stettinius & Hollister LLP attorneys to its corporate litigation group on Monday, touting the Chicago-based trio's experience with biometric privacy laws in a state that has often led the charge on them.
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March 25, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.
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March 25, 2024
Class Cert. In United Military Leave Suit Will Have To Wait
An Illinois federal judge said he had doubts about claims that United Airlines owes pay to pilots taking military leaves, saying he'll wait for several appeals courts to decide the fate of similar suits before signing off on class certification.
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March 25, 2024
7th Circ. Affirms Co. Can't Get $3.5M Software Deduction
A healthcare company that helps nursing homes buy equipment is not entitled to $3.5 million in tax deductions meant for domestic software production, the Seventh Circuit ruled, saying the company failed to meet the threshold for the break because it didn't actually provide software to customers.
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March 25, 2024
Lender Curo Group Hits Ch. 11 To Slash $1B In Debt
Consumer lender Curo Group Holdings Corp. filed for Chapter 11 protection in Texas on Monday with a plan of reorganization supported by a majority group of creditors, saying it crumbled under a $2.1 billion debt load with high interest rates.
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March 22, 2024
Power Line's Refuge Crossing To Stay On Hold For Now
A Wisconsin federal judge on Friday extended an order temporarily blocking the U.S. Fish and Wildlife Service from executing a land swap that would allow the nearly completed Cardinal-Hickory Creek high-voltage transmission line to cross part of the Upper Mississippi River National Wildlife and Fish Refuge.
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March 22, 2024
Up Next At High Court: Abortion, Jury Trials And Estate Tax
The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.
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March 22, 2024
Ill. Justices Weigh Whether Rule Violation Merits Fee Award
The Illinois Supreme Court has questioned whether two law firms should be allowed to preserve their $1.7 million fee award for their work on a family dispute that settled after they were fired, as the justices asked whether fees are appropriate if the firms never disclosed how they would split the money.
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March 22, 2024
Real Estate Authority: NAR, Climate, Data Center Dollars
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on how the National Association of Realtors could shift broker fees, what the country's patchwork of climate action plans means for real estate, and why private equity is hot on data centers.
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March 22, 2024
Ill. Atty Tampered With Witness In Own Fraud Case, Feds Say
A Chicago-area lawyer facing criminal tax fraud charges has been slapped with a superseding indictment accusing him of witness tampering by trying to script a bookkeeper's testimony, according to an announcement made Friday.
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March 22, 2024
Judge Signals OK For $15M DIP Loan To Petersen Health Care
During a break in a hearing Friday afternoon in Delaware bankruptcy court, senior-living company Petersen Health Care reached an interim deal with its debtor-in-possession lender and its prepetition lenders to let it access $15 million of its proposed $45 million DIP loan.
Expert Analysis
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Ill. Temp Labor Rules: No Clear Road Map For Compliance
While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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3 Rulings Illustrate Infringement Hurdles For Hip-Hop Plaintiffs
Three district court decisions dismissing hip-hop copyright claims recently came down in quick succession, indicating that plaintiffs face significant hurdles when they premise claims on the use of words, phrases and themes that are common in the genre, say Benjamin Halperin and Shiara Robinson at Cowan DeBaets.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.