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Illinois
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February 27, 2024
7th Circ. Says Renewed Removal Orders Must Wait On CAT
The 30-day deadline for people with reinstated deportation orders to go to the circuit courts begins once they've completed the agency appeals process, not when U.S. Department of Homeland Security reinstates the removal order, the Seventh Circuit said Tuesday.
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February 27, 2024
Insurer Gets BIPA Coverage Win After Ill. Appeals Court Ruling
An Illinois federal judge granted a win to an insurer in a coverage dispute with a condiment company over biometric privacy litigation, changing course Tuesday in response to a state appeals decision concerning an identical policy exclusion.
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February 27, 2024
FTC Puts Labor Focus In Merger Basket For 1st Time
Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.
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February 27, 2024
7th Circ. Won't Disrupt Volvo's Veteran Bias Suit Win
The Seventh Circuit refused Tuesday to reinstate a U.S. Army veteran's $7.8 million trial win in her long-running case accusing Volvo of firing her over military-related absences and post-traumatic stress disorder, ruling a lower court reasonably concluded that the verdict was tainted by passion and prejudice.
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February 27, 2024
Veradigm To Acquire ScienceIO, Face Potential Nasdaq Delisting
Healthcare technology company Veradigm announced Tuesday that it would acquire language model startup ScienceIO in a $140 million deal that would help it extract more insights from its data and launch new features across its business.
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February 27, 2024
BNSF Made $75M BIPA Deal After Landmark Award Wiped Out
A class of truck drivers have asked an Illinois federal judge to grant initial approval of a $75 million deal with BNSF Railway Co., after a Chicago federal jury found the railroad violated Illinois' biometric privacy law in 2022 but the initial $228 million judgment was thrown out.
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February 27, 2024
Chicago Board Will Appeal Transfer Tax Referendum Decision
The Chicago Board of Election Commissioners will appeal a Cook County Circuit Court decision that barred the city from counting any votes cast in the real estate transfer tax referendum in the March 19 primary election, the board announced Tuesday.
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February 27, 2024
7th Circ. Chief Defends Discrimination Rules In GOP Letter Reply
The Seventh Circuit's chief judge has told two Republican senators that the circuit is "committed to ensuring an environment free of discrimination," after the senators wrote to her arguing that at least three Illinois federal judges issued unethical and illegal standing orders to promote participation by newer, female and minority attorneys.
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February 27, 2024
Ascension Unit Will Pay $2.6M To End Time Clock BIPA Suit
Presence Health Network in Illinois is set to pay $2.6 million to settle biometric privacy claims from a group of employees who claimed the health system violated their privacy rights by requiring them to scan their fingerprints for timekeeping without first obtaining consent, after a Chicago state judge signed off on the settlement.
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February 27, 2024
Food Co. Gets Inflated ESOP Deal Suit Kicked To Arbitration
An Illinois federal judge said a worker must arbitrate her suit claiming a food manufacturer sold inflated company shares to its employee stock ownership plan, finding the plan's arbitration agreement allows the business to sidestep an exception blocking some federal benefit law claims from out-of-court resolutions.
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February 26, 2024
Ohio Jury Shuts Down Door Co.'s Patent Defense
Federal jurors in Ohio found that the details in some drawings of "door skins" covered by a trio of design patents were somewhat inconsistent, but they were unpersuaded by a major door manufacturer to invalidate those patents just yet.
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February 26, 2024
Vape Wholesaler TM Dispute Booted From Illinois Court
An Illinois federal judge on Monday dismissed a trademark dispute between HS Wholesale Ltd. and HS Global Distribution LLC, saying HS Global doesn't have sufficient contact with the state for the court to have jurisdiction over the claims.
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February 26, 2024
Chicago Can't Count Any Votes In Transfer Tax Referendum
The Chicago Board of Election Commissioners may not count any votes that are cast in the real estate transfer tax referendum in the March 19 primary election, a judge for the Circuit Court of Cook County said in an order Monday.
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February 26, 2024
Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy
A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.
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February 26, 2024
Energizer Zaps Most Portable-Charger False Ad Claims
An Illinois federal judge has trimmed the bulk of a proposed class action alleging Energizer Brands misled customers as to the number of times its power banks can charge smartphones, saying further testing is needed to substantiate allegations the chargers don't perform as advertised.
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February 26, 2024
Chicago Cubs Say Private Jet Co. 'Ghosted' Sponsorship
The Chicago Cubs have hit AeroVanti Aviation with a lawsuit in Illinois state court claiming the private jet membership company failed to pay up for a sponsorship agreement and then left the team holding the bag for a promised sweepstakes that eventually forced the Cubs to pay out a $3 million settlement.
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February 26, 2024
Blackwells Calls Out Disney For 'AI Mediocrity' In Proxy Battle
Blackwells Capital ramped up its activist investor campaign against The Walt Disney Co. on Monday, laying out a "strategic plan" that includes calls for the storied entertainment company to rise above its current "technological shortcomings," including its "AI mediocrity."
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February 26, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.
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February 26, 2024
Insurance Co. Beats Claims Analysts' OT Exemption Suit
A life insurance company prevailed against disability claim analysts alleging they were wrongfully denied overtime pay, as an Illinois federal judge tossed their suit because the workers are administrative employees exempt from overtime requirements.
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February 26, 2024
Teamsters Tell 7th Circ. Sysco Must Arbitrate Benefits Dispute
A Sysco distribution center in Indianapolis must arbitrate its dispute with a Teamsters local over workers' entitlement to early retirement benefits, the union told the Seventh Circuit, arguing the applicable collective bargaining agreement includes a broad arbitration clause.
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February 26, 2024
Sheppard Mullin Adds 2nd Healthcare Partner This Month
Sheppard Mullin Richter & Hampton LLP has continued its recent growth of the firm's Chicago office and its healthcare team with the addition of a second partner within the last month.
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February 26, 2024
FTC Challenges Kroger's $25B Albertsons Buy
The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.
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February 23, 2024
Vanderbilt, 3 Other Elite Schools Ink $166M Aid-Fixing Deals
Vanderbilt University, Northwestern University, Dartmouth College and Rice University on Friday reached settlements totaling $166 million to resolve proposed antitrust class claims alleging that they and 13 other universities conspired to limit student aid.
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February 23, 2024
Meta Unlikely To Beat Most Of BIPA Suit Over Voiceprints
A California federal judge on Friday said she's inclined to deny the bulk of Meta Platforms Inc.'s request to dismiss a proposed biometric privacy class action claiming the social media company collects and stores customer voiceprints through its Facebook and Messenger platforms in violation of Illinois' Biometric Information Privacy Act.
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February 23, 2024
The New BIPA? Attys Warn GIPA Is A 'Live Grenade'
After notable appellate victories in biometric privacy cases, Illinois plaintiffs have seized upon a previously little-used law protecting workers' genetic privacy, leaving defense attorneys wondering if history will repeat itself and open companies to potentially explosive liability.
Expert Analysis
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9th Circ. Gap Ruling Creates Split On Forum Selection Clause
The Ninth Circuit recently held in Lee v. Fisher that a forum selection clause in Gap's bylaws requiring all derivative claims to be brought in Delaware state court is enforceable, but since the Seventh Circuit struck down a similar clause in Boeing's bylaws last year, Supreme Court review may be on the horizon, say attorneys at Davis Polk.
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Why Justices' SuperValu Ruling Wasn't Quite A 'Seismic Shift'
Notwithstanding an early victory lap by the relators' bar, the U.S. Supreme Court’s decision in U.S. v. SuperValu Inc. was a win for both whistleblowers and sophisticated companies, but unfortunately left “subjective belief” to be interpreted by lower courts and future litigants, say attorneys at Baker Donelson.
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Effectual Relief Questions Linger After Section 363 Ruling
In the months since the U.S. Supreme Court's ruling in MOAC Mall Holdings, courts and practitioners must grapple with the issue of what effectual relief courts may grant upon an appeal of an unstayed sale order, says Monique Jewett-Brewster at Hopkins Carley.
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What's Next For Enviro Justice After Affirmative Action Ban?
The U.S. Supreme Court's recent decision striking down affirmative action measures in university admissions raises questions about the future of the Biden administration's environmental justice initiatives — but EJ advocates may still have reasons for cautious optimism, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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BIPA, Meta Pixel Suits Could Reshape Cybersecurity Litigation
Businesses and attorneys should watch several pending electronic privacy cases that revolve around disclosure of protected personal information and health data, which may shape how courts handle damages and class actions in the future of cybersecurity litigation, say Kelly Johnson and Melanie Condon at Goldberg Segalla.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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The Legal Issues Flying Around The Evolving Drone Market
As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.
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3 Ways Courts Approach Patent Eligibility At Trial And After
Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Understanding Illinois' Temp Worker Obligation Updates
Recent amendments to the Illinois Day and Temporary Labor Services Act would significantly expand the protection for temporary workers in the state, impose new compliance obligations on staffing agencies and their client companies, and add significant enforcement teeth to the act, say Nicholas Anaclerio and Ellie Hemminger at Vedder Price.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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A Midyear Look At How AI Is Affecting Lawyers
The past six months have been a notable period for advancements in artificial intelligence and generative AI, and as we head into the second half of the year, we must review the implications that AI has for the legal industry, including how lawyers will be advising clients on use of AI technology, says Natasha Allen at Foley & Lardner.