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Illinois
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February 13, 2024
Former Federal Prosecutor Returns To McDermott In Chicago
Nearly two decades after he began his legal career at McDermott Will & Emery LLP, a former assistant U.S. attorney and chief of the criminal division at the U.S. attorney's office in Chicago has returned to the firm.
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February 12, 2024
Justices Asked To Ignore 'Unremarkable' McDonald's Ruling
Former McDonald's workers urged the U.S. Supreme Court not to review the hamburger chain's appeal of a Seventh Circuit ruling reviving a proposed class action targeting the company's since-discontinued franchise agreement's no-poach provisions.
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February 12, 2024
7th Circ. Says Plaintiffs' Strategy Doomed Lead Paint Appeal
The Seventh Circuit has largely rejected a bid to revive toxic tort cases brought by roughly 170 plaintiffs allegedly harmed by lead paint pigment, saying a trial ruling dashing some members' claims applied broadly to almost the entire group.
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February 12, 2024
Ex-CEO Of Health Co. Found Guilty Of Fraud After $195M Loss
An Illinois federal jury on Monday found the former chief executive officer of a healthcare company guilty on all 13 criminal charges brought by the federal government alleging his company tricked consumers into purchasing health insurance that didn't cover what the company promised.
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February 12, 2024
Ex-Madigan Aide Gets 2.5 Years For Lying In Grand Jury Probe
Former Illinois House Speaker Michael Madigan's longtime chief of staff was sentenced to 30 months in federal prison Monday for lying to a grand jury that was investigating his former boss's relationship with lobbyist and confidant Michael McClain.
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February 12, 2024
Schools' $104M Aid-Fixing Deal OK'd, Vanderbilt Deal Coming
An Illinois federal judge on Monday granted initial approval to a $104.5 million deal with Yale, Emory, Brown, Columbia and Duke in a proposed antitrust class action claiming that 17 universities conspired to limit student aid, with another settlement from Vanderbilt expected to hit the docket in the coming weeks.
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February 12, 2024
Illinois Supreme Court Forms Generative AI Task Force
The Illinois Supreme Court launched a task force investigating uses of generative artificial intelligence, with a roster that includes judges, administrators and attorneys, a spokesperson at the courts has confirmed to Law360 Pulse.
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February 09, 2024
Tubi Can't Tune Out Viewing History Privacy Suit
Streaming service Tubi must litigate a user's proposed class suit claiming the company unlawfully shares her and others' viewing history and personal information with advertisers, an Illinois federal judge has ruled, rejecting Tubi's bid to either arbitrate or dismiss the claims.
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February 09, 2024
Biden Admin. Seeks Suppliers For Major Clean Energy Deals
The Biden administration is looking for contractors to provide clean electricity to civilian and defense agencies in the mid-Atlantic and Midwest states for what it says will be one of the federal government's "largest-ever clean electricity purchases."
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February 09, 2024
Freight Co. Workers Fight To Keep Fingerprint Data Suit Alive
Old Dominion Freight is only raising a timing argument to dodge claims it unlawfully scans and stores employees' fingerprints without their consent because "it is upset," a group of workers told an Illinois federal judge Friday.
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February 09, 2024
Ex-Ill. Senator Detained Pending Trial After Ignoring Feds
Former Illinois Sen. William "Sam" McCann was ordered into federal custody on Friday for failing to contact probation officers following his discharge from a hospital, where he underwent a procedure the same day he was scheduled to go to trial on campaign fund misuse charges.
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February 09, 2024
FTC Clears AbbVie To Proceed With $10.1B ImmunoGen Buy
The 30-day waiting period for U.S. antitrust enforcers to review AbbVie's $10.1 billion purchase of ImmunoGen came and went without a move to deepen the investigation or challenge the deal, clearing the parties to close the agreement on or about Monday, ImmunoGen said on Thursday.
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February 09, 2024
2023 Patent Litigation: A Year In Review
Attorneys filed fewer patent suits in district courts in 2023 than in any year for more than a decade, and the amount of America Invents Act petitions at the Patent Trial and Appeal Board fell to a 10-year low as well. The Western District of Texas also lost its place as the most popular patent litigation venue in the U.S. in 2023, with the Eastern District of Texas overtaking it.
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February 08, 2024
DOJ Investigating Metropolis Tech's $1.5B SP Plus Deal
Mobility services provider SP Plus said on Wednesday that it had received another request for information from the U.S. Department of Justice on its planned $1.5 billion merger with Metropolis, a payments tech company.
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February 08, 2024
Renderings Pitch White Sox Ballpark In Chicago's South Loop
Developer Related Group has released a series of renderings to tease a possible move by the Chicago White Sox from their Guaranteed Rate Field to a new riverfront site in the city's South Loop.
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February 08, 2024
Dentists In $13B Delta Dental Suit Want Class Status
Dental providers claiming the nation's largest dental insurance system and its members engaged in a $13 billion scheme to restrict competition and lower reimbursement rates told an Illinois federal judge their claims deserve class treatment because common evidence will prove both the alleged conspiracy and its impact.
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February 08, 2024
Judicial Nominee Assures GOP Sens. She's Not A Marxist
Republicans on the Senate Judiciary Committee raised concerns about two U.S. district court nominees appearing before the committee on Thursday over their supposed ties to Marxism and the defund the police campaign, but the nominees tried to disabuse lawmakers of that suggestion.
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February 08, 2024
McDonald's Ends Suit Accusing Managers Of Racist Abuse
McDonald's and a franchisee have resolved a race bias suit from Black former workers who said their managers called them "ghetto" and "smelly" and fired one of them for complaining about it, according to a filing in Illinois federal court.
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February 07, 2024
EDTX Eclipses WDTX As Top Patent Venue
The Eastern District of Texas in 2023 surpassed the state's Western District as the most popular venue for patent litigation nationally, now that patent cases are no longer automatically assigned to a prominent judge in Waco, according to new data from Lex Machina.
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February 07, 2024
New Patent Suits Fall To Lowest Level In Over A Decade
There were fewer patent suits filed in 2023 than in any year for over a decade, a drop that attorneys attribute to wariness among some patent litigants due to funding disclosure rules in one prominent patent venue and changes in how cases are assigned to judges in another.
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February 07, 2024
6th Circ. Won't Rehear Fight Over FERC's Price-Cap Rule
The Sixth Circuit on Wednesday declined to rehear its December price cap ruling that power supplier groups said is being misconstrued by the Federal Energy Regulatory Commission to argue that the D.C. Circuit's ability to act on related litigation is limited.
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February 07, 2024
Longford Argues Patent Settlement Row Must Be Arbitrated
Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.
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February 07, 2024
Pratt & Whitney Docs Shielded From Airline's $30M Suit
RTX Corp. subsidiary Pratt & Whitney won't be forced to hand over internal sales documents and communications as part of a $30 million feud between a competing airplane maintenance contractor and a British Airways affiliate that is playing out in an Illinois court, a Connecticut federal judge has ruled.
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February 07, 2024
CoinDeal Fraud Promoters Ordered To Repay Profits
An Illinois federal judge on Wednesday granted the U.S. Securities and Exchange Commission final judgment against two women it accused of advancing the CoinDeal investment fraud scheme, requiring them to disgorge more than $840,000 in restitution and fines.
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February 07, 2024
Haynes Boone Partner Faces Suit Over Fund Transfer In Ch. 7
The Chapter 7 trustee of a bankrupt New York diversity consulting firm has filed a suit in a New York bankruptcy court accusing the firm's president — a Haynes and Boone partner — of improperly transferring more than $623,000 to a different company under her control.
Expert Analysis
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What The Justices' Questions Signify For FCA Compliance
Whatever the outcome of two False Claims Act cases pending before the U.S. Supreme Court, the justices' questions during recent oral arguments indicate that government contractors should take certain steps to ensure their compliance programs are demonstrably active and adaptable, say Holly Butler and Rebecca Fallk at Miles & Stockbridge.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Beware Patchwork Of State NIL Laws For Student-Athletes
With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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The Latest Legal Trends In The Food And Beverage Industry
The food and beverage-related litigation and legislation introduced in the first months of 2023, which centered on questions of product labeling and allegations of chemical contamination, illustrate why manufacturers should stay abreast of regulatory developments and trends in consumer concerns, say attorneys at Harris Beach.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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EPA's Good Neighbor Ozone Plan: What Cos. Should Know
With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Series
Prosecutor Pointers: Make Time For Expert Witness Prep
As evidence analysis techniques become more scientifically advanced, prosecutors should invest ample time and follow a preparation checklist so that pretrial meetings with expert witnesses are efficient and productive, culminating in a persuasive and understandable presentation at trial, says Illinois state prosecutor Amy Watroba.
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Ill. High Court Could Shift Scope Of Intracorporate Defamation
The Illinois Supreme Court recently agreed to hear Project44 v. FourKites, giving it the opportunity to clarify its framework on defamation, including its stance on company-disparaging communications to a corporate officer or director from an outside third party, says Phillip Zisook at Schoenberg Finkel.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.