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Illinois
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February 23, 2024
Homebuyers' NAR Antitrust Claims Still Fail, Ill. Judge Says
An Illinois federal judge has again axed federal antitrust claims brought by a proposed class of homebuyers challenging the National Association of Realtors' commission rules, while allowing some of the new state law claims to move forward.
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February 23, 2024
Walgreens Investors Near Deal In Suit Over Opioid Epidemic
An Illinois federal judge agreed Friday to maintain a stay in a stockholder derivative suit accusing Walgreens and its leadership of failing to limit retail pharmacies from dispensing unreasonable amounts of opioids, a day after the parties announced an agreement in principle to resolve their dispute.
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February 23, 2024
Dickinson Wright Pulls In IP Atty From Steptoe
Dickinson Wright PLLC continues to expand its intellectual property team, adding a new member to its Chicago office from Steptoe LLP.
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February 23, 2024
Judge Nixes Walmart 'Raw Honey' False Ad Class Action
A Chicago federal judge granted dismissal of a proposed class action against Walmart alleging its "raw honey" and "organic raw honey" were falsely branded, saying there were no allegations about what the lead plaintiff believed when he bought the products, or what a reasonable consumer would believe.
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February 23, 2024
Insurance M&A Partner From Sidley Joins Kirkland
Kirkland & Ellis LLP has added a corporate partner in its insurance transactions and regulatory and financial institutions practice groups, bringing on a former Sidley Austin LLP attorney who said he "couldn't be more excited" to join the firm's Chicago office.
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February 23, 2024
Ex-Major Lindsey Worker Fights Arbitration In Sex Assault Suit
The trustee for a former Major Lindsey & Africa employee pursuing a negligence suit in New York state court against the firm tied to a reported sexual assault has filed an opposition to the legal recruiting giant's motion to compel arbitration, arguing that it disregarded "the seismic shift in the law against forced arbitration."
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February 22, 2024
CVS Says Redbox Won't Remove Kiosks Despite Expired Deal
Pharmacy chain CVS filed a lawsuit against Redbox in Illinois state court Wednesday alleging the DVD rental company has refused to remove its kiosks from 10 CVS stores across the country after their deal expired, and is seeking over $424,000 in unpaid commissions and the removal of the kiosks.
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February 22, 2024
YouTube Privacy Judge 'Flummoxed' By Kids' Liability Theory
A California federal judge indicated Thursday that she's open to trimming a revived proposed class action alleging Google and companies that host child-friendly YouTube channels illegally collected children's data from targeted ads, expressing concerns about the requested relief and saying she's "flummoxed" by the consumers' belated liability theory against the channels' owners.
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February 22, 2024
R. Kelly Fights Chicago Child Porn Conviction At 7th Circ.
R. Kelly's bid to unwind his conviction and 20-year sentence on child pornography and inducement charges received skepticism Thursday from one Seventh Circuit judge, who at one point warned the artist could be "worse off" by winning his appeal.
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February 22, 2024
Instant Brands Ch. 11 Plan Gets OK After Win In Supplier Row
A Texas bankruptcy judge on Thursday gave tentative approval to home-appliance maker Instant Brands' reorganization plan after finding that recent briefings from the company and a supplier supported his preliminary decision last week to preserve the debtor's indemnification rights.
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February 22, 2024
Convicted Chicago Pol Seeks Acquittal Or New Trial
One of Chicago's longest serving and most powerful local politicians asked an Illinois federal judge Wednesday to set aside a jury's December verdict convicting him of using his official position to steer tax business to his personal law firm, saying no rational jury could have convicted him based on the evidence presented at trial.
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February 22, 2024
Locke Lord Settles Failed Health Plan Malpractice Suit
Locke Lord LLP has reached a settlement to resolve a health plan fiduciary's malpractice suit alleging the firm provided bad legal advice that doomed the plan, permanently ending an Illinois federal suit first filed in 2018.
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February 22, 2024
Taft Stettinius Adds 6 Dinsmore Attys In Detroit, Chicago
Taft Stettinius & Hollister LLP has hired six attorneys from Dinsmore & Shohl LLP who focus their practices on business law and litigation matters.
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February 22, 2024
GAO Backs VA's Need For Licensed Contractor
The U.S. Government Accountability Office backed the U.S. Department of Veterans Affairs' requirement for an Illinois company to be licensed in Oregon for a security guard service deal in the state, rejecting the company's contention that the requirement unduly restricted competition.
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February 21, 2024
Ill. Court Vacates R. Kelly Victim's $4M Default Judgment
An Illinois appellate court has thrown out a $4 million default judgment won by a woman who claimed jailed former R&B star R. Kelly physically and sexually abused her, saying certain procedural rules were not appropriately followed.
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February 21, 2024
Judge Won't Strike 'Excessive' $2.3M Tobacco TM Verdict
A federal judge in Atlanta has said he won't reduce a $2.3 million verdict against two Georgia wholesalers of cigarette rolling paper accused of selling knockoffs, saying the jury's determination on the amount of the damages is "something the court cannot second-guess."
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February 21, 2024
Justices Squabble Over Emergency Review Of EPA Smog Plan
The U.S. Supreme Court's liberal wing denounced during oral argument Wednesday their colleagues' decision to consider the merits of four related emergency requests to prevent the U.S. Environmental Protection Agency from implementing a plan to reduce cross-state pollution without first getting lower court input.
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February 21, 2024
7th Circ. Says Excavator's Kickback Appeal Doesn't Add Up
A Seventh Circuit panel seemed unconvinced Wednesday by a former excavation company employee seeking to overturn his kickback conviction, with one judge suggesting he had two unpersuasive arguments and was trying to make "0 + 0 = 1."
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February 21, 2024
Irish Pub Chain's Ex-CFO Gets 1.5 Years For $1M Tax Fraud
The former chief financial officer of a pub chain with more than a dozen Irish-themed restaurants was sentenced to one and a half years in prison Wednesday by an Ohio federal court for his role in a bookkeeping scheme that defrauded eight states of $1 million in sales taxes.
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February 21, 2024
CoStar, Hotel Giants Accused Of Data-Driven Price-Fixing
Hilton, Hyatt and other big name hotel operators are the target of a proposed class action alleging they colluded with hospitality industry analytics firm CoStar Group Inc. to fix prices in luxury hotel markets in Seattle and other major U.S. cities, according to a suit filed in Washington federal court.
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February 21, 2024
Appliance Parts Maker Can Mediate Creditor Suits In Ch. 11
A Texas bankruptcy judge on Wednesday granted an appliance components producer's request in its Chapter 11 case to engage in mediation with Invesco, a lender group and other parties to address "significant issues" tied to two lawsuits brought against the company last year.
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February 21, 2024
Collector Gets 'One Final Shot' To Pay Famed Artist's Estate
An Illinois federal judge on Wednesday reinstated a lawsuit claiming a collector infringed the copyright of the late Chicago photographer Vivian Maier, giving the collector until June to pay Maier's estate as agreed in a 2020 settlement of the case.
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February 21, 2024
Miner Barnhill Vet Among Biden's Latest Judicial Picks
President Joe Biden announced five judicial nominees on Wednesday to serve on the Seventh Circuit as well as on district courts in Illinois, Arizona and the District of Columbia.
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February 20, 2024
Ill. Public Defender Sues Over Display Of Israeli Army Photo
An Illinois public defender filed a First Amendment lawsuit against her county employer after she was reprimanded for a photograph of her holding a gun in front of an Israeli flag that she displayed in an office area in response to the Oct. 7 Hamas terrorist attack in Israel.
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February 20, 2024
Chicago Sues Oil Giants, Alleging Climate Change Deception
The city of Chicago hit BP, Chevron, ConocoPhillips, ExxonMobil, Shell and the oil and gas industry's largest trade association with a lawsuit Tuesday, alleging their involvement in a decadeslong "campaign of deception" to increase consumption of fossil fuels to boost profits, despite their knowledge that their products cause environmental harm.
Expert Analysis
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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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.