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Illinois

  • September 14, 2018

    Labor Law Preempts Wis. Union Dues Provision, 7th Circ. Says

    A split Seventh Circuit ruled Thursday that a provision in Wisconsin's right-to-work law that allows employees to revoke with just 30 days notice their authorization to automatically deduct union dues from their paychecks is preempted by federal labor law, citing U.S. Supreme Court precedent and preemption principles.

  • September 14, 2018

    'Ugg' Is Not Generic Trademark For Boots, Judge Says

    An Illinois federal judge ruled Thursday that “ugg” is not a generic word for a kind of sheepskin boot, meaning the U.S. owner of the popular Uggs brand can sue a rival for using the name.

  • September 14, 2018

    Real Estate Rumors: Baum, Lutheran Social Services, Related

    Baum Development is reportedly seeking $75 million for a Chicago office property, Lutheran Social Services of New York is said to have leased 11,366 square feet in New York, and a Related Group venture has reportedly sold 11,000 square feet of retail space in Miami for $13.8 million.

  • September 13, 2018

    7th Circ. OKs Toss Of Broker-Dealer's Legal Malpractice Suit

    The Seventh Circuit has upheld a lower court's tossing of a malpractice suit filed by the owner of commodity pool operator Chicago Trading Managers LLC against the now-defunct Henderson & Lyman law firm of Chicago, finding he did not have an attorney-client relationship with the firm as the law requires for such a claim.

  • September 13, 2018

    Riddell Loses Bid To Invalidate Rival's Football Helmet IP

    An Illinois federal judge Wednesday shot down an attempt by Riddell Inc. to have a design patent held by the maker of Schutt Sports football helmets declared invalid, saying Riddell had not backed its claim Schutt got the patent by deliberately withholding information.

  • September 13, 2018

    Ill. Campaign Finance Law Within 1st Amendment: 7th Circ.

    The Seventh Circuit declined to revive a lawsuit challenging Illinois’ campaign finance law filed by a conservative political action committee, saying Thursday the U.S. Supreme Court has repeatedly allowed differences in donation limits between groups and individuals under the First Amendment.

  • September 13, 2018

    Illinois Court Won't Order New Trial Over Botched Diagnosis

    An Illinois state appeals court won't order a new trial against medical practitioners who allegedly failed to diagnose a man's heart disease, saying that although surviving family members sought millions for grief and sorrow, their jury tactics let a hospital group sow doubt by suggesting the man was nonetheless likely to die before his wife and children did.

  • September 13, 2018

    7th Circ. Urged To Toss Sour Wis. Butter Grading Law

    An artisanal butter maker asked the Seventh Circuit on Thursday to reverse Wisconsin's quick win in the creamery's challenge to the state's butter grading law, saying the lower court incorrectly tossed its argument that the grading is unconstitutionally based on arbitrary government preferences like taste and serves no informational purpose to consumers.

  • September 13, 2018

    Wendy's, Plastics Maker Sued Over Fingerprint Timekeeping

    Two new proposed class actions accuse fast-food chain Wendy’s International LLC and plastics giant Amcor Ltd. of illegally making employees clock in and out of work with their fingerprints, marking the latest in a wave of suits under Illinois’ biometric privacy law.

  • September 13, 2018

    7th Circ. Upholds Ill. Nuke Subsidy Program

    The Seventh Circuit on Thursday upheld subsidies offered by Illinois to prop up struggling nuclear power plants, rejecting arguments that the so-called zero-emission credits are preempted by the Federal Power Act and usurp the Federal Energy Regulatory Commission’s exclusive jurisdiction over wholesale electricity markets.

  • September 13, 2018

    Attys May Face Sanctions After 'Egregious' Omission

    An Illinois federal judge threw out a Fair Debt Collection Practices Act suit and ordered the attorneys who filed it to explain why they should not be sanctioned for failing to mention a Seventh Circuit ruling that directly contravened the claims, calling the omission “egregious.”

  • September 12, 2018

    Medline's Docs Not False, Judge Says In Catheter Design Row

    Medline Industries Inc. in its patent infringement suit against C.R. Bard Inc. dodged counterclaims that its attorneys acted inequitably during prosecution of the patents at issue after an Illinois federal judge ruled Tuesday that documents Bard called false were not, and the company didn’t prove Medline’s attorneys intended to defraud the U.S. Patent and Trademark Office.

  • September 12, 2018

    Online Shoppers Seek Final OK On $3.3M TCPA Settlement

    A class of people who say they received unwanted telemarketing calls after they purchased children’s slippers online asked an Illinois federal judge to sign off on a $3.3 million settlement Tuesday, saying the hard-fought case has reached its conclusion.

  • September 12, 2018

    NCAA Concussion MDL Nears End Of Direct Notice Phase

    More than 6,500 previously hard-to-reach class members in multidistrict litigation over concussions in student-athletes will soon learn about a $75 million deal with the NCAA, finally bringing to an end the direct notice portion of the case, an attorney for the college sports governing body told an Illinois federal judge Wednesday.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    Schiff Hardin Adds Winston & Strawn Employment Litigator

    Schiff Hardin LLP on Monday announced the pickup of an experienced labor, employment and benefits litigator from Winston & Strawn LLP, who will be a new partner for its Chicago office and will deepen the bench of attorneys in the firm’s workplace investigations practice.

  • September 12, 2018

    Ill. Atty Gets Misconduct Complaint For Coal Client Deal

    An Illinois lawyer has been hit with a disciplinary complaint accusing him of creating a conflict of interest in a deal with a client in which he got partial ownership of carbon deposits on the client's property.

  • September 12, 2018

    Wells Fargo Dodges Counterclaims In $16M Margin Call Row

    A New York federal judge ruled Tuesday that a Chicago investment fund and its affiliates can’t go after Wells Fargo for more than $100 million in losses they said the bank caused by forcing them to dump their portfolios in the wake of a February financial market flare-up that’s been nicknamed “Vol-mageddon.”

  • September 12, 2018

    Insurer Hits Boeing With Trade Secrets Suit Over Guarantees

    Xavian Insurance Company hit Boeing and its subsidiary Boeing Capital Corp. with a trade secrets lawsuit in Illinois federal court on Tuesday, accusing them of copying plans for an insurance-backed guarantee on financing for the purchase of commercial aircraft and launching their own.

  • September 12, 2018

    Workers Say Mo. Ruling Can't Aid Pensions In Exemption Row

    A proposed class of participants in defined benefit pension plans sponsored by OSF HealthCare System is fighting the corporation’s contention that its quick win bid in an Illinois federal court suit is bolstered by a Missouri federal court decision that tossed a related case regarding so-called church plans.

Expert Analysis

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Illinois Tax Talk: Penalty Application And Abatement

    Samantha Breslow

    When faced with an audit, taxpayers should become familiar with the potential penalties that may result from underpayment or missed filing deadlines, the legal basis for relief and the process and requirements for seeking penalty abatement, says Samantha Breslow of Horwood Marcus & Berk Chtd.

  • Rebuttal

    Judges Can Demand Diversity In Rule 23(g) Applications

    Kellie Lerner

    A recent Law360 guest op-ed criticized the judge in the Chicago Board Options Exchange antitrust litigation for requesting more diversity in plaintiffs’ lead counsel applications. The author’s argument misinterprets the Federal Rules of Civil Procedure and reinforces archaic misconceptions about women and minorities in the courtroom, say Kellie Lerner and Chelsea Walcker of Robins Kaplan LLP.

  • San Francisco Follows Chicago With Privacy Plan

    Xiaoyan Zhang

    San Francisco is the second major city to take expansive action to protect residents from the misuse and misappropriation of their personal data by corporations for profit. However, this proposed policy initiative differs from Chicago's proposed ordinance in at least three major ways, say Xiaoyan Zhang and Ariana Goodell of Reed Smith LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • 2nd Circ. Adds To Authority On Securities Law Preclusion

    Anthony Antonelli

    With its recent decision in Rayner v. E-Trade Financial — which unanimously affirmed the dismissal of a putative class action asserting state law best execution violations — the Second Circuit made a significant contribution to a collection of circuit court opinions on the Securities Litigation Uniform Standards Act, say attorneys with Paul Hastings LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.