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Illinois
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February 14, 2024
Investors Urge Prison As Developers Seek More Briefing Time
Two real estate developers on Wednesday asked for more time to respond to EB-5 investors' request that they be imprisoned for hiding their money instead of paying overdue settlements and sanctions judgments, telling an Illinois federal judge their attorney wrote down the court's deadline incorrectly.
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February 14, 2024
Ill. Judge Says Rezoning Of Historic Hotel Damaged Developer
An Illinois federal judge found that the city of Chicago improperly zoned the historic Pittsfield Building for strictly residential use not long after agreeing with the former owner and developer to zone the property for a new hotel.
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February 14, 2024
Chicago Eatery Biz Exec's Bid For Atty Privilege Challenged
Investors in Chicago restaurant Maple & Ash told an Illinois court that a principal at the eatery's management firm wrongly acted as a lawyer in their corporate theft lawsuit against the firm, saying he inappropriately seeks to assert attorney-client privilege over 6,000 documents in the suit.
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February 14, 2024
McDonald's In US Lack Adequate Lactation Spaces, Suit Says
McDonald's employees from Kansas and New York filed a collective action in Illinois federal court Wednesday alleging the fast-food giant, which has more than 13,000 U.S. locations, and its franchisees failed to provide reasonable lactation accommodations to nursing mothers in restaurants nationwide, forcing them to pump in unsanitary spaces.
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February 14, 2024
Split Fed. Circ. Won't Revive Patent Case Against Bank
Judges on the Federal Circuit split in a Wednesday finding on how exactly the courts should read the phrase "transaction partner" in a patent lawsuit against a regional bank in Indiana, with the majority opting to agree with a federal judge in Illinois that the words could only be construed in such a way that meant the patent case couldn't hold up in court.
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February 14, 2024
Dad Sues Hacked Chicago Children's Hospital Again
A plaintiff already suing Ann Lurie Children's Hospital over alleged negligence in managing its medical records has again targeted the Chicago hospital, claiming it didn't do enough to protect patient data from hackers who have stymied hospital operations for weeks.
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February 14, 2024
Kirkland-Led PE Shop Raises $887M Across 2 Industrial Funds
Kirkland & Ellis LLP-advised Core Industrial Partners, a private equity shop focused on industrial technology and industrial services, said Wednesday that it closed two separate funds above target, amassing a total of $887 million in capital commitments.
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February 13, 2024
BofA Unit Hit With Trader's Suit Over Alleged Spoofing
A Bank of America unit faces a trader's proposed class action seeking to hold it liable for allegedly manipulating markets for U.S. Treasury futures and options after the firm paid a $24 million fine to the U.S. Financial Industry Regulatory Authority over the same alleged misconduct.
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February 13, 2024
Judge Says Suit Over Dyson Warranties Relies On 'Conjecture'
An Illinois federal judge on Tuesday tossed a putative class action accusing Dyson of withholding warranty coverage if consumers don't use specific repair services or try to make repairs themselves, ruling there was a "striking mismatch" between the lead plaintiff's theories of liability and her purported injury.
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February 13, 2024
Food Co. Whole Earth Brands Taken Private In $209M Deal
Food company Whole Earth Brands said Tuesday it will be acquired by private equity-backed Sweet Oak Holdings, which will take the company private in a deal worth about $209 million that was crafted by DLA Piper and Greenberg Traurig LLP.
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February 13, 2024
Restaurants Trying To Derail Chicken Deals, 7th Circ. Told
Direct broiler chicken purchasers who've inked nearly $285 million in price-fixing settlements blasted Boston Market and other restaurants' attempts to stop an $8 million deal from Simmons Foods, telling the Seventh Circuit the companies are trying to illegally unwind a strategic mistake.
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February 13, 2024
Immigrants Seek To Certify Class Of 170,000 With Visa Delays
A group of immigrants asked a Michigan federal judge Monday to certify a class of more than 170,000 immigrants accusing the government of mishandling its program of distributing so-called U-visas to immigrant victims of crime, arguing that the court can resolve their allegations of unreasonable delays on a classwide basis.
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February 13, 2024
Enbridge, ExxonMobil Accused Of Monopolizing Oil Transport
Enbridge and ExxonMobil were hit with an antitrust suit in Illinois federal court Tuesday accusing them of working together to deny others access to crude oil pipelines, pulling the plug on a new way to transport oil from the Chicago area after a company invested $11 million.
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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.
Expert Analysis
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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.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Bankruptcy Sales Uncertain After Justices' Section 363 Ruling
The U.S. Supreme Court's holding in MOAC v. Transform that Section 363(m) of the Bankruptcy Code is not a jurisdictional provision means parties to 363 sales are now at the mercy of courts that may have differing perspectives on the issue, creating uncertainty for trustees, third parties and purchasers, say Thomas Loeb and Carrie Brosius at Vorys.
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The Role Record-Keeping May Play In TCPA Class Cert.
Two recent federal court decisions highlight that the viability of the established business relationship exemption for defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company's record-keeping and policies, says Samantha Duke at Rumberger Kirk.
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Expect The Patchwork Of AI Regulation To Grow
Given the unlikelihood of meaningful federal artificial intelligence legislation in the immediate future, the patchwork of state AI regulation will likely continue to grow, bringing at least two main risks for companies in the AI space, say attorneys at Jenner & Block.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.