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Illinois
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February 20, 2024
Fiji Water Microplastics Suit Heads To Illinois Federal Court
The Wonderful Company LLC has removed to Illinois federal court a proposed false advertising class action accusing it of misleading consumers by labeling its Fiji Water as "natural artisan water" while knowing it contained microplastics.
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February 16, 2024
Feds Charge Ex-Commodities Trader With $3.7M Scheme
A former commodities trader has been charged with misappropriating $3.7 million from would-be investors using misrepresentations that he later repeated to undercover agents, New Jersey federal prosecutors said Friday.
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February 16, 2024
Samsung Ordered To Arbitrate Hundreds Of BIPA Claims
An Illinois federal judge has ordered Samsung Electronics to arbitrate 806 customers' biometric-privacy claims and to pay the American Arbitration Association for fees it owes in the slew of disputes, ruling that the company can't refuse to arbitrate under its own binding agreements.
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February 16, 2024
PTAB To Review Engine Patent After Court Axed It
The BMW brand has won a decision from the patent board to review the validity of a patented method for calculating the valve timing in a car engine, over half a year after a federal judge in Illinois ruled that the patent failed the U.S. Supreme Court's Alice standard for patent eligibility.
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February 16, 2024
Boeing And Lion Air Families Spar In 7th Circ. Jury Trial Bid
The Seventh Circuit on Friday considered whether a more than century-old law governing fatal accidents occurring over the high seas allows the two remaining victims' estates suing Boeing over the Lion Air 737 Max crash to demand a jury trial.
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February 16, 2024
The Congressman Who Reps Cannabis Reform On Capitol Hill
Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.
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February 16, 2024
Up Next At High Court: Deadlines, Delivery Drivers & Smog
The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.
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February 16, 2024
Voters Urge Keeping Trump Off Ill. Ballot As Primary Looms
Illinois voters told a Cook County judge Friday she should issue an order that Donald Trump can't appear on the state's March primary and subsequent general election ballots, arguing an elections board should have been empowered to remove Trump even if he didn't "knowingly" lie about his eligibility.
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February 16, 2024
NCAA, Hoopster Settle Dispute Over Betting Suspension
The NCAA has settled a lawsuit brought by a Rutgers University basketball player who sued the organization earlier this month over claims it was trying to make him live out a punishment for sports betting violations that he had already served while a student-athlete at Iowa State University.
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February 16, 2024
Ex-Ill. Senator Admits Campaign Fund Misuse After Trial
A former Illinois state senator has admitted using campaign funds to buy trucks and recreational vehicles, pleading guilty to all counts after a three-day bench trial.
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February 16, 2024
Ex-Jenner & Block Litigator Joins Holland & Knight In Chicago
Holland & Knight LLP has brought on a longtime Jenner & Block LLP partner to bolster its litigation practice as a partner based in its Chicago office.
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February 15, 2024
7th Circ. Rejects Ancestry.com's Arbitration Bid In Privacy Suit
The Seventh Circuit on Thursday upheld a lower court's decision that minors suing Ancestry.com for sharing their genetic testing information can avoid arbitration, saying there was no language in the terms their parents signed designating the children as parties to the agreement.
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February 15, 2024
7th Circ. Questions $4M Samsung Arbitration Fee Order
The Seventh Circuit seemed skeptical Thursday that more than 35,000 Samsung consumers had enough evidence to prove the telecommunications giant should pay $4 million in individual biometric privacy arbitration fees, as one judge also questioned whether the appeal is properly before the court.
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February 15, 2024
Instant Brands May Have Rights Against Supplier, Judge Says
A Texas bankruptcy judge issued a tentative ruling that could favor appliance and housewares maker Instant Brands in its dispute with a supplier objecting to the Chapter 11 plan's treatment of indemnification claims.
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February 15, 2024
Marketing Co. Asks Justices To Hear 'Impossible' TM Row
Illinois-based marketing consulting firm Impossible X LLC has asked the U.S. Supreme Court to review a decision from a divided Ninth Circuit that revived plant-based burger maker Impossible Foods Inc.'s trademark lawsuit against it.
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February 15, 2024
AGs Press FDA On Safeguards Against Metal In Baby Food
Attorneys general from states across the country urged the U.S. Food and Drug Administration once again on Thursday to establish requirements that baby food producers test for lead and other metals in products headed for store shelves, citing a recent wave of childhood lead poisoning connected to recalled applesauce pouches.
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February 15, 2024
Pilots Union Requests Dismissal Of Retirement Age Row
An Illinois federal judge should toss a senior pilots group's duty of fair representation claim over the Air Line Pilots Association's opposition to a congressional proposal to raise the profession's mandatory retirement age, the union argued Thursday, saying its political stance isn't linked to a collective bargaining role.
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February 15, 2024
Baker McKenzie Can't Send Malpractice Suit To London
An Illinois state appeals court has rejected a push by Chicago-based Baker McKenzie to transfer to London a legal malpractice suit accusing the international law firm of botching a client's bid to reacquire a coal mine in Russia, saying in a 2-1 decision that Cook County has an interest in deciding the case even if the alleged misconduct stems from attorneys in a Russian member firm.
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February 15, 2024
Trian Decries Disney's 'Spaghetti-Against-The-Wall' Strategy
Walt Disney Co. shareholder and activist investor The Trian Group is taking a public swipe at the company's performance, criticizing its "fairy tale" and "spaghetti-against-the-wall" strategy to improve profits.
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February 15, 2024
What Rescheduling Pot Would Mean For Criminal Justice Reform
While federal drug enforcers mull a recommendation from health regulators to loosen restrictions on marijuana, criminal justice reformers are warning that rescheduling the drug would not realize President Joe Biden's campaign promise to decriminalize marijuana.
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February 15, 2024
Biggest Tiremakers Sued Over Alleged Price-Fixing
An Illinois tire buyer is piggy-backing off last month's European Commission raids of tire manufacturers in a new class action, alleging that the biggest players in the industry have been colluding to artificially inflate new replacement tire prices in the wake of the COVID-19 pandemic.
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February 15, 2024
Tax On Tribune's Cubs Sale Troubling, 7th Circ. Judge Says
A Seventh Circuit judge said Thursday he was troubled by an IRS push to tax Tribune Media Co. on some gains from its sale of the Chicago Cubs that stemmed from a $425 million debt transaction, saying the agency seemed to ignore the relevant legal test.
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February 15, 2024
Petition Watch: Classes, Litigation Changes & Fraud Theories
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.
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February 15, 2024
Appliance Parts Co. Robertshaw Hits Ch. 11 With $833M Debt
Illinois-based appliance part maker Robertshaw filed for Chapter 11 protection in a Texas bankruptcy court Thursday with nearly $833 million in debt and a purchase offer from a lender group.
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February 14, 2024
Trucking Groups Score Win In Ocean Carriers FMC Dispute
The Federal Maritime Commission has said that ocean carriers flouted U.S. law by requiring trucking companies to only use specific chassis providers to haul container cargo from certain ports in California, Illinois, Georgia and Tennessee, in a dispute related to pandemic-era supply chain logjams.
Expert Analysis
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Financial Industry Must Beware Rising BIPA Litigation Tide
As Biometric Information Privacy Act litigation engulfs more financial institutions, it’s important that they evaluate their practices for collecting biometric data, and to consider whether their vendors should comply with BIPA’s requirements, and even some related California laws, say attorneys at Katten.
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New FTC Policy On Biometric Information Creates New Risks
In the absence of a comprehensive national data privacy regime, a new Federal Trade Commission policy shows the agency’s willingness to take action against companies using biometrics in ways the FTC deems unfair, but the guidance creates more questions than answers, and some of it appears unrealistic, say attorneys at Faegre Drinker.
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Looking For Plausibility In FTC's Amgen Merger Challenge
The Federal Trade Commission is seeking to block Amgen's acquisition of Horizon, alleging that, if consummated, the deal would violate Section 7 of the Clayton Act — but this may be the first merger complaint in a generation that could be dismissed for failing to state a claim, say William MacLeod and David Evans at Kelley Drye.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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BIPA Ruling Furthers Mixed Signals On Insurance Coverage
A recent Illinois appellate ruling in Remprex provides another perspective on the issue of insurance coverage for Biometric Information Privacy Act lawsuits, but its reach will be limited, as it did not cover the three exceptions that have been the focus of related federal court decisions, says Charles Insler at HeplerBroom.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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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.