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Illinois
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March 05, 2024
Baker McKenzie Lands KPMG Tax Atty In Chicago
Baker McKenzie recently hired a new tax partner in Chicago who came from KPMG and has prior experience working at PwC.
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March 04, 2024
Justices Try To Shroud Differences With Trump DQ Ruling
The U.S. Supreme Court issued a purportedly unanimous decision Monday finding states cannot bar federal candidates from appearing on ballots, but a closer look at the justices' writings — and the opinion's metadata — reveals a sharp divide that court watchers say was papered over in an effort to preserve the court's institutional legitimacy.
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March 04, 2024
Don't Skip Mock Trials, Veteran Criminal Defense Atty Says
A mock trial is a must before the real thing, even when the defendant is on a budget and the jury is just friends of friends, a veteran trial lawyer told a New York City Bar audience Monday.
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March 04, 2024
Turkey Cos., Burford Unit Fight Over Refused Swap's Meaning
Turkey giants like Cargill, Perdue and Tyson trying to evade price-fixing allegations traded blows Friday in Illinois federal court with a Burford Capital affiliate over the meaning of a federal magistrate judge's ruling in separate litigation refusing to let a different Burford affiliate swap in as a plaintiff.
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March 04, 2024
Army Corps Says It Considered Dredged Waste Plan Correctly
The U.S. Army Corps of Engineers has urged an Illinois federal judge to reject environmental claims targeting dredged sediment it is storing on part of Lake Michigan's shoreline, arguing the Corps' "robust" public interest study proves its decision-making process followed all statutory and regulatory requirements.
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March 04, 2024
7th Circ. Keeps Bonefish Grill On Hook For Fall Suit
The Seventh Circuit on Monday revived a woman's claim that she dislocated her hip after falling at an Illinois Bonefish Grill LLC restaurant, saying her repeated, certain assertion that she slipped on water is enough to defeat summary judgment.
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March 04, 2024
Regal Cinemas Must Face Ex-Worker's BIPA Suit
Regal Cinemas can't ditch a lawsuit alleging the movie theater chain violated a worker's rights under Illinois' biometric privacy law by collecting fingerprint scans without informed consent, an Illinois federal judge ruled Friday, rejecting the company's argument the plaintiff needed to show it was negligent, recklessness or intentional in its data collection.
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March 04, 2024
Union Calls For Sanctions Against NLRB In 7th Circ. Dispute
The National Labor Relations Board should face sanctions for claiming an International Union of Operating Engineers affiliate hadn't challenged the lawfulness of a punch-in policy for strike replacements, the union contended to the Seventh Circuit, saying the local raised arguments on this point during the agency proceeding.
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March 04, 2024
Justices Won't Review Ex-Merrill Lynch Traders' Fraud Case
The U.S. Supreme Court said Monday it will not take up an appeal from two former Merrill Lynch traders who were convicted in Chicago federal court of spoofing the precious metals market.
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March 04, 2024
Justices Say States Can't Keep Trump Off Ballot
The U.S. Supreme Court found that states can't bar Donald Trump from running for reelection this year based on a 14th Amendment provision, with justices on Monday reversing a Colorado high court decision that barred Trump from the state's primary election ballot.
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March 01, 2024
Ill. Attys Sued For Defamation Can Still Assert Privilege
An Illinois appellate panel held Friday that an exception to attorney-client privilege for criminal or fraudulent conduct does not extend to alleged defamation by attorneys, reversing a trial court that applied it to a Chicago attorney and law firm facing a defamation suit from the former senior pastor of an Illinois megachurch.
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March 01, 2024
Tort Report: $42M Med Mal Award; Hot Coffee Suit In The Air
A suit over hot coffee spilled at 40,000 feet and the affirmation of a $42 million medical malpractice verdict in Illinois lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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March 01, 2024
Clyde & Co Adds Former Hinkhouse Atty To Chicago Office
Global law firm Clyde & Co added a former Hinkhouse Williams Walsh LLP attorney as a partner in its North American insurance practice in Chicago who said she is "thrilled" to continue building client relationships in her new role.
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March 01, 2024
CVS, Walgreens Receive FDA's OK To Dispense Abortion Drug
Pharmacy giants CVS and Walgreens announced Friday that they have received federal certification to dispense the abortion drug mifepristone and will begin doing so soon in certain states — a development that President Joe Biden hailed as historic and that comes amid a larger battle in the U.S. Supreme Court.
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March 01, 2024
Suave Deodorant Buyers Ink $2M Settlement With Unilever
A proposed class of antiperspirant buyers is asking an Illinois federal court to give the go-ahead to a $2 million settlement with Unilever United States Inc. over claims that it sold Suave products with dangerous amounts of benzene.
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March 01, 2024
Amazon Didn't Dupe Prime Buyer With TV Deal, Judge Rules
An Amazon Prime customer who says he was tricked into thinking he saved $700 on a TV can't pursue fraud and deceptive practice claims against Amazon, an Illinois federal judge has ruled, finding that even if he only saved $100 compared to recent pricing, he still got exactly what he paid for.
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March 01, 2024
Thoma Bravo Ups Everbridge Deal Size By $300M, To $1.8B
Cooley LLP-advised software company Everbridge said Friday that Kirkland & Ellis LLP-led Thoma Bravo has agreed to up its proposed acquisition of Everbridge to $35 per share from $28.60, boosting Everbridge's implied value on the transaction from $1.5 billion to $1.8 billion and sending its stock soaring an additional 25%.
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February 29, 2024
Ill. Court Unwinds $17.5M Forced Northstar Ownership Sale
A 50% shareholder of Illinois-based Northstar Foods should not have been ordered to sell his $17.5 million interest in the meat processing company amid his business dispute against the other shareholder, a state appeals court panel said Wednesday.
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February 29, 2024
'ComEd Four' Bribery Sentences Must Wait For Justices' Input
An Illinois federal judge on Thursday granted a request to stay sentencing hearings for a former Commonwealth Edison CEO and three lobbyists convicted of carrying out a legislative bribery scheme at Illinois' capitol until after the nation's top court decides a case reviewing federal bribery law later this year.
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February 29, 2024
Black Detective Costume Not Protected Speech, Kraft Says
A white manager who was fired by Kraft Heinz for wearing blackface as part of a Halloween costume in which he dressed as a character from the television show "Miami Vice" doesn't have a viable retaliation suit because his costume wasn't protected speech, the company told a Connecticut federal court.
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February 29, 2024
TransUnion Pegs Potential DOJ Data Unit Settlement At $37M
TransUnion has put a $37 million price tag on a possible settlement of a U.S. Department of Justice investigation into a data and analytics business the credit reporting giant purchased, according to a Thursday regulatory filing.
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February 29, 2024
Hiring Co. Can't Avoid BIPA Suit Over AI-Based Screening
An Illinois federal judge is allowing most claims to move forward in a putative class action alleging a hiring software provider that used artificial intelligence to assess job candidates violated Illinois' biometric privacy law, but trimmed a claim accusing the company of unlawfully profiting from customers' data.
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February 29, 2024
Judiciary Panel Sends 5 Red State Judges To Full Senate
The Senate Judiciary Committee voted to advance six district court judicial nominees on Thursday, including five from red states.
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February 28, 2024
7th Circ. Revives Health System Worker's FMLA Suit For Trial
A split Seventh Circuit panel on Wednesday revived a former OSF Healthcare System employee's suit accusing the company of wrongfully firing her after failing to adjust performance expectations while she worked reduced hours, ruling a factual dispute remains over how much leave she took, which could lead a jury to find in her favor.
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February 28, 2024
Millionaire Dating Site's Arb. Bid Goes Broke In BIPA Suit
A dating service for millionaires cannot force one of its users to arbitrate proposed class claims that the company unlawfully collects and stores biometric templates of users' faces, a California federal judge ruled, saying the company hasn't shown the user assented to its service agreement that included an arbitration provision.
Expert Analysis
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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ComEd Case Shows Wide Reach Of FCPA Accounting Clauses
The recent conviction of former Commonwealth Edison executives and associates, paired with broader civil enforcement actions, demonstrates the government’s willingness to enforce the Foreign Corrupt Practices Act’s accounting provisions, even in domestic cases without a predicate violation of the statute’s anti-bribery provisions, say James Koukios and Nathan Lowry at MoFo.
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Regulating AI: Litigation Questions And State Efforts To Watch
In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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And Now A Word From The Panel: 55 Years Of The JPML
As the Judicial Panel on Multidistrict Litigation marks its 55th birthday, Alan Rothman at Sidley looks back at its history and finds that, while some features of MDL jurisprudence have changed over the decades, the most remarkable aspect of the panel's practice has been its consistency.
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9th Circ. Gap Ruling Creates Split On Forum Selection Clause
The Ninth Circuit recently held in Lee v. Fisher that a forum selection clause in Gap's bylaws requiring all derivative claims to be brought in Delaware state court is enforceable, but since the Seventh Circuit struck down a similar clause in Boeing's bylaws last year, Supreme Court review may be on the horizon, say attorneys at Davis Polk.
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Why Justices' SuperValu Ruling Wasn't Quite A 'Seismic Shift'
Notwithstanding an early victory lap by the relators' bar, the U.S. Supreme Court’s decision in U.S. v. SuperValu Inc. was a win for both whistleblowers and sophisticated companies, but unfortunately left “subjective belief” to be interpreted by lower courts and future litigants, say attorneys at Baker Donelson.
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Effectual Relief Questions Linger After Section 363 Ruling
In the months since the U.S. Supreme Court's ruling in MOAC Mall Holdings, courts and practitioners must grapple with the issue of what effectual relief courts may grant upon an appeal of an unstayed sale order, says Monique Jewett-Brewster at Hopkins Carley.
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What's Next For Enviro Justice After Affirmative Action Ban?
The U.S. Supreme Court's recent decision striking down affirmative action measures in university admissions raises questions about the future of the Biden administration's environmental justice initiatives — but EJ advocates may still have reasons for cautious optimism, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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BIPA, Meta Pixel Suits Could Reshape Cybersecurity Litigation
Businesses and attorneys should watch several pending electronic privacy cases that revolve around disclosure of protected personal information and health data, which may shape how courts handle damages and class actions in the future of cybersecurity litigation, say Kelly Johnson and Melanie Condon at Goldberg Segalla.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.