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Illinois
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March 20, 2024
Republican Bill Targets Colleges Hiring Unauthorized Workers
Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
Re/Max GC Sees Light At The End Of Antitrust Tunnel
Re/Max general counsel Susie Winders has spent several years in a joint defense group fighting antitrust cases brought by sellers over real estate commissions, and she says she is now "very pleased" over recent settlements despite their costs.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
How BigLaw Vets Are Expanding Trial Boutique Dowd Bennett
Law360 Pulse recently caught up with James Bennett, co-founder of boutique litigation firm Dowd Bennett LLP, to discuss the firm's expansion this year in Chicago and Dallas.
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March 19, 2024
Appointed Illinois High Court Justice Wins Full Term
Illinois Supreme Court Justice Joy Cunningham has won her first 10-year term on the state's top court following her 2022 appointment, defeating intermediate appellate Justice Jesse Reyes, who challenged her for the Democratic nomination.
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March 19, 2024
Chicago Voters Nix Tiered Rates On Real Estate Transfer Tax
Chicago voters rejected a contentious referendum Tuesday night that would have authorized the city to impose tiered real estate transfer tax rates including an increase for properties sold at $1 million and higher.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
Chicago Club Files Defamation Suit Over Viral TikTok Video
A Chicago nightclub and restaurant has filed a defamation lawsuit in Illinois against a woman who posted a viral video on TikTok claiming its staff physically assaulted her, alleging her false accusation has cost it business and harmed its reputation.
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March 19, 2024
States Converge On Texas' Challenge To EPA Methane Rule
A California-led coalition of Democratic attorneys general wants to defend new federal limits on oil and gas industry methane emissions challenged by Texas, Oklahoma and other conservative states, with supporters of the new rules claiming a sovereign interest in protecting their citizens from harmful greenhouse gas pollution.
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March 19, 2024
Move Puerto Rico Defamation Suit To Illinois, Judge Advises
A $3 million defamation suit brought by a Chicago-based lobbyist against two Illinois attorneys belongs in the Land of Lincoln, a Puerto Rico magistrate judge determined in a report and recommendation.
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March 19, 2024
Brokerage Owner Hid Compliance Woes Before Sale, Suit Says
Financial services company Arete Wealth Inc. has sued the previous owner of a brokerage firm it acquired, claiming the former owner papered over widespread compliance issues at his firm that ultimately led to an "onslaught of costly arbitrations" after the sale closed.
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March 18, 2024
7th Circ. Wants Del. High Court's Input On Stock Shares Row
The Seventh Circuit on Friday asked Delaware's top court to clarify a ruling it made earlier this year upholding the enforceability of forfeiture-for-competition provisions in limited partnership agreements, saying it found "meaningful differences" between that case and an ex-manager's bid before it to keep the stock sale proceeds he earned before working for a competitor.
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March 18, 2024
The Biggest Trade Secrets Awards In The Last 5 Years
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
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March 18, 2024
Amazon Again Tries To Sink NBA 2K Facial Scan Claims
Amazon is insisting it did not run afoul of Illinois' biometric privacy law, saying an amended complaint in a proposed class action in Washington federal court has failed to show the e-commerce company's cloud service collected or disclosed facial scans of teens playing the hit game NBA 2K.
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March 18, 2024
Google Defeats BIPA Suit Over IBM Face Dataset, For Now
Google has defeated a proposed class action by Illinois residents who accused the company of violating the state's biometric privacy laws with facial data collected by IBM, after a California federal judge said their claims don't establish that Google's alleged violations took place in the Prairie State.
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March 18, 2024
Major Lindsey Followed Rules In Sex Assault Suit, Judge Says
A Chicago-based attorney who represents Major Lindsey & Africa LLC in an ex-employee's New York sexual assault suit did not run afoul of court requirements by sending a letter demanding that she drop the claims, a judge held Monday.
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March 18, 2024
Chicago Can Keep $26M Willis Tower Suit In Federal Court
A federal judge in Illinois has declined to send a $26 million lawsuit against the City of Chicago over rain damage at Willis Tower back to state court, finding the Metropolitan Water Reclamation District of Greater Chicago acts under federal authority in maintaining the minimum water levels dictated by the U.S. Army Corps of Engineers.
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March 18, 2024
Justices Won't Review McDonald's No-Poach Case
A proposed class action targeting McDonald's past use of no-poach provisions in its franchise agreements will move ahead after the Supreme Court on Monday turned down McDonald's petition to review a Seventh Circuit ruling reviving the case.
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March 16, 2024
Up Next At High Court: Gov't Jawboning & Retaliatory Arrests
The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.
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March 15, 2024
Real Estate Authority: Realtor Settlement, Women's Soccer
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the $418 million settlement by the National Association of Realtors to end broker-fee claims and the first stadium built in the United States for a women's professional sports team.
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March 15, 2024
Sanderson Beats Chicken Buyers' Antitrust Retrial Attempt
Direct chicken purchasers who lost a price-fixing trial against Sanderson Farms cannot have another shot at bringing their case to a jury because their first trial was fair, and their circumstantial evidence couldn't defeat the company's competing proof, an Illinois federal judge has ruled.
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March 15, 2024
Enfamil Maker Hit With $60M Jury Verdict In Infant Death Suit
An Illinois jury has awarded $60 million to the mother of an infant who died after using Mead Johnson's Enfamil formula, a loss for the company in the first of hundreds of suits to go to trial alleging certain cow's milk-based formulas cause a fatal illness in premature infants.
Expert Analysis
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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Case Law Is Mixed On D&O Coverage For Gov't Investigations
As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.
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SuperValu's Lesson: Always Be Building An FCA Defense
The recent U.S. v. SuperValu decision confirming that scienter is an essential element of False Claims Act liability should motivate government contractors to prepare for allegations of material misrepresentation by building a record of their honorable efforts toward regulatory compliance, say David Resnicoff and Andrew Patton at Riley Safer.
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Next Steps For Ill. Tort Defendants After Cotton V. Coccaro
While an Illinois appeals court's ruling in Cotton v. Coccaro recently upheld the constitutionality of the state's law imposing prejudgment interest in personal injury and wrongful death actions, defendants can still raise constitutional challenges to the law pending Illinois Supreme Court review, says Melissa Murphy-Petros at Wilson Elser.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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Concerns Emerging On TM Cases Against Undisclosed Parties
There has been a dramatic increase in the number of cases filed by brands against hundreds of counterfeiters as undisclosed defendants, and given these suits' debatable success in curbing counterfeiting, courts and Congress could view them as a drain on judicial resources, say Bea Swedlow and David Roulo at Honigman.
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Now Is The Time For State And Local Sales Tax Simplification
In the five years since the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, state and local governments increasingly rely on sales tax, but simple changes are needed to make compliance more manageable for taxpayers, wherever located, without unduly burdening interstate commerce, says Charles Maniace at Sovos.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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3 Abortion Enforcement Takeaways 1 Year After Dobbs
A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.
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Pay Transparency Laws Complicate Foreign Labor Cert.
State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.
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How States And Cities Are Responding To Biden EJ Efforts
Recent developments in Chicago and Louisiana show different ways local and state regulators have reacted to the Biden administration's "whole-of-government" environmental justice efforts, and may test whether the administration's approach comports with legal precedents, says J. Michael Showalter at ArentFox Schiff.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Opinion
ALI, Bar Groups Need More Defense Engagement For Balance
The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.