Illinois

  • May 26, 2017

    Ill. Senate Passes Workers’ Comp Changes Without Repubs

    Democrats in the Illinois Senate on Friday passed legislation to tweak workers’ compensation laws in Illinois, continuing on their mission to pass separate parts of a bipartisan negotiated package without Republican votes.

  • May 26, 2017

    Ill. Bill Would Prohibit Attys From Profiting On Own Patents

    An Illinois state lawmaker has introduced a bill aiming to bar attorneys from receiving legal fees in association with litigation of patents that they themselves own in response to internet security company Cloudflare's recent allegations that the patent-holding company Blackbird Technologies engages in such practices.

  • May 26, 2017

    Union Treasurer Charged For Putting Wife On Payroll

    Federal prosecutors in Illinois on Friday announced that a grand jury has indicted a union leader who hired his wife as part of an alleged scheme to illegally collect Social Security benefits.

  • May 26, 2017

    Objector Must Pay Bond For $15M Fee Appeal In TCPA Action

    An Illinois federal judge will require well-known objector counsel Christopher Bandas to post a bond to appeal the award of nearly $15 million in attorneys' fees for plaintiffs firms in a class action accusing cruise marketing companies of robocalling more than a million people.

  • May 26, 2017

    Illinois Taxi Driver Told To Refile FLSA, State Wage Claims

    An Illinois federal judge Friday told a taxi driver he will need redo his Fair Labor Standards Act and state wage claims in a putative class action alleging his former employer misclassified its drivers as independent contractors.

  • May 26, 2017

    ComEd Refuses To Hire People With Bad Credit, Suit Says

    Commonwealth Edison Co. was hit in Illinois court Thursday with class allegations that the electricity utility denies jobs to applicants who have poor credit histories even though a state privacy law prohibits employers from inquiring about credit reports.

  • May 26, 2017

    Illinois Atty Shakes Suspension Over Payroll Taxes

    In a rare ruling Thursday, the review board for the Illinois attorney disciplinary body reversed the recommended punishment for a lawyer who was accused of hiding a portion of his firm’s payroll from tax collectors.

  • May 25, 2017

    O'Hare Janitors Lose Class Cert. In FLSA Suit

    After two years of enjoying conditional class certification in their Fair Labor Standards Act case, a group of custodians at Chicago's O'Hare Airport have had their class decertified by an Illinois federal judge, as the court found the group to be too disparate to be considered a class.

  • May 25, 2017

    Pharma Cos. Say No Fraud Claimed In Cancer Drug Size Suit

    Three companies involved in the manufacture and distribution of the cancer drug Velcade told an Illinois federal judge on Thursday to dismiss claims they conspired to inflate sales by selling oversized vials, saying the union health plans that filed the suit failed to state any real claims.

  • May 25, 2017

    Zimmer Knee Implant Cases Will Move Forward As MDL

    An Illinois federal judge has said she will not disband multidistrict litigation accusing Zimmer Inc. of manufacturing shoddy knee implants before she can try another pair of bellwethers in her court.

  • May 25, 2017

    GSK Seeks New Trial In Reed Smith Atty Suicide Case

    GlaxoSmithKline asked an Illinois federal judge Thursday to grant it a new trial over a suit filed by the widow of a Reed Smith LLP attorney who died after taking a generic form of one of its antidepressants, arguing the jury’s finding that the company was liable for his suicide wasn’t supported by the evidence.

  • May 25, 2017

    7th Circ. Backs CFTC Dismissal Of $3.6M Trading Loss Suit

    The Seventh Circuit said Thursday that a family trust waited too long to bring claims over its $3.6 million loss in futures contracts trading, upholding a U.S. Commodity Futures Trading Commission ruling that the trust's arbitration of the claims did not pause their time limits.

  • May 25, 2017

    Baker McKenzie Snags Ex-Seyfarth Employment Litigator

    Baker McKenzie has picked up an experienced employment lawyer from Seyfarth Shaw LLP who specializes in class action defense, to help grow Baker McKenzie’s footprint in North America.

  • May 25, 2017

    Hastert Open To Settling Hush Money Case

    Former House Speaker Dennis Hastert indicated Wednesday he might be open to settling a suit brought by an anonymous man who says the jailed politician owes him nearly $2 million under a deal that kept the man from going public with allegations of sexual abuse.

  • May 24, 2017

    Illinois 'Sanctuary State' Law Inches Closer To Gov.

    A bill that would prevent state and local law enforcement in Illinois from cooperating with federal immigration authorities cleared a state House committee Wednesday, bringing it a step closer to Gov. Bruce Rauner's desk at a time when the Trump administration has vowed to crack down on so-called sanctuary cities.

  • May 24, 2017

    State AGs Set Data Security Bar With Record $18.5M Pact

    State attorneys general flexed their privacy muscles Tuesday with a record $18.5 million settlement with Target over the retailer's 2013 data breach, highlighting not only a growing willingness to band together to tackle such issues, but also a desire to lay out specific standards that other businesses would be wise to follow.

  • May 24, 2017

    Mistrust Reigns In Fight Over Paying Off $14B In Ill. Debt

    As Illinois' backlog of unpaid bills has ballooned to $14.3 billion in the nearly two years without a formal budget, the debate over how to pay down some of the massive figure has taken on a typically partisan hue in the wake of failed negotiations over tax hikes and budget cuts.

  • May 24, 2017

    Too-Old Sidley Austin Malpractice Suit Tossed By Ill. Panel

    The son of a deceased Sidley Austin LLP client waited too long to sue the firm and one of its partners for allegedly cheating him out of a portion of his father’s estate, an Illinois appellate court ruled Tuesday.

  • May 24, 2017

    Ill. Appeals Court Backs Bar Of Testimony In Negligence Suit

    An Illinois appellate court has upheld a trial court’s decision to block testimony about an alleged missing page in a patient’s chart in a lawsuit accusing a Chicago doctor of substandard care, ruling that the trial court was right to conclude the testimony would only have been speculation.

  • May 24, 2017

    Class Cert. Granted To AT&T Call Center Reps In OT Suit

    A group of call center employees suing various Midwestern AT&T units for unpaid overtime in Illinois federal court were granted conditional class certification on Wednesday, and AT&T was given seven days to turn over a list of all its employees who might be eligible to join the suit.

Expert Analysis

  • In Other Patent Venue News ... A Change In Northern Illinois

    Marc Cooperman

    After the U.S. Supreme Court's TC Heartland decision, venue considerations in intellectual property cases are undergoing seismic shifts, but some of them are below the radar. The Northern District of Illinois' new “mandatory initial discovery” program should make the district an even more attractive venue for well-prepared IP owners, says Marc Cooperman of Banner & Witcoff Ltd.

  • Series

    Revisiting Affiliated Ute: A Rare Presumption In 11th Circ.

    Brian Miller

    The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.

  • An Illinois Court's Lesson For Senior Lenders

    Jason Hirsh

    When does a modification “substantially impair” a junior lender’s priority? While not adopting a bright-line rule to answer this question, an Illinois state appeals court in Bowling Green Sports Center v. GAG LLC offered examples of where it would find “substantial impairment,” resulting in a senior lender losing its priority status, say Jason Hirsh and Erin Mayer Isaacson of Levenfeld Pearlstein LLC.

  • The Next Steps For Biometrics Legislation Across The US

    Justin Kay

    This month, Washington became the third state after Illinois and Texas to enact its own legislation generally governing the collection, use and retention of biometric data. As biometric information becomes more commonplace, there appears to be a renewed focus on the Illinois law, as well as a new impetus in other states to pass similar laws, say Justin Kay and Brendan McHugh of Drinker Biddle & Reath LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Series

    Revisiting Affiliated Ute: And Its Limits In The 5th Circ.

    Susanna Buergel

    Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.