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Illinois
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November 06, 2024
Netflix Jury Will Hear Victim ID Evidence In 'Our Father' Trial
An Indiana federal judge ruled Wednesday that Netflix Inc. can't exclude evidence of third-party statements in a suit accusing the entertainment giant of wrongly revealing the identities of the biological children of a rogue fertility doctor in the "Our Father" documentary, saying the statements were not inadmissible hearsay.
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November 06, 2024
2nd Circ. Revives Authors' Breach Claim Against McGraw Hill
The Second Circuit has partially restored a breach of contract claim from a would-be class action that alleged McGraw Hill shortchanged textbook authors on royalties from e-book sales, saying there was merit to one of their arguments relating to contract language.
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November 06, 2024
Amazon Can't 'Just Walk Out' On BIPA Claims
An Illinois federal judge largely allowed two biometric privacy suits to proceed against Amazon and a Midway Airport shop operator over Amazon's Just Walk Out cashierless checkout technology, trimming just an unlawful profiting claim against the travel retailer.
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November 06, 2024
Ex-Exec Says Do-Nothing ComEd Jobs A Favor To Madigan
A former Commonwealth Edison executive testified Wednesday that several subcontractors the utility kept on the payroll for years did little to no work and were hired as a favor for former Illinois House Speaker Michael Madigan, bolstered by a series of recordings he captured while cooperating with the government.
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November 06, 2024
Insurer Must Fully Cover $1.17M Crash Award, Fla. Panel Says
A Florida state appeals court upheld a directed verdict finding an auto insurer acted in bad faith while attempting to settle a woman's injury claims over a drunken driving crash, affirming Wednesday that the company must fully cover her $1.17 million compensatory damages award, less a prior $25,000 payment.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Voters Pass Medicaid Tax In Calif., Support IVF Coverage In Ill.
A tax on managed care organizations in California and an Illinois advisory question supporting access to in vitro fertilization won voter approval Tuesday as state-level ballot measures were set to shape healthcare policy across the country, according to unofficial election returns.
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November 05, 2024
Two Ill. Justices, Unopposed, Cruise To Full Terms
Illinois Supreme Court Justices Joy Cunningham and Lisa Holder White, running unopposed, secured their first full terms on the court on Tuesday, following their appointments two years ago.
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November 05, 2024
Insurer Drops Ice Rink Suit Against Maintenance Co.
An insurer and an ice rink maintenance company have stipulated to the dismissal of the insurer's suit alleging that the maintenance company negligently installed a heat exchanger for an Ann Arbor, Michigan, ice rink.
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November 05, 2024
Conagra Settles False Ad Suit Over 'Sustainable' Fish
Conagra and a proposed class of consumers have settled a suit accusing the food giant of deceptively labeling its seafood products as sustainable despite using ocean-harming methods to source them, according to a minute order entered Tuesday.
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November 05, 2024
Lifeway Rejects Danone Buyout, Implements 'Poison Pill'
Illinois-based fermented foods maker Lifeway Foods Inc. said Tuesday it has rejected a roughly $283 million offer from Danone North America PBC to buy the remaining stake it doesn't own in the company, and Lifeway has also implemented a so-called poison pill strategy to prevent Danone from prevailing.
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November 05, 2024
Mayer Brown Lands Paul Hastings PE Atty In Chicago
Mayer Brown LLP is preparing for a possible uptick in mergers and acquisitions work next year with the addition of an experienced private equity attorney in Chicago from Paul Hastings LLP.
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November 05, 2024
4 Golf Course Data Breach Suits Consolidated In Illinois
Four separate proposed class actions alleging an Illinois-based golf course operator failed to protect customers' information following a data breach have been consolidated and will be heard in front of the same federal judge.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Kroger, State AGs Finalize Sprawling $1.37B Opioid Deal
Kroger will pay $1.37 billion to dozens of states and thousands of counties, municipalities and Native American tribes to resolve allegations the grocery store chain contributed to the opioid crisis, with Ohio, California and Texas seeing the largest distributions, according to a finalized settlement unveiled Monday.
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November 04, 2024
BofA Unit Escapes Trading Firm's Spoofing Suit For Now
An Illinois federal judge has tossed a trading firm's proposed class action claiming that a Bank of America unit manipulated markets for U.S. Treasury futures and options, ruling that the firm fails to allege actual damages, but giving it an opportunity to amend the suit.
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November 04, 2024
'Oh, Come On': 5th Circ. Doubts Intuit Ads Misled Consumers
The Fifth Circuit on Monday seemed skeptical that the company behind TurboTax duped customers into thinking they could file their tax returns for free, with judges engaging in a lengthy back-and-forth with the Federal Trade Commission over how noticeable disclosures on the ads had to be for the agency to consider them truthful.
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November 04, 2024
High Court Questions If False Claims Act Covers FCC's E-Rate
Multiple justices seemed unconvinced Monday that the federal government plays such a limited role in requiring companies to pay fees for supporting telecom subsidies in schools that it can't seek to recover excess payouts from the fund under the False Claims Act.
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November 04, 2024
MultiPlan Judge Raises Eyebrows At Attys' Biz Flight Billing
Counsel leading multidistrict litigation over Multiplan's pricing tools quickly revised their plans Monday for attorneys who take longer flights for the case, after an Illinois federal judge questioned why certain travelers received special treatment "arguably on the class's dime."
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November 04, 2024
Morgan Lewis Lands Global Tech Atty From Mayer Brown
Morgan Lewis & Bockius LLP announced Monday that it has hired an attorney to strengthen its leading technology, outsourcing and commercial contracts practice who previously worked at Mayer Brown LLP for more than a decade.
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November 04, 2024
Hospital Can't Undo Widow's $5M Win Over Husband's Suicide
An Illinois state appeals court won't upend a $5 million verdict awarded to a widow against a Cook County hospital in a suit over her husband's death by suicide, finding that the widow's expert testimony was enough for a jury to conclude that the doctor's negligence led to the death.
Expert Analysis
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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Carbon Offset Case A Win For CFTC Enviro Fraud Task Force
An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.