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July 31, 2024
Discover Could Pay $200M In Card 'Misclassification' Fines
Discover Financial Services told investors on Wednesday that it could face $200 million in potential regulatory penalties over its past "misclassification" of certain credit card accounts, an issue that's also led to class action litigation and other scrutiny for the card giant.
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July 31, 2024
Outgoing Chicago Top Judge Leaves With 'A Tear And A Smile'
Northern Illinois' outgoing chief federal judge says she's leaving the post with "a tear and a smile" as she prepares to return to normal judicial service, adding that if she were asked for advice, she'd tell her successor to pace herself while juggling the court's needs.
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July 31, 2024
Trade Secrets Cases To Watch In 2024: A Midyear Report
A Virginia appellate court reversed a historic $2 billion trade secrets verdict in a closely watched case, and the Seventh Circuit emphasized that the federal trade secrets law applies to conduct abroad, expanding the damages landscape. Here are some of the most notable trade secrets cases to watch for the rest of 2024.
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July 31, 2024
Kenyan Firm Sues Ill. Attys Over Ethiopian Airlines Crash Fees
A small Kenyan law firm seeking attorney fees from a 2019 Ethiopian Airlines crash victims settlement with Boeing is accusing Jenner & Block LLP and another Chicago firm of coaxing its former client into firing the firm, allegedly through misinformation and forged signatures, according to a suit filed in Illinois federal court this week.
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July 31, 2024
Ex-Chicago Alderman Should Serve Full Supervision, Feds Say
A former Chicago alderman and attorney convicted of tax crimes should not be allowed an early reprieve from his court-ordered supervision because it has become his main form of punishment following his compassionate release from prison, the government has told an Illinois federal court.
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July 31, 2024
Chicago Area's Brookfield Zoo Sued Over Data Breach
The popular Brookfield Zoo has been hit with a putative class action alleging inadequate cybersecurity measures failed to protect against a January data breach the zoo waited six months to make public, putting employees at risk of identity theft without proper notice.
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July 31, 2024
NC Sens. Continue Fight Against 4th Circ. Nom
Ryan Young Park, the solicitor general of North Carolina and nominee for the Fourth Circuit, defended his record and commitment to the law on Wednesday amid attacks from North Carolina's U.S. senators, who oppose his nomination and claim they were not properly consulted on his selection.
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July 30, 2024
Cook Medical Vein Filter Claims Came Too Late, 7th Circ. Says
The Seventh Circuit on Tuesday upheld Cook Medical LLC's win in a woman's lawsuit claiming the company's inferior vena cava filter caused her to develop abdominal pain and that the device fractured when it was removed, saying the suit was filed after the statute of limitations had expired.
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July 30, 2024
Texas' Meta Deal Signals Future Data Privacy Actions
While the announcement of an "astronomical" $1.4 billion settlement between Texas and Meta Platforms Inc. on Tuesday won't lead to a flood of consumer suits, it's "absolutely" a signal of future enforcement actions by the Lone Star State in the data privacy sphere, experts told Law360.
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July 30, 2024
FTC Seeks Temporary Kroger-Albertsons Block In Oregon
The Federal Trade Commission is formally seeking a temporary block against Kroger's proposed purchase of Albertsons, arguing in an Oregon federal court brief unsealed Tuesday that the planned divestiture of 579 stores to a "failed" supermarket boss won't adequately protect consumers or union labor facing dramatically increased concentration.
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July 30, 2024
Prosecutors Say Bribery Ruling Won't Disrupt Madigan Trial
Prosecutors accusing former Illinois House Speaker Michael Madigan of corruption said Monday night his case is unaffected by the U.S. Supreme Court's ruling limiting the reach of a bribery statute that once criminalized gratuities, saying the government's allegations do not rely on gratuities, so "this dog will not hunt."
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July 30, 2024
Hytera Radio Redesign 'Infected' With Stolen IP, Motorola Says
Hytera Communications should be held in contempt for shirking royalty obligations on its latest line of digital mobile radio products because evidence shows the company's entire redesign process was "infected" with stolen trade secrets, Motorola Solutions argued Monday.
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July 30, 2024
Insurer Says Trucking Co.'s BIPA Suit Isn't Covered
An insurer told an Illinois state judge to declare that it has no duty to defend a trucking company against allegations that it illegally mishandled employees' biometric information.
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July 30, 2024
Husch Blackwell Hires UB Greensfelder Partner In St. Louis
Several years after Husch Blackwell LLP's newest partner, Garrett Reuter Jr., graduated from law school, he joined Greensfelder Hemker & Gale PC to work alongside his late father. Now, he's bringing clients he grew up watching his father work with, to a new platform.
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July 30, 2024
Baker Sterchi Expands Northwest In Merger With Seattle Firm
Regional firm Baker Sterchi Cowden & Rice LLC is expanding outside the Midwest as it takes on Seattle-based Christie Law Group PLLC on Sept. 1, the firm announced Tuesday.
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July 30, 2024
Katten Adds Mayer Brown Practice Group Co-Chair In Chicago
Katten Muchin Rosenman LLP has added to its financial markets litigation and enforcement practice group an attorney who formerly co-chaired a similar practice at Mayer Brown LLP and also has previous in-house experience.
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July 29, 2024
Live Nation Judge Tightens In-House Counsel's Access To Docs
A New York federal judge imposed new restrictions Monday on Live Nation in-house counsel's access to documents and testimony from witnesses from its rivals in the U.S. Department of Justice's antitrust lawsuit, tightening a days-old two-tiered system after hearing concerns from those competitors.
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July 29, 2024
7th Circ. OKs Sanctioning Atty For Pushing Opposing Counsel
A Seventh Circuit panel has affirmed sanctions against a Chicago employment attorney for cursing and pushing opposing counsel who represented the Chicago Board of Education in a First Amendment dispute, finding Monday that the record supports the finding that the attorney knowingly lied when she claimed the physical contact was "unintentional."
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July 29, 2024
Avon Hit With $24M Verdict For Janitor's Talc Exposure
A Cook County Circuit Court jury has awarded more than $24 million to the family of a former janitor who worked in one of Avon Products' Illinois facilities in the 1980s, finding the company negligently exposed him to asbestos-contaminated talc that caused him to develop mesothelioma.
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July 29, 2024
7th Circ. Affirms Defective Protein Pouch Suit Came Too Late
The Seventh Circuit on Friday upheld a Wisconsin federal court's decision to dismiss a suit brought by a protein powder maker founded by a bodybuilder over the manufacturer of zipper pouches on the grounds that statutes of limitations and other laws barred its claims.
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July 29, 2024
USPS Backs Oshkosh's Sealing Bid In New Vehicle Plan Case
The U.S. Postal Service on Friday backed Oshkosh Defense's request to seal their confidential supplier contract terms in litigation challenging the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, arguing rivals could use the information to undercut the USPS when negotiating their own supplier contracts.
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July 29, 2024
Sky Zone Operator Gets Injury Claims Sent To Arbitration
The operators of a Sky Zone-branded trampoline park in the Chicago area have successfully pushed out of court a father's claims that his son was injured at the facility, after an Illinois appellate panel ruled that an arbitrator must determine if the waiver agreement the mother signed is in fact enforceable.
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July 29, 2024
7th Circ. Revives Health Workers' COVID Vaccine Bias Suits
The Seventh Circuit reopened two lawsuits Monday accusing a health system of unlawfully rejecting requests by a Christian nurse and pharmacy technician to be excused from a COVID-19 vaccine mandate, ruling the religious nature of their exemption bids wasn't nullified by secular aspects of their arguments.
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July 29, 2024
Medical Co. Fights To Reboot Arbitration Bid At 9th Circ.
A private-equity owned medical product maker urged the Ninth Circuit on Monday to reverse a finding that a truck loader's proposed class wage claims are exempt from federal arbitration law, arguing that the court erred in finding that she engaged in interstate commerce based on "super flimsy evidence" and is exempt.
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July 29, 2024
7th Circ. Judge Praised After Surviving Senate 'Gauntlet'
During U.S. District Judge Nancy Maldonado's brief tenure in Chicago federal court, she tackled several issues without direct precedent, including the intricacies of sound recording copyright protections. Now, after an especially bruising confirmation process, she'll be in a position to set precedent on the Seventh Circuit.
Expert Analysis
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Airlines Must Prepare For State AG Investigations
A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Examining Illinois Genetic Privacy Law Amid Deluge Of Claims
After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.
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Opinion
Climate Change Shouldn't Be Litigated Under State Laws
The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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PE-Healthcare Mergers Should Prepare For Challenges
State and federal regulators are increasingly imposing new requirements on healthcare transactions involving private equity partners, with mergers that would have drawn little scrutiny a few years ago now requiring a multijurisdictional risk analysis during the deal formation process, say attorneys at Stinson.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.