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Illinois
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January 24, 2025
Ill. Justices Say Performance Bonuses Count In OT Math
Two workers will have another shot at arguing an electric company failed to pay the proper amount of overtime because state law doesn't exclude performance bonuses from overtime math, the Illinois Supreme Court ruled Friday.
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January 24, 2025
Dentons' Ben Weinberg On Making An Impact With Pro Bono
For over 16 years, Ben Weinberg has been shaping Dentons' pro bono program, looking for ways to connect the needs of local communities with the resources of a global legal powerhouse to make an impact.
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January 24, 2025
Feds' Madigan Theory 'Doesn't Line Up,' His Atty Tells Jury
Counsel for former Illinois House Speaker Michael Madigan told an Illinois federal jury Friday that prosecutors attempting to convict him of racketeering have painted an "incomplete and misleading" picture of a crooked politician at trial, but have failed to meet their burden to prove he ever acted with corrupt intent or engaged in a "this for that" exchange for his official action.
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January 24, 2025
Campbell's Unit Accused Of Failing To Pay For Off-Clock Work
A Campbell's subsidiary fails to compensate hourly paid packing employees for the several minutes they spend each day performing certain tasks before and after their shifts, a proposed collective action filed in North Carolina federal court said.
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January 24, 2025
Circle K Fails To Pay For Travel Costs, Manager Says
Convenience store chain Circle K requires store managers to make trips to other locations to pick up out-of-stock items but doesn't reimburse them for the costs associated with this travel, a proposed class action filed in Illinois state court said.
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January 23, 2025
Hiring Freeze, Ending Telework Would Devastate USPTO
The U.S. Patent and Trademark Office would be uniquely harmed if forced to follow the Trump administration's return to office mandate, given its nearly 30-year history of telework that has led to 96% of its employees being permanently remote.
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January 23, 2025
Jump Trading Says Ex-Worker Stole IP For Blockchain Startup
High-frequency trading firm and blockchain technology developer Jump Trading has filed a complaint seeking a preliminary injunction against a former software developer it claims is using Jump Trading's intellectual property to launch a competing project.
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January 23, 2025
Vape Maker Seeks Exit From Suit Over Delta-9 THC Levels
An Illinois-based vape maker urged a federal judge to toss a lawsuit accusing it of fraudulently passing off illicit Delta-9 products as legal Delta-8 ones, saying the suit lacks fundamental details, such as which products were purchased and what laboratory tested them.
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January 23, 2025
Madigan's Law Firm Profits Drove Corrupt Acts, Jury Told
Former Illinois House Speaker Michael Madigan's ownership interest in his Chicago law firm and his entitlement to 50% of its profits was behind his efforts to extort property tax business from developers who needed approvals from state and local government for their projects, prosecutors told an Illinois federal jury Thursday.
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January 23, 2025
7th Circ. Says Ex-Manager's Noncompete Allowed Clawback
The Seventh Circuit reopened an auto parts company's lawsuit seeking to recover proceeds a plant manager got from selling shares he was granted, saying Delaware's top court has made clear that a lower court shouldn't have analyzed whether the forfeiture-for-competition provisions of the stock agreements were reasonable.
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January 23, 2025
Hillrom Rival Must Turn Over Antitrust Litigation Funding Docs
An Illinois federal court has ordered hospital-bed maker Linet to produce certain litigation funding documents in its antitrust suit accusing competitor Hill-Rom Holdings Inc. of trying to monopolize the U.S. market, ruling the documents are relevant to the statute of limitations in the case.
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January 23, 2025
HP Says Ill. Ink Antitrust Claims Fall 'Woefully Short'
HP urged an Illinois federal judge on Thursday to toss out customers' lawsuit accusing it of anticompetitively blocking them from using third-party ink cartridges in their machines, arguing that they haven't come close to showing how it tied customers' printer purchases to the alleged restriction.
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January 23, 2025
11 States Say DOJ Can't Make Them Enforce Deportations
Eleven state attorneys general fired back Thursday at a U.S. Department of Justice memorandum instructing federal prosecutors to take action against states that interfere with the Trump administration's plans to deport unlawfully present immigrants, calling the move unconstitutional.
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January 23, 2025
Turkey Buyers Get Classes Certified For Antitrust Claims
An Illinois federal court certified two classes of buyers in a case accusing the country's largest turkey processors of working together to reduce supply and increase prices after refusing to exclude analysis from the buyers' experts.
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January 23, 2025
Judge Puts 'Unconstitutional' Trump Citizenship Order On Ice
A Washington federal judge paused nationwide enforcement of President Donald Trump's executive order limiting birthright citizenship on Thursday, calling the order "blatantly unconstitutional" and expressing disdain for attorneys backing the presidential decision while hearing four states' emergency bid for a temporary restraining order.
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January 23, 2025
15 States Reach $7.4B Settlement With Sackler Family
A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.
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January 22, 2025
Intuitive Chief Rejects Da Vinci Robot Market Monopoly Claim
Intuitive Surgical's president testified Wednesday in a $140 million California federal antitrust trial over claims the da Vinci surgical robot maker abuses its market power by blocking hospitals from having third parties refurbish a crucial robot component, saying there's no monopoly since Intuitive competes with traditional and laparoscopic surgery offerings.
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January 22, 2025
Equal Rights Org. Sues Illinois Over Demographic Data Law
A national equal rights organization filed suit Tuesday asking an Illinois federal judge to block the state from enforcing a statute it says unconstitutionally requires its members to publicize their demographic data.
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January 22, 2025
Ill. Says Venue Limits Aren't 'Forum Shopping' In Gun Case
The state of Illinois urged the Illinois Supreme Court on Wednesday to uphold a state law limiting the counties in which plaintiffs can bring constitutional statutory challenges, rejecting one justice's suggestion that the law is an example of "blatant forum shopping."
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January 22, 2025
Madigan Used ComEd As 'Personal Piggy Bank,' Jurors Told
Former Illinois House Speaker Michael Madigan and his devoted surrogate Michael McClain conspired to enhance and preserve Madigan's power and line his pockets, both by steering business to the ex-speaker's law firm and rewarding his political allies with do-nothing jobs, prosecutors told an Illinois federal jury during closing arguments Wednesday.
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January 22, 2025
Campbell's Soup Store Racks Infringe Patents, Judge Says
An Illinois federal judge found Wednesday that Campbell and grocery chains Kroger and Meijer directly infringed patents covering gravity-operated racks found in grocery aisles, but shot down the patent owner's bid for a win on the soup company's argument that the patents are invalid.
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January 21, 2025
Intuitive Seeks Midtrial End To Robo-Surgery Antitrust Suit
Before calling its first defense witness Tuesday, Intuitive Surgical urged a federal judge to find in its favor in a trial over claims that it abused its market dominance by blocking third parties from refurbishing a component of its da Vinci surgery robot, saying there's no evidence of an unlawful tying arrangement.
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January 21, 2025
SEC Sues Ex-Investment Firm Reps, GC Over 'Sham' Energy Co.
The U.S. Securities and Exchange Commission has accused former representatives of a wealth management firm of selling shares of a "sham" oil and gas company, and separately accused the firm's general counsel and chief compliance officer of playing an "active role" in the alleged misconduct by drawing up liability releases for the firm.
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January 21, 2025
Firm Tells Fed. Circ. It Was Wrongly Sanctioned In Patent Row
Moarbes LLP has urged the Federal Circuit to overturn over $23,000 in sanctions against it for not complying with discovery orders in a door manufacturing patent suit, saying the ruling wrongly relied on a letter from the firm's client criticizing its work.
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January 21, 2025
Mondelez Fights Candy-Flavored Energy Drink Label Claims
Snack giant Mondelez and the company behind Ghost energy drinks argued Tuesday that they should not have to face a proposed class action claiming they illegally market candy-flavored Ghost drinks toward kids because the label wouldn't dupe reasonable consumers.
Expert Analysis
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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.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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What 7th Circ. Samsung Decision Means For Mass Arbitration
The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.