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Illinois
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April 28, 2025
Feds No Longer Want Convicted Ex-Ill. Speaker To Forfeit $3M
The federal government has reversed course on a bid for former Illinois House Speaker Michael Madigan to forfeit more than $3 million in the wake of his partial conviction on public corruption, saying it stands by its legal arguments but was backing off as "a matter of discretion."
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April 25, 2025
Judge Urges Creativity For Nonparties In Sprint Merger Row
T-Mobile, a group of Verizon and AT&T subscribers and a host of nonparty mobile carriers and network operators must try again to hash out a creative yet reasonable way to shield confidential information from the nonparties' anticipated discovery in litigation challenging T-Mobile's merger with Sprint, an Illinois magistrate judge has said.
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April 25, 2025
19 AGs Sue Trump Admin Over Anti-DEI School Funding Threat
Nearly 20 state attorneys general sued the U.S. Department of Education in Massachusetts federal court Friday accusing it of embarking on efforts to withhold funding from educational institutions that engage in vague, undefined, "illegal" diversity, equity and inclusion practices through an agency action passed earlier this month.
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April 25, 2025
FDIC Defends In-House Enforcement For Banking At 7th Circ.
The Federal Deposit Insurance Corp. has pushed back against a former Illinois community bank chairman's argument that the U.S. Supreme Court's recent Jarkesy decision prohibits the FDIC from using in-house proceedings to bring enforcement claims that seek civil penalties, saying that banking-related actions, like the one at issue, are "different" from what Jarkesy involved.
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April 25, 2025
Judge Keeps Boeing Fraud Case In Chicago
An Illinois federal judge said Friday that equity funds accusing Boeing of defrauding investors by downplaying the 737 Max jets' safety flaws after a pair of deadly crashes in 2018 and 2019 must continue to litigate their claims in Chicago instead of having them heard in Virginia.
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April 25, 2025
7th Circ. Upholds Mixed Verdict Over Rolling Paper Ads
The Seventh Circuit upheld all aspects of a mixed verdict in a dispute between two rolling paper companies, saying that manufacturer HBI International had not violated the Lanham Act but also leaving in place a nationwide injunction against some of the company's advertising practices.
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April 25, 2025
Mondelez Says Ghost Can't Use Sour Patch, Other Snack TMs
Two Mondelez International subsidiaries have filed suit in Illinois to halt Ghost LLC's marketing of energy products that feature Sour Patch Kids, Oreo and certain other iconic snack brand trademarks, claiming Ghost's license to do so ended when Keurig Dr. Pepper began controlling the company.
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April 25, 2025
Feds Say Tariff Fight Belongs In International Trade Court
The Trump administration wants to litigate a challenge to its tariffs in a federal trade court, not the D.C. district court, arguing that the U.S. Court of International Trade is the only venue with jurisdiction to hear the case.
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April 25, 2025
Taxation With Representation: Dechert, Brown Rudnick
In this week's Taxation With Representation, Boeing sells parts of its digital aviation solutions business to Thoma Bravo, Baker Tilly and Moss Adams join forces, Mobico sells its U.S. school bus business to I Squared Capital, and Apollo commits to a joint venture with Bullrock Energy Ventures.
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April 24, 2025
21 Democratic AGs Back Susman Godfrey In Trump EO Fight
Twenty-one Democratic attorneys general filed a brief Thursday supporting Susman Godfrey LLP's fight against President Donald Trump's executive order revoking its access to government resources, saying it threatens lawyers' freedom to represent clients disfavored by the government, such as when John Adams defended British soldiers accused in the Boston Massacre.
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April 24, 2025
Ill. Judge Won't Reduce Claims In Defective Smoker Suit
Grill manufacturer Char-Broil LLC can't escape claims it sold an electric smoker that shocked its users and didn't work correctly even after a recall, a Chicago federal judge ruled on Thursday, rejecting arguments that the buyers' fight is actually with the Consumer Product Safety Commission.
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April 24, 2025
Apple, Google, Roblox Duck Game Addiction Suit, For Now
An Illinois federal judge Wednesday dismissed Apple, Google and Roblox from a parent's proposed class action accusing multiple video game developers and platforms of peddling their addictive wares to children, saying the allegations lack specificity, but left open the possibility of amending the complaint.
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April 24, 2025
Jury Deadlocks In Ill. Senator's Bribery Trial
An Illinois federal judge declared a mistrial in a state senator's bribery trial Thursday after jurors signaled two times in as many days that they couldn't reach a unanimous decision in his case.
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April 24, 2025
7th Circ. Backs Employers In Pension Fund Withdrawal Fight
The Seventh Circuit upheld Thursday a trial court's ruling that two employers aren't required to pay a higher rate calculating how much it would cost to jump ship from a failing pension plan, knocking down arguments from the pension fund that an exception to the rate limit applied.
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April 24, 2025
Ill. Justices Affirm Venue Limits For Constitutional Challenges
The Illinois Supreme Court on Thursday upheld the limits to where constitutional challenges to a state statute, rule or executive order can be filed, saying that requiring the plaintiff in the underlying case to litigate in a different county "does not deprive it of the opportunity to be heard at a meaningful time and in a meaningful manner."
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April 23, 2025
No Need To Look At Tire IP Dispute, Toyo Tells Justices
Japanese tire giant Toyo Tire Corp. urged the U.S. Supreme Court on Wednesday not to examine a Federal Circuit ruling that discarded a $10 million award in a case that's been going on for over a decade around allegations of interfering with a rival's business through patent settlements with other companies.
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April 23, 2025
NY, 11 Other States Sue Trump Administration To Block Tariffs
A dozen states are seeking to block tariffs the Trump administration imposed under the International Emergency Economic Powers Act, claiming in a lawsuit Wednesday the tariffs illegally constitute unprecedented tax hikes on Americans and violate constitutional separations of powers
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April 23, 2025
Law Firm Fights Sanctions Bid In Mootness Fee Row
Attorneys at Monteverde & Associates PC urged an Illinois federal judge not to order certain sanctions against them in a challenge to so-called mootness fees paid to settle and dismiss allegedly baseless merger disclosure suits, saying more sanctions would be inconsistent with "well-established" pleading and sanctions standards.
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April 23, 2025
Ex-Exec Says Centene Harassed Him Over Void Noncompete
A former vice president at Centene claims in a new Illinois federal court lawsuit that the company has engaged in a campaign of harassment, threats and bullying directed at him and his new employer, based on a noncompete agreement he alleges is void.
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April 23, 2025
FCA Suit Over Allergan's Alleged Kickbacks Trimmed
An Illinois federal judge on Wednesday pared down a lawsuit by former Allergan USA pharmaceutical sales reps claiming the company engaged in a scheme to provide kickbacks to doctors in exchange for prescribing more gastrointestinal drugs, saying they largely failed to show enough of a link between the alleged kickbacks and any false claims to the government for prescriptions.
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April 23, 2025
Ex-Ky. Dinsmore L&E Atty Joins Cozen O'Connor In Chicago
Cozen O'Connor announced Wednesday that an employment and appellate litigator from Dinsmore & Shohl LLP is joining its Chicago office after 15 years practicing in Kentucky.
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April 23, 2025
United Flight Attendants Say Airline Owes Overtime Pay
United Airlines pays flight attendants only for the time they work during flights and declines to pay them any wages or overtime for pre- and post-flight tasks they're required to complete, according to a proposed class action filed in Illinois state court.
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April 22, 2025
Girardi's Son-In-Law Wants Chicago Client Theft Case Tossed
Disbarred attorney Tom Girardi's son-in-law Tuesday urged an Illinois federal court to toss a superseding indictment accusing him of helping steal millions from clients of the now-defunct Girardi Keese, saying prosecutors created confusion around the charged offenses by highlighting California legal ethics rules without explaining their relevance, "if any."
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April 22, 2025
11th Circ. Not Likely To Snuff Smoke Shop's $1.1M Trial Loss
The Eleventh Circuit signaled Tuesday that it was likely to uphold a $1.1 million verdict entered against a Georgia-based tobacco importer for selling counterfeit rolling papers, throwing cold water on the importer's claims that the verdict constituted a windfall that was prohibited in a 2023 trial.
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April 22, 2025
Temp Workers Sue Fresh Express Over Alleged Safety Hazards
Six temporary workers claimed in a potential class action filed Monday that salad kit maker Fresh Express failed to train them to operate dangerous equipment or mitigate safety risks and that the staffing agencies that sent them there failed to pay wages comparable to what their hired employees make in violation of Illinois law.
Expert Analysis
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Challenge To Ill. Card Fee Law Explores Compliance Hurdles
A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Illinois May Be Gearing Up To Ban E-Verify
Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Applying High Court's Domestic Corruption Rulings To FCPA
After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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John Deere Penalty Shows Importance Of M&A Due Diligence
The U.S. Securities and Exchange Commission's recent $10 million penalty against John Deere underscores the risks of not conducting robust preacquisition due diligence and not effectively integrating a new subsidiary into the existing compliance framework, say attorneys at Ropes & Gray.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Navigating The Complexities Of Cyber Incident Reporting
When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.