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December 08, 2023
Circuit-By-Circuit Guide To 2023's Most Memorable Moments
A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.
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December 08, 2023
Walgreens, 5 Other Retailers Hit With Online Shopping IP Suits
Six major retailers, including Walgreens and Ikea, were hit with separate lawsuits in Texas federal court alleging they infringed two patents that enable stores to send targeted product offerings to consumers based on personal information.
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December 08, 2023
7th Circ. Takes Hard Look At CFPB Redlining Appeal
The Consumer Financial Protection Bureau and a Chicago mortgage lender each faced a skeptical Seventh Circuit judge Friday as the appellate court weighed whether it should revive the agency's redlining lawsuit accusing the lender of unlawfully disparaging majority-Black neighborhoods.
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December 08, 2023
Ex-JPM Traders' Appeal Can't Stop Spoofing Suit, CFTC Says
The Commodity Futures Trading Commission urged an Illinois federal judge this week to lift a stay on its lawsuit accusing two convicted former JPMorgan Chase precious metals traders of manipulating commodities markets, saying the agency's civil case should move forward now that the pair has been convicted in parallel criminal proceedings, regardless of the traders' plans to appeal.
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December 08, 2023
Bradley Arant Atty Allegedly Hid Dog Cruelty Charge From Bar
A Bradley Arant Boult Cummings LLP associate is facing disciplinary charges by the Illinois Attorney Registration and Disciplinary Commission after he was convicted of hitting his dog and allegedly failing to disclose his record while under consideration for bar admission.
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December 08, 2023
Jury Backs White Ex-Ill. City Worker In Race Bias Suit
An Illinois federal jury said Springfield, Illinois, should pay a white former budget employee $100,000 for promoting a Black worker over her and then disciplining her when she complained, just over a year after the Seventh Circuit revived the suit because of the city's conflicting explanations.
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December 08, 2023
Off The Bench: NCAA Pay Plan, Title IX Claims, Graffiti Smear
In this week's Off The Bench, the NCAA proposes opening the vaults, female athletes accuse the University of Oregon of unequal treatment, and a former college hockey player claims he was wrongly labeled as antisemitic. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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December 07, 2023
Crystal Clean To Pay $1.2M To Settle Feds', States' Waste Suit
An Illinois-based environmental services company on Thursday agreed to pay $1.2 million to settle the federal government's, Louisiana's and Indiana's claims that it violated laws governing the management and disposal of solid and hazardous waste.
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December 07, 2023
NCAA Legal Woes Swell As 7 States Sue Over Transfer Rule
Seven state attorneys general have filed a lawsuit in West Virginia federal court against the NCAA over its transfer eligibility rule for college sports, cutting deeper into the threads of the ropes restraining student-athletes from profiting off their names, images and likenesses.
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December 07, 2023
Freight Broker Asks Justices To Skip Widow's Negligence Suit
Freight broker GlobalTranz Enterprises has urged the U.S. Supreme Court to preserve the Seventh Circuit's finding that federal law bars a widow from pursuing state-based claims it negligently hired an unsafe motor carrier that caused an accident that led to her husband's death.
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December 07, 2023
Amazon Evades Suit Seeking Pay For COVID Screening Time
The risk posed by COVID-19 is not specific to work performed in Amazon's warehouses, an Illinois federal judge said Thursday, ruling that coronavirus screenings mandated by the company are not compensable under federal and state laws because they are not integral to employees' work.
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December 07, 2023
$5M UChicago COVID Tuition Deal Gets Early OK
An Illinois federal judge on Thursday granted initial approval to a nearly $5 million settlement resolving claims by University of Chicago students that they were entitled to refunds when the school closed its campus in the spring semester of 2020 to prevent the spread of COVID-19.
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December 07, 2023
Democratic AGs Say National Banks Bucking Investigations
A coalition of Democratic state attorneys general called Wednesday for backup from the Office of the Comptroller of the Currency and Consumer Financial Protection Bureau in taking on what the state prosecutors say has been persistent stonewalling of their investigations by national banks.
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December 06, 2023
Blue Cross Can't Decertify Trans Care Class
The class of transgender individuals suing Blue Cross Blue Shield of Illinois over coverage denials for gender dysphoria-related treatments should be amended to further spell out how prospective members may qualify to be in the class, a Washington federal judge has said, rejecting the insurer's attempt to unravel certification.
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December 06, 2023
Kirkland-Led AbbVie To Pay $8.7B For Cerevel Therapeutics
Kirkland & Ellis LLP-advised AbbVie Inc. said Wednesday it has agreed to buy Latham & Watkins LLP-guided Cerevel Therapeutics and its neuroscience treatment portfolio for approximately $8.7 billion.
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December 06, 2023
7th Circ. Searches For Guidance Over Ancestry.com Terms
A Seventh Circuit judge found little help Wednesday from both Ancestry.com and minors suing the company for sharing their genetic testing information, as he searched for cases to back up a trial court ruling letting the plaintiffs avoid an arbitration clause their parents signed.
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December 06, 2023
FCC Inks Privacy, Data Security MOUs With 4 States
The Federal Communications Commission announced Wednesday it has signed agreements with four states to jointly pursue privacy, data protection and cybersecurity enforcement.
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December 06, 2023
Weber Stockholder Claims $3.7B Go-Private Deal Burned Him
The private equity firm that took barbecue grill mainstay Weber Inc. public in 2021 and then private again a year and a half later took advantage of its influence on the board to grab the company at an unfairly low price of $8.05 per share, a new Delaware Court of Chancery complaint alleges.
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December 06, 2023
Litigator Joins Michael Best's Chicago Employment Shop
Michael Best & Friedrich LLP is expanding its bench of employment and labor attorneys with the addition of a former Novack & Macey LLP and Armstrong Teasdale LLP partner in its Chicago office, the firm announced Wednesday.
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December 06, 2023
Restaurant Chains Still Fighting Part Of $8M Chicken Deal
Boston Market, Golden Corral, Cracker Barrel, Domino's and other restaurant chains continued Tuesday to contest part of an $8 million class settlement resolving other direct buyers' chicken price-fixing claims, arguing specifically that the deal improperly bargained away claims they still want to assert in a subsequent trial.
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December 05, 2023
Parties In Healthcare Antitrust Suit Told To List Depo Targets
An Illinois federal court on Tuesday ordered DaVita Inc., a UnitedHealth Group unit and two of the unit's former senior employees to provide a list of people they seek to depose in an antitrust suit accusing the healthcare companies of an anti-competitive no-poach scheme.
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December 05, 2023
Deal Reached To End Sunoco Butane IP Row Amid Appeal
The Federal Circuit on Tuesday dismissed U.S. Venture's appeal of an award of $6 million in enhanced damages to Sunoco in a suit over butane patents, after the parties jointly agreed to dismissal.
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December 05, 2023
Chicagoans Seek OK Of $12.25M Deal Over Toxic Demolition
A group of Chicago residents asked an Illinois federal judge Monday for her initial blessing of their $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.
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December 05, 2023
7th Circ. Signals Issue With $540M Motorola Trade Secret Win
Seventh Circuit judges reviewing Motorola's $540 million win in a mobile radio trade secret case suggested Tuesday part of the verdict might come undone, with one judge saying the calculation of foreign sales was a thorny problem in the case.
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December 05, 2023
Jackson Urges High Court To Dispose Of Automatic Vacaturs
U.S. Supreme Court Justice Ketanji Brown Jackson on Tuesday again criticized a procedural mechanism that obligates the justices to vacate lower court opinions and offered up an alternative analysis they could use to decide whether to vacate rulings by the lower courts.
Expert Analysis
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Insurance Considerations For Cos. Assessing New AI Risks
Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.
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Ill. Temp Labor Rules: No Clear Road Map For Compliance
While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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3 Rulings Illustrate Infringement Hurdles For Hip-Hop Plaintiffs
Three district court decisions dismissing hip-hop copyright claims recently came down in quick succession, indicating that plaintiffs face significant hurdles when they premise claims on the use of words, phrases and themes that are common in the genre, say Benjamin Halperin and Shiara Robinson at Cowan DeBaets.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.