Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco...more
On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more
12/5/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Fingerprints ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
IL Supreme Court ,
Illinois ,
Personally Identifiable Information ,
Privacy Laws ,
State Privacy Laws ,
Technology
On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more
7/25/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Damages ,
Data Collection ,
Disclosure ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
IL Supreme Court ,
Illinois ,
Privacy Acts ,
State Privacy Laws
On February 17, 2023, the Illinois Supreme Court ruled in Cothron v. White Castle System, Inc., 2023 IL 128004, that claims accrue under the Illinois Biometric Information Privacy Act (BIPA) each time data is collected and...more
On February 2, 2023, the Illinois Supreme Court held that all causes of action brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., are subject to a five-year statute of limitations....more
As consumer-facing product and service companies go head-to-head in an increasingly competitive marketplace, the risks of doing business are higher than ever before. Whether marketing your products to generate the highest...more
11/3/2022
/ Advertising ,
Best Practices ,
Class Action ,
Competition ,
Complex Litigation ,
Consumer Product Companies ,
Consumer Protection Laws ,
Continuing Legal Education ,
Corporate Counsel ,
Defense Strategies ,
Enforcement Actions ,
Events ,
Government Investigations ,
Marketing
Today’s legal departments face increased litigation risk in certain areas and must seek to manage costs amidst economic pressures. Although resolving a case may be hard to swallow at times, it may be the best business...more
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO...more
4/22/2022
/ Antitrust Division ,
Bid Rigging ,
Biden Administration ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Due Process ,
Enforcement Actions ,
Indictments ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Sherman Act ,
Wage-Fixing
In July 2021, the US Department of Justice’s (DOJ) Antitrust Division brought its first-ever criminal no-poach market allocation case. The Antitrust Division indicted DaVita, Inc. and its former CEO Kent Thiry on three counts...more
4/22/2022
/ Antitrust Division ,
Antitrust Litigation ,
Criminal Conspiracy ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employment Litigation ,
Enforcement Priorities ,
Hiring & Firing ,
Jury Trial ,
Market Allocation Scheme ,
No-Poaching ,
Non-Solicitation Agreements ,
Per Se Rule ,
Webinars
The Coronavirus (COVID-19) pandemic creates unprecedented risk for class action exposure for companies. This article identifies the first wave of class actions we anticipate arising out of the COVID-19 pandemic...more
IN THIS ISSUE -
Alongside the usual challenges of rising and falling values inherent in any family-owned asset, cryptocurrency, which is kept in key-protected digital wallets, is prone to getting lost or disappearing with...more
4/30/2019
/ Arbitration Agreements ,
Beneficiaries ,
Biotechnology ,
CFIUS ,
China ,
Contractual Safeguards ,
Cryptocurrency ,
Estate Planning ,
Foreign Investment ,
Inheritance ,
Pharmaceutical Patents ,
Trustees ,
Trusts ,
Wealth Management
Illinois Appellate Court upholds wide-reaching Rosenbach decision in the first appellate decision post-dating Rosenbach. The First District Appellate Court rejected attempts to carve exceptions into Rosenbach when it held...more
4/3/2019
/ Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
Carve Out Provisions ,
Class Action ,
Data Collection ,
Data Privacy ,
Data Protection ,
Injury-in-Fact ,
Liquidated Damages ,
Standing ,
Statutory Violations
Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed...more
2/7/2019
/ Actual Damages ,
Amusement Parks ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Fingerprints ,
IL Supreme Court ,
Injunctive Relief ,
Injury-in-Fact ,
Liquidated Damages ,
Personal Data ,
Personally Identifiable Information ,
Private Right of Action ,
Standing ,
Statutory Damages ,
Statutory Violations ,
Written Consent
An unprecedented surge in consumer fraud lawsuits over the last several years has consumers and lawyers closely scrutinizing product labels and advertisements. While many of these claims challenge the veracity of “Organic,”...more