Illinois

Expert Analysis

• ABA Approves Remote Practice, But Questions Remain

  

  Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

• Keys To Creating Standout Law Firm Thought Leadership

  

  Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

• Reasons To Disclose 2020 Data When Selling Franchises

  

  Any franchisor considering marketing new franchises in 2021 by leaning on pre-pandemic financial results and omitting 2020 declines should know the perils of this plan, says Rochelle Spandorf at Davis Wright.

• Perspectives

  Judges On Race: The Power Of Discretion In Criminal Justice

  

  Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

• 7th Circ. Privacy Ruling Could Expand Article III Standing

  

  The Seventh Circuit's recent decision in Fox v. Dakkota Integrated Systems, finding that unlawful retention of biometric data inflicts a particularized and concrete harm on a plaintiff in the same way that unlawful collection does, may lend itself to further expansion of the Article III injury-in-fact requirement for standing in a lawsuit, say attorneys at Orrick.

• Trade Secrets Law 25 Years After PepsiCo Disclosure Case

  

  Notwithstanding the expectations at the time, the Seventh Circuit's landmark 1995 decision in the PepsiCo v. Redmond trade secret case has not made the doctrine of inevitable disclosure an alternative to, or backstop for, traditional post-employment noncompetition agreements — though the doctrine continues to be applied, say Peter Steinmeyer and Brian Spang at Epstein Becker.

• 5 Attorney Business Development Tips For The New Year

  

  Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

• ERISA Exhaustion Defense Still Viable In Some Jurisdictions

  

  A Georgia federal court’s recent decision in Fleming v. Rollins is a reminder that despite an ongoing circuit split, administrators facing fiduciary breach claims under the Employee Retirement Income Security Act can, in certain courts, still assert defenses based on plaintiffs' failure to exhaust a plan's administrative remedies, says Art Marrapese at Barclay Damon.

• Minimizing Disruption To Clients During Law Firm IT Upgrades

  

  For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

• Tips For Drafting Effective Amicus Briefs

  

  Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.

• 5 Trends That Will Influence E-Discovery In 2021

  

  Changes in the way people work and communicate — which the pandemic has accelerated — will continue to bring new e-discovery challenges and shifts in data recovery this year, says Brian Schrader at Business Intelligence Associates.

• Overlooked Patent Cases: Willful Infringement Developments

  

  Recent, potentially overlooked federal district court decisions applying the U.S. Supreme Court's Halo v. Pulse decision on willful patent infringement reveal that while circumstantial evidence of subjective beliefs may be sufficient for patentees to succeed on willful infringement claims, accused infringers will benefit most from direct evidence, say attorneys at Akin Gump.

• How Relationship Partners Can Draft Winning RFP Responses

  

  With law firms likely to see longtime clients roll out requests for proposal amid cost-cutting strategies this year, relationship partners can ensure they don't lose their clients by taking five critical actions during the response process, says Matthew Prinn at RFP Advisory.

• Law Firm Merger Predictions For 2021

  

  After a brief break in the multiyear streak of increasing law firm mergers, 2021 seems poised for a return to normal, with acquisitions involving small firms — those with under 400 lawyers — likely to dominate, says Peter Zeughauser at Zeughauser Group.

• Top 5 Considerations For Cannabis Franchising In 2021

  

  As more states legalize marijuana, cannabis franchisors and franchisees looking to enter the market in the new year must be creative, cognizant of all applicable restrictions and able to quickly adapt to a constantly changing environment, says Alan Gold at the Law Offices of Gold & Parado.