Illinois

Expert Analysis

• SEP Users Should Jettison Antitrust For Patent, Contract Law

  

  Because the recent holdings in Federal Trade Commission v. Qualcomm and Continental Automotive Systems v. Avanci demonstrate antitrust's flaws in resolving disputes over licensing rates for standard-essential patents, users should employ contract and patent law for more flexibility in negotiations and litigation, say Erik Puknys and Michelle Rice at Finnegan.

• Anticipating Litigation's Big Role In The 2020 Elections

  

  Varying state election laws and increased mail-in voting may leave this November's presidential race without a clear winner, with ongoing and prospective voting-related lawsuits potentially affecting the outcome, say attorneys at Squire Patton.

• Opinion

  Lawyers Must Fight Voter Suppression This Election Season

  

  Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

• How Private Employers Can Limit Political Discord At Work

  

  Lindsay Hedrick and Victoria Bliss at Jones Day examine the restrictions private employers can implement to prevent political expression from negatively affecting the workplace while maintaining compliance with the National Labor Relations Act and state laws.

• 4 Enforcement Actions Highlight SEC's Focus On Earnings

  

  The U.S. Securities and Exchange Commission's four enforcement actions settled in the days before its fiscal year-end show the regulator is keeping an eye on issuers' earnings management and financial reporting, and demonstrate the dangers of fixating on analysts' earnings targets, says Lori Echavarria at WilmerHale.

• Why Online Mediation May Be Here To Stay

  

  Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

• Series

  AGs In A Pandemic: Neronha Talks RI Criminal Justice

  

  Rhode Island Attorney General Peter Neronha describes the core principles guiding his state’s criminal justice approach in a way that balances public safety and public health during the pandemic.

• Perspectives

  Barrett Should Be Questioned On Children's Access To Courts

  

  At a time when children's lives are so threatened by avoidable climate change chaos, understanding U.S. Supreme Court nominee Amy Coney Barrett's views on what standing future generations have to seek declaratory relief in Article III courts should be an essential part of her confirmation hearings, says Julia Olson at Our Children's Trust.

• States' Evolving Patchwork Of Insurance Data Security Laws

  

  With key differences in state approaches to insurance data security regulation beginning to emerge, even small and bank-affiliated insurance entities that are granted partial exemptions in some jurisdictions will likely have to develop information security programs eventually, say attorneys at McIntyre & Lemon.

• Clients Have The Power To Promote Wellness At Law Firms

  

  Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

• Opinion

  Appellate Courts Should Welcome Well-Crafted Amicus Briefs

  

  A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

• University Sportsbook Deal Raises Compliance Concerns

  

  Because state and gaming industry regulations and possible NCAA guidance could limit the viability of novel partnerships like the University of Colorado's corporate sponsorship agreement with PointsBet, athletic departments need to establish clear protocols to ensure integrity and adherence to sports-betting rules, say Christopher Conniff and Nicholas Macri at Ropes & Gray.

• Series

  AGs In A Pandemic: Miller Talks Iowa Derecho

  

  The intense, straight-line windstorm that devastated Iowa in August brought out scammers and charlatans, but state Attorney General Tom Miller says that the COVID-19 crisis had prepared his office's Consumer Protection Division to take swift action on price-gouging and other problems in the wake of the disaster.

• What Hiring Law Firms Should Consider Instead Of Grades

  

  With law schools forgoing traditional grading due to the pandemic, hiring firms that have heavily weighted first-year grades during the on-campus interview process should turn to metrics that allow a more holistic view of a candidate, says Kate Reder Sheikh at Major Lindsey.

• Series

  Judging A Book: Schroeder Reviews 'Collegiality'

  

  Mark Barringer's new book, "Collegiality and the Constitution," is an engaging, vibrant work of judicial history in Texas' Eastern District, and reveals an atmosphere of civility and respect among all those involved in the business of the court, says U.S. District Judge Robert W. Schroeder III.