The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement...more
4/23/2025
/ Affirmative Defenses ,
Appeals ,
Article III ,
Cost-Shifting ,
Cunningham v Cornell University ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Federal Rules of Civil Procedure ,
Fiduciary ,
Fiduciary Duty ,
Pleading Standards ,
Prohibited Transactions ,
Retirement Plan ,
Rule 11 ,
Sanctions ,
SCOTUS ,
Standing
Mass arbitration is posing significant challenges for businesses, as it creates a new battleground in dispute resolution with the potential to overwhelm companies with a flood of simultaneous claims. Consumer-facing companies...more
2/26/2025
/ Amended Rules ,
American Arbitration Association ,
Arbitration ,
Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Consumer Contracts ,
Contract Terms ,
Defense Strategies ,
Dispute Resolution ,
Enforcement Actions ,
Litigation Strategies ,
Risk Mitigation
The U.S. Supreme Court recently granted a petition for a writ of certiorari to review the U.S. Court of Appeals for the Second Circuit's decision in Cunningham v. Cornell University, 86 F.4th 961 (2d Cir. 2023). In doing so,...more
In its Sept. 18, 2020, opinion in McDonald v. Symphony Bronzeville Park LLC, 2020 IL App (1st) 192398, the Illinois Appellate Court struck down a key defense pursued by employers facing lawsuits for violation of the Illinois...more
The 2020 National Strategy for Combating Terrorist and Other Illicit Financing was issued earlier this month by the U.S. Department of the Treasury. Prepared in consultation with regulators and law enforcement, including the...more
2/19/2020
/ AML/CFT ,
Anti-Terrorism Financing ,
Beneficial Owner ,
BSA/AML ,
Compliance ,
Customer Due Diligence (CDD) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Digital Assets ,
Financial Institutions ,
FinCEN ,
OCC ,
Securities and Exchange Commission (SEC) ,
U.S. Treasury
• Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply.
• Although BIPA was enacted in 2008, a decision by the Illinois Supreme Court in January 2019 held that an individual does...more
7/22/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Commercial General Liability Policies ,
D&O Insurance ,
Data Collection ,
Fingerprints ,
IL Supreme Court ,
Motion to Dismiss ,
Preemption ,
Settlement ,
Statute of Limitations ,
TCPA
• In China Agritech, Inc. v. Resh, et al., a unanimous U.S. Supreme Court reversed the U.S. Court of Appeals for the Ninth Circuit's previous ruling in American Pipe and Construction Co. v. Utah, holding that it "does not...more
6/12/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation