Vincent Sallan

In explaining the amendments to Federal Rule of Evidence 702, the Advisory Committee called out several ways in which “many courts” had “incorrectly” applied Rule 702 and failed to adequately discharge their duty as gatekeepers with regard to expert witness testimony. The import of those comments is that existing precedent on Rule 702 may be “incorrect” and must be re-examined. A case pending in the Northern District of Illinois serves as a fine illustration of how this re-examination should work in practice. You can learn more in this post for our “Faegre Drinker on Products” blog by Eric Friedman and Brian J. Paul.

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Attorney at Work: "Who is this #law firm that has represented this company the most? Could there be room for my firm within this company’s book of outside counsel?" Our piece ⬇ provides practical BI + CI tips. Read the article: https://shorturl.at/lOK4V #CourtData #BusinessIntelligence #CompetitiveIntelligence

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The Illinois legislature passed SB2979, a bill that amends certain provisions of the Illinois Biometric Information Privacy Act. Most importantly for companies operating in Illinois, the amendment overturns the Illinois Supreme Court’s holding in Cothron v. White Castle System, Inc. that an individual can recover statutory penalties for each separate biometric scan. Through SB2979, the Illinois legislature makes clear that an individual can only recover a single statutory penalty when their biometric identifier is collected in violation of BIPA. SB2979 also amends BIPA to make clear that entities can get written consent in the form of an electronic signature. SB2979 will now await signature by Governor Pritzker. If signed, the amendment will go into effect immediately. Contact Scopelitis Attorneys Greg Feary, Charles Andrewscavage, Andy Butcher, Jared Kramer, or Dylan Goetsch for questions about SB2979 or issues related to BIPA. https://lnkd.in/e-Cv5HJY

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In his latest column for Detroit Legal News, firm partner A. Vince Colella discusses the paradox of limiting a business owner's duty to keep its customers safe. "Expanding the duty to protect customers beyond simply expediting the police will shift the economic burden back to the business owners, and in turn, make their establishments safer." Read the full piece here: https://lnkd.in/gtudXFq4

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Without further notice on its website, nevermind hearing or comment, the Illinois Supreme Court has again amended Rule 9 to add an additional set of rejection standards, these for reviewing courts. While the Supreme Court certainly has the authority to amend the rules at any time and for any reason, that doesn't mean it should. The bar has been completely cut out of this process that is so fundamental to what we do. Despite this new amendment being added since June 12, the rule reflects that it was amended June 12, when it plainly wasn't. Not surprisingly, the rejection standards for reviewing courts is even longer than those for the circuit courts. Hopefully this is the last of the amendments, but continuous review will be necessary to stay on top of what the court is going to require in order for documents to be properly filed. Lots more to come. h/t to Lawrence A. Stein for letting me know about this change. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure

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Read more about the 22 outstanding “Go To Lawyers” for business transactions, including credentials, signature cases, approach to clients and predictions for employment law in 2024 and beyond. https://lnkd.in/gEXzDE3T

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Our U.S. Supreme Court Round-Up provides summaries of cases decided during the October 2023 term, a preview of cases set to be argued in the next term, and an overview of other key developments on the Court’s docket. #SCOTUS

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In a matter of first impression in Illinois, and reviewing case law across the country to determine the correct outcome on whether the validity of a mechanics lien is subject to arbitration, Justice Mitchell, writing for the Illinois Appellate Court, First District in Portage Park v. ALL Masonry, held that "[t]he issue on appeal is whether the circuit court erred by determining that the validity of a mechanic’s lien is subject to arbitration. For the reasons stated below, we hold that the circuit court did not err and affirm." The court distinguished between validity and enforcement of the lien, the latter of which is reserved to the circuit court as provided by the Mechanics Lien Act. The decision is below and Episode 208 of the Podium and Panel Podcast where Dan Cotter and I discussed the case on our new segment on arbitration is in the comments. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #arbitration

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Program topics requested for #IAAO Legal Seminar in Chicago - The IAAO Legal Task Force is accepting program topic proposals for the 2024 IAAO Legal Seminar, set for Dec. 12-13 in Chicago at the Swissôtel Chicago. Hotel rooms are currently available to reserve and seminar registration will open in June.   The theme of this year's seminar is "Navigating Change." The Legal Task Force is currently seeking qualified professionals to present on topics of interest to lawyers and assessors.   Potential topics include: -Artificial intelligence and tools for your practice -Economic and non-economic impacts of the development of sports stadiums -Valuation issues assessing affordable housing communities created through public-private partnerships -E-filing systems and programs around the country – how those systems impact legal practice and data-mining – the pros/cons  -uniformity and discrimination in under-assessment Appeals --Cross-examination tools -Preferential assessments – varying interpretations and unintended consequences  -Legislation – varying interpretations and unintended consequences    - How to read/draft legislation    - How to properly consider the legal application of pending legislation -Senior exemption and freeze fraud issues -Residential-level fraud from multiuse, primarily commercial    -Repurposing of anchor department stores at shopping malls   -Assessment of data centers -Anatomy of a tax assessment case -Climate change: impact on assessing real estate -Chicago architecture – local perspective The deadline to submit topics is June 30.   Submit Program Topics at https://lnkd.in/gfhkZKYj Hotel The Legal Seminar will take place at the Swissotel in Chicago and attendees can now reserve hotel rooms, starting at $164. Designed by renowned Chicago architect Harry Weese, Swissotel Chicago is an award-winning luxury hotel overlooking the Chicago River and Lake Michigan, and just steps from the Magnificent Mile.   Reserve Hotel Rooms at https://lnkd.in/gFUnZgZp   Continuing Legal Education Attendees will receive IAAO continuing education credits and IAAO will file for Continuing Legal Education credits for attendees requesting CLEs by Oct. 1. The amount of CLE credit varies by state. Requests for CLE credit must be made no later than Oct. 1. www.iaao.org/legal

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Minnesota is the latest jurisdiction to enact a pay transparency law, joining other localities such as California, Colorado, Illinois, Maryland and Washington, D.C., New York, and Washington state that are taking steps to address pay disparity concerns. On May 17, 2024, Minnesota Gov. Walz signed the Omnibus Labor and Industry policy bill, including new job posting requirements. This law is in addition to existing Minnesota wage disclosure protections for employees. The new law takes effect Jan. 1, 2025. Read more in this #GTAlert written by Mikaela Shaw Masoudpour: https://buff.ly/3wRBtH3. #LaborAndEmployment

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SWR has successfully defended class action matters in state and federal courts throughout the Midwest. Our attorneys understand the critical junctures in these cases and employ strategies to defeat class certification or otherwise dispose of claims at the outset. We use targeted discovery to highlight when a putative class does not meet the criteria for class certification. In other instances, we have invoked mandatory arbitration clauses to achieve early resolution of claims. In some cases, the best strategy may be to support class certification as a means to consolidate costly individual claims and limit exposure. SWR attorneys continually analyze the client’s objectives in order to achieve the most economical resolution possible, whether that be by pursuing early resolution, or by litigating aggressively through trial and on appeal. Learn more here https://lnkd.in/g4VJxtH5

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𝗪𝗵𝘆 𝗛𝗲𝗮𝗱𝗶𝗻𝗴𝘀 𝗠𝗮𝘁𝘁𝗲𝗿 𝗶𝗻 𝗔𝗽𝗽𝗲𝗹𝗹𝗮𝘁𝗲 𝗕𝗿𝗶𝗲𝗳𝘀 Under California appellate rules, briefs must state each point under a separate heading or subheading.  Appellants and respondents alike should heed this requirement, as both persuasion and preservation may depend on it.  Some practice tips to consider: ✅ Many appellate courts will deem an argument forfeited if buried under an unrelated heading, or made only in a footnote. ✅ Headings should be substantive, but not so lengthy that they cease to serve as "headlines" and start to resemble text. ✅ Organizing headings for each distinct contention brings discipline to the drafting process, making the brief more coherent and digestible.  Generating a new Table of Contents for each draft is an excellent editing tool, helping you see whether points flow logically and persuasively. ✅ If the Table of Contents has "gaps" that would confuse a stranger, revise.  Justices often read the TOC to gain a substantive overview of the brief before diving in.   ► 𝗧𝗵𝗲 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗺𝗲𝘀𝘀𝗮𝗴𝗲:  Ensure that your brief headings are crisp and clear, and that they smoothly outline all your core contentions on appeal. #appeals Laurie Hepler

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The doctrine of divisibility is well known in contract law, yet there is little discussion by courts and scholars of reverse divisibility, which involves the recharacterization of two or more facially separate but closely related contracts as a single contract. In "'Reverse Divisibility' and 'Subsequent Modification': Expanding the Scope of Justified Non-Performance in Multiple Contract Situations," Professor Gregory Crespi discusses reverse divisibility and its practical applications. https://lnkd.in/eGG-r3dv

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Attention Employers: The U.S. Supreme Court has eased the threshold for employees to prove Title VII discrimination in claims relating to job transfers.   Given the general direction in which recent decisions of the Court have moved, its recent decision in Muldrow v. St. Louis, surprisingly, moves in the opposite direction. The Court held that for a plaintiff-employee to make a claim of discrimination under Title VII based on a job transfer, the transferee does not have to show that the harm incurred as a result of the transfer was significant, serious or substantial.   Employers should note the lower threshold now in place for an employee to establish a discrimination claim under Title VII, which for other than those within the DC Circuit likely represents a new, less stringent standard.   Our Labor & Employment team is available to assist employers in navigating full compliance with Title VII (as the standards for such compliance may change) and other anti-discrimination and anti-retaliation laws. We also advise clients on managing their employer-employee relations and defending against discrimination and all other workplace claims.   To learn more about the Muldrow decision, read our latest Labor & Employment Client Alert by Jeffrey Englander, Keith Markel, John B. Fulfree, Cassandra Branch, Alana Mildner Smolow and Kayla West, and contact our team with any questions.   https://lnkd.in/eAvTcX2Z   #EmploymentLaw #EmploymentPolicies #TitleVII

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