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Commercial Litigation Newsletter - June 2019

June 5, 2019   |  

No Harm, No Foul? Not So Fast: The Illinois Supreme Court Allows BIPA Lawsuits Without Allegations of Actual Injury

On Jan. 25, 2019, the Illinois Supreme Court unanimously held that a mere technical violation of the Illinois Biometric Information Privacy Act (BIPA) is sufficient to confer standing to sue for injunctive relief and monetary damages. This ruling has substantially increased the number of BIPA lawsuits brought in the state of Illinois, and that number will likely continue to climb.

By Christine E. Skoczylas and Dana A. Sarros

SCOTUS Makes It Clear: An Ambiguous Arbitration Agreement Does Not Give Rise to Class Arbitration

In a significant decision regarding the Federal Arbitration Act (FAA), the Supreme Court of the United States recently emphasized once again that class-wide arbitration is not allowed unless the parties to an arbitration agreement explicitly and unambiguously consented to it. Read more about the implications regarding class-wide arbitration.

By Alejandra Reichard & Alexander P. Orlowski

U.S. Supreme Court to Decide to Which Extent Agencies Can Interpret Their Own Regulations

Lawyers and law students can recite the familiar test of the Chevron deference: If a statute is ambiguous – that is, if Congress’ intent is not clear or if the statute is silent on a topic – federal courts will defer to an agency’s regulations interpreting that statute. A lesser-known doctrine extends Chevron to the next level, and the authors discuss how that principle, known as the Auer or Seminole Rock deference, was tested in March in the U.S. Supreme Court.

By Matthew T. Ciulla

The Importance of Graphics in Commercial Litigation

If seeing is believing, then effective visuals offer the foundation for juror persuasion. Research indicates that the use of visual aids results in decreased learning time, improved comprehension, enhanced retrieval, and increased retention. This article on using graphics in commercial litigation may have you believing.

By Amit Patel, ThemeVision LLC and Barnes & Thornburg, and David Bartholomew, ThemeVision LLC and Barnes & Thornburg

 

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